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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2000 Council Minutes » April 18, 2000
April 18, 2000
The Lindon City Council held a regularly scheduled meeting on Tuesday, April 18, 2000, at 6:00 P.M. in the Lindon City Center, City Council Chambers at 100 North State Street, Lindon Utah.
Conducting: Mayor Larry A. Ellertson
Pledge of Allegiance: Larry Ellertson
Invocation: Jerald Hatch
PRESENT
Larry A. Ellertson, Mayor
James A. Dain, Mayor ProTem(arrived 6:50 P.M.)
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember
Jeff Acerson, Councilmember
Ott H. Dameron, City Administrator
Judi Masson, Planning Intern
Nichole Monson, Administrative Clerk
ABSENT
Toby Bath, Councilmember
The meeting began at 6:10 P.M.
WORK SESSION - Envision Utah representatives will make a presentation to city officials, interested citizens, and the media concerning Envision Utah’s Quality Growth Strategy.
Mayor Ellertson started the meeting excusing Councilmember Dain and explaining that he would be a few minutes late. Mayor Ellertson then welcomed Dr. Bonner Richie and Ms. Kristine Thompson of the Coalition for Utah’s Future, representatives of Envision Utah.
Dr. Richie started by explaining the basic goals and ideas behind the Envision Utah initiative and further detailing the recent release of the organization’s Quality Growth Strategy. He continued to say that the Quality Growth Strategy is actually dozens of incremental policy recommendations designed to help Utahns reach six goals: 1) Improve air quality, 2) Increase transportation choices, 3) Preserve critical lands, 4) Conserve water, 5) Provide a broad range of housing types for different incomes and life situations and 6 ) Create efficient public investment in infrastructure. Dr. Richie then showed a video to the Council that elaborated on these goals by describing 32 different strategies designed to help Utahns reach the goals.
The short video was followed by Dr. Ritchie explaining that Envision Utah stresses that local governments must decide what they want for their own communities. He tried to impress upon the Council and residents present that Envision Utah is not a legislative body capable of making decisions but merely a group which provides a tool to be used by municipalities to help with the development of the Greater Wasatch Front.
There were approximately six residents present who voiced strong opposition to the ideas of Envision Utah stating that they felt it was in fact pushing communities to develop under the Envision Utah plan by penalizing those who don’t. The residents felt that with the financial incentives given to communities and developers who participate, those that do not are being punished. Barbara Walker, a resident of Lindon, stated she is opposed to the Envision Utah scenarios that have been shown which seem to manipulate responses, and that if there are to be incentives, she felt there should be strong incentives given to people of lower incomes who buy and fix up older and potentially more historic homes. She continued to say that she sees a “bias in Envision Utah against people owning very much open space” and that this is contradictory to the sentiment in Lindon of “A Little Bit of Country.” The residents present supported Ms. Walker’s statement and expressed their frustrations and anger that they felt this program was “being shoved down their throats” and that they were having to protect themselves from the mandates of government.
Mayor Ellertson urged the residents to please remain calm and tried to explain his own feelings that it is better to be a participant in the discussion than it is to wait for it to happen. He feels that Envision Utah is, and should be used as, a tool to help communities grow in a pleasing manner to all. Mayor Ellertson stated “I have chosen to become involved in the discussions so that I might be able to represent the values of Lindon’s residents.”
Discussion followed with the residents reiterating their frustrations and the Envision Utah presenters attempting to make them aware that this was not something set in stone or mandated by the group, but is the outcome of a series of discussions and work sessions with the residents of Utah with the goal of creating a tool box to help communities with development.
Shortly after 7pm the presenters had to leave to give the same presentation to the Council and residents of Pleasant Grove. The residents voiced continued opposition and Mayor Ellertson thanked them for their participation and commended them for their concern about their community. He ended the meeting by encouraging the residents to become “Action Mad.” Meaning that it is important for the community to become involved in the discussions and workshops so as to find a solution to the growth issues that the state and communities are facing.
(Councilmember Dain arrived at 6:50 P.M.)
MINUTES
The minutes of a regular meeting March 21, 2000, April 4, 2000 and Executive Session Minutes of March 16, 2000 and March 21, 2000 were scheduled for review. The following corrections were made:
March 16, 2000 - Executive Session
The minutes were reviewed. There were no corrections.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE LINDON CITY COUNCIL EXECUTIVE SESSION OF THURSDAY, MARCH 16, 2000 AS PRESENTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
March 21, 2000 - Executive Session
The minutes were reviewed. There were no corrections. COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE LINDON CITY COUNCIL EXECUTIVE SESSION OF TUESDAY, MARCH 21, 2000 AS PRESENTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
March 21, 2000 - Regular Session
Page 5, line 30; replace “in” with the word “is”
Page 5, line 44; replace “interested” with the word “interest”
Page 6, line 16; replace “would have to” with the words “could be”
Page 7, line 12; add the words “FOR FUTURE ROAD WIDENING IF NECESSARY” after the word “preserved.”
Page 9, line 38; replace “the” with the word “this.”
Page 13, line 27; replace “is” with the words “might be”
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF MARCH 21, 2000 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
April 4, 2000 - Regular Session
Page 3, line 20; add the word “be” following “to”
Page 4, line 25; replace “on to say” with “by saying”
Page 4, line 28; replace “on” with the word “one”
Page 6, line 6; add the word “be” following “not”
Page 6, line 12; delete the word “of”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF APRIL 4, 2000 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
OPEN SESSION - Citizens’ Comments
1. Jan Porter, resident, was concerned as to previous discussion in Council about possibly readdressing cul-de-sacs near her home on the East side.
The Mayor invited Ms. Porter to come forward and address the Council. Ms. Porter explained that she had attended the previous Council meeting and was curious as to the outcome of a Council suggestion to city staff that they look into the need to readdress two cul-de -sacs.
Judi Masson, Planning Intern, was present to let the Council know that Lt. Tauffer and Fire Chief Mark Hales of the Lindon/Pleasant Grove Public Safety Department had stated they would suggest not changing the addressing in the cul-de-sacs. The Council agreed and advised Ms. Porter the addressing would stay as it was for the cul-de-sacs.
2. Aileen Hardman 749 North 400 East, was present to discuss a letter sent to the Mayor and Council.
The Mayor invited Mrs. Hardman to come forward and address the Council. Mrs. Hardman explained that she was here to follow-up on a letter her husband had recently sent the Mayor and Council regarding speeding traffic on 400 East. Mrs. Hardman wanted to know the Council’s response and to see if anything was being done to alleviate the problem. She understood there had been previous discussion about a potential traffic circle being placed on 400 East but she and her neighbors would like a speed bump located either in front of her home or further North just as traffic comes over the canal. City Administrator, Ott Dameron remarked that he was sympathetic to her plea for a speed bump in front of her home but the City needed to make sure that placement of any traffic slowing device be placed so as to have the maximum effect. Mayor Ellertson commented “some streets were made for vehicular traffic, but that does not give them license to speed.” Mrs. Hardman commented that although she knew that 400 East would have some traffic, she was unaware that it would be as much as it is. Councilmember Dain agreed that, as a resident located on 400 East, he was surprised at the volume of traffic, and suggested that 1200 East another collector road will help to alleviate some of the volume as the east side is developed and the road is finished.
Mrs. Hardman questioned if the Council was aware of the feelings of Pleasant Grove in regards to their willingness to help alleviate the traffic problem for 400 East. Mayor Ellertson commented that in the regular coordination meetings between Lindon and Pleasant Grove this topic has been discussed, and he stated that dialogue is continuing with Pleasant Grove in regards to this matter.
Mrs. Hardman asked the Council if they would consider changing the placement of the proposed “traffic circle?” Councilmember Dain said “yes but visibility was an issue because the traffic enters Lindon as it is coming over a hill.” He agreed that it might be better to slow the traffic at an earlier point on the hill, but the city traffic engineer’s study would make a recommendation.
After discussion, the Council told Mrs. Hardman that staff would look into the possibility of placing the traffic circle further to the North. Mrs. Hardman thanked the Mayor and Council for considering this problem.
MAYOR’S REPORT
Mayor Ellertson recognized and welcomed Utah County Commissioner Jerry Grover. Mayor Ellertson stated that he would be relinquishing his time allotment for Mayoral comments to Commissioner Grover, and then invited Commissioner Grover to approach the council.
Commissioner Grover stated that he was present for this evening’s presentation so as to make himself available to the councilmembers for any questions they might have regarding the Utah County Commission. He stated that this is a “goodwill visit” and that the Commission is in the process of making such visits to all 23 municipalities that have common boundaries with the County.
Mayor Ellertson commended Commissioner Grover and the Utah County Commission’s efforts. Councilmember Dain began the discussion by asking Commissioner Grover about the status of the “Restaurant Tax.” Commissioner Grover explained that the Commission is currently involved in a series of discussions relating to the tax and the possible inequities of distribution to the municipalities. He also said the bond, which uses this tax for payments, still has eight years to go. He referred to a recent Utah Supreme Court decision which effectively prohibits sharing this revenue with cities as has been done in the past. This “excess revenue” will be held in escrow for earlier payment of the bond.
Councilmember Hatch questioned Commissioner Grover about the potential for a trail encompassing the Utah Lake. Commissioner Grover stated that the County has currently completed the Indian Fort Bridge portion of the trail and that the County is continuing to meet its goal of preparing either a gravel or paved surface for a specific number of miles each year. Commissioner Grover explained that most of the trail system on the East side of the lake is progressing on schedule with the exception of the portion that runs through the town of Vineyard. The Commission is currently working with representatives of Vineyard to find a solution. The problem, Commissioner Grover stated, is that Vineyard currently does not have an Ordinance allowing for a trail in the area needed.
Mayor Ellertson then stated that he wanted to take this opportunity to make the Commission aware of the recent acquisition by Lindon City of land bordering the lake that is on the North border of Vineyard and ends at the Solid Waste District on the North. Commissioner Grover stated that this was a positive for everyone. Mayor Ellertson informed Commissioner Grover that the City is currently working on developing a trail system that will run East from this location to the Great Western, Bonneville Shoreline and Murdock Canal trails. He appealed to the County Commissioners for help their support with regaining gaining access to the Murdock Canal for a trail. at this time. The canal company has recently placed barricades and fences up to prevent any traffic on the trail. Commissioner Grover agreed that the County appears to have a very good relationship with the canal company and he suggested that he would look into what help the Commission might be in resolving the matter.
Mayor Ellertson then asked Commissioner Grover about a Public Safety Fire Survey the County was involved with. Commissioner Grover responded that the surrounding cities have given input and information on topics ranging from equipment to response time and including the possibility of creating a cooperative district. Commissioner Grover stated that the Commission’s purpose it to provide recommendations to municipalities in regards to the idea of creating a cooperative district.
Commissioner Grover then made a point of letting the Council know that in his opinion Councilmember Hatch is the one of the most outstanding members on the Solid Waste District Board of Directors and is serving as chairman for this year.
Mayor Ellertson and the Council thanked Commissioner Grover for having answered their questions and for his work as a County Commissioner.
BUSINESS
COUNCILMEMBER DAIN MOVED TO OPEN TWO PUBLIC HEARINGS 1) THE RELIEF PETITION REQUEST BY HELEN HARPER AND 2) THE PROPOSED ORDINANCE AMENDMENTS. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
1. Public Hearing - Relief Petition. Helen Harper is requesting Lindon City accept Pleasant Grove Water Company shares in lieu of the required water shares as shown in the Lindon City Fee Schedule.
Mayor Ellertson asked the City Administrator, Ott Dameron, to present this item as the Planning Director Kevin Smith was unable to attend the evening’s meeting.
Mr. Dameron began by reciting the history of the problem. The Harpers subdivided their property in the late 1970's (Manzana Acres, 18 lots) and at that time did not turn in any water shares to the City. Mrs. Harper now would like to finish the project which consists of three improved vacant lots and five unimproved vacant lots, but only has Pleasant Grove water shares which the City no longer accepts. She asks that the City consider the application and grant her relief by allowing her to turn in her Pleasant Grove water shares.
As the Planning Commission, in a previous meeting, reviewed Mrs. Harper’s Relief Petition with her, it became evident that Mrs. Harper had some North Union water as well as P.G. Shares. The Planning Commission felt that Lindon could accept the Pleasant Grove Water only after Ms. Harper turned in all of her North Union Water. The Planning Commission recommended approval to the Council of the request by Helen Harper, thereby allowing her to turn in Pleasant Grove Water shares in lieu of the required water shares and recommend approval to the City Council with the following conditions; 1) That Mrs. Harper turn in her 1 ½ shares of North Union Water first. 2) That she be allowed to turn in Pleasant Grove Water at the original rate of 1 1/3 shares per acre which would equate to 3.6 shares. Mr. Dameron explained that following the Planning Commission meeting, Planning Director Kevin Smith discovered that there had not been enough water turned in on Mrs. Harpers property where she resides. Mrs. Harper states that surveyor Don Allen is making the final adjustments to a survey he performed last year on her property that would possibly contain more accurate information about the lot size.
Mayor Ellertson was concerned about the possibility of exchanging the Pleasant Grove shares for North Union Water Shares with Pleasant Grove City. Mr. Dameron was convinced that this could be accomplished. The Mayor asked for public comment. There was none.
After further discussion, COUNCILMEMBER DAIN MOVED TO GRANT THE RELIEF PETITION BY HELEN HARPER TO ACCEPT PLEASANT GROVE WATER SHARES IN LIEU OF THE REQUIRED SHARES FOR THE REMAINING UNDEVELOPED LOTS IN MANZANA ACRES AS PER THE LINDON CITY FEE SCHEDULE WITH THE FOLLOWING CONDITIONS; 1) THAT MRS. HARPER TURN IN HER 1 ½ SHARES OF NORTH UNION WATER FIRST. 2) THAT SHE BE ALLOWED TO TURN IN PLEASANT GROVE WATER AT THE ORIGINAL RATE OF 1 1/3 SHARES PER ACRE WHICH WOULD EQUATE TO 3 .6 SHARES. COUNCILMEMBER BAYLESS SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
2. PUBLIC HEARING - Ordinance Amendment - This is a proposal to amend sections 17.08.010 , 040 , 060 of the Lindon City Code - Planning Commission - pertaining to membership, appointment of a chairperson, and compensation. These sections are antiquated and do not reflect current policy.
Mayor Ellertson invited Mr. Dameron to present this item to the Council. Mr. Dameron described to the Council the recommendation of the Planning Commission. The Planning Commission recommended changing section 17.08.010 to reflect seven members instead of eight, changing wording to refer to “appointed members,” and deleting the reference to a councilmember being an “ex-officio” member of the Planning Commission. Section 17.08.020 would reflect the deletion of reference to the “ex-officio” member. Section 17.08.040 would change the wording about compensation. Section 17.08.060 would change the wording with reference to the method of selecting a Planning Commission Chairperson and Vice-Chairperson.
Councilmember Bayless stated that the old ordinances had not been updated as policies and procedures have changed. Mayor Ellertson read sections 17.08.010 , 040 , and 060 of the Lindon City Code. He then questioned the wording of section17.08.040. Mayor Ellertson stated that he would prefer replacing the word “shall” with the word “may” with the Council having the option as to whether or not the Commission would receive compensation. Councilmember Bayless voiced opposition to the word “may” saying she preferred the word “shall” because it conveyed a stronger sense of responsibility on the part of the Council. Discussion followed with the Council members discussing the pros and cons of the words “shall” and “may”. Wording pertaining to the stipend being set by the Planning Commission policies and procedures versus being set by the Council was also discussed.
COUNCILMEMBER DAIN MOVED TO CLOSE THE PUBLIC HEARINGS AT 8:20 P.M.. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED
After further discussion, COUNCILMEMBER BAYLESS MOVED TO APPROVE THE AMENDMENTS TO THE LINDON CITY CODE SECTIONS 17.08.010, 020, 040, AND 060 AS RECOMMENDED BY THE LINDON CITY PLANNING COMMISSION AND CHANGE THE LANGUAGE IN 17.08.040 TO REFLECT THE COUNCIL SETTING THE STIPEND. COUNCILMEMBER DAIN SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
3. Preliminary Plat - Lindon Industrial Center -This is a request for preliminary plat approval for Lindon Industrial Center, Plat “A,” two lots, MG zone, located at 165 South 1200 West.
Mayor Ellertson recognized Craig Brady of Printing Resource and Mr. Marty Barber of Barco Construction who were present to represent this request. The Mayor then asked Mr. Dameron to present this item to the Council. Mr. Dameron explained that this is a request to re-subdivide Westview Industrial Park, Plat “A” lots 1, 2, and 3, and create Lindon Industrial Center Plat “A”, lots 1 and 2. The applicant desires to record a new plat and combine lots 2 and 3 of the previous Westview Industrial Park Plat. This will create a 2-lot subdivision. Lot one of the new plat will remain relatively unchanged and lot two will become larger.
The Planning Commission moved to approve this request for preliminary subdivision approval for Lindon Industrial Center, a 2-lot subdivision and recommended approval to the City Council.
The Council appeared to have few questions and after brief discussion,
COUNCILMEMBER DAIN MOVED TO APPROVE THE PRELIMINARY PLAT FOR LINDON INDUSTRIAL CENTER AS RECOMMENDED BY THE LINDON CITY PLANNING COMMISSION. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
4. Discussion - Reimbursement Request for Address Changes. The City Council approved certain address changes in the vicinity of 300 North from approximately 900 East to 1200 East during the last regular meeting. A request was made by several residents for reimbursement of costs associated with changing their individual addresses. Staff has contacted other cities to obtain their policies regarding reimbursement for required address changes and will present this information to the Council and neighbors.
Mayor Ellertson invited Planning Intern, Judi Masson, to present this item to the Council.
Ms. Masson distributed handouts to the Council that detailed the results of a survey of surrounding municipalities and their policies regarding reimbursement. From her query, Ms. Masson was unable to find a city with a policy for reimbursing residents for costs incurred as a result of changing addresses. She pointed out that Salt Lake City is currently involved with readdressing at this time and they do not reimburse.
Councilmember Acerson asked Ms. Masson about the policies of Orem and Pleasant Grove as those two cities were not listed on her handout. Ms. Masson indicated that she had contacted the Pleasant Grove Post Office and was told that they do not offer any compensation. She also stated that Kevin Smith, Planning Director for Lindon City, had previously worked for Orem and had relayed the information that Orem does not reimburse. The Council asked Ms. Masson to please include this information on her handout so as to make the residents aware that Lindon City Staff had questioned bordering municipalities.
Ms. Masson informed the Council that she had met with the residents of 600 North who may be having their addresses changed in the near future. Mayor Ellertson asked if any of those individuals had inquired about compensation. Ms. Masson stated that it had been brought up in the discussion, but when it was made known that the Post Office will forward mail free of charge for one year the residents seemed satisfied.
After further discussion, COUNCILMEMBER DAIN MOVED TO DENY THE REQUEST BY LINDON CITY RESIDENTS FOR REIMBURSEMENT COSTS ASSOCIATED WITH THE CITY CHANGING ADDRESSES BASED UPON 1) THE INFORMATION PRESENTED THAT CONCLUDES THAT THE CURRENT PRECEDENCE IS THAT CITIES DO NOT REIMBURSE FOR ANY COSTS (INCLUDING LABOR) ASSOCIATED WITH ADDRESS CHANGES, AND ALSO WITH THE UNDERSTANDING THAT PLEASANT GROVE AND OREM BE ADDED TO THE SURVEY. AND 2) THAT THE COUNCIL IS SYMPATHETIC TO THE RESIDENTS BUT HAVE BASED THEIR DECISION ON APPARENTLY LONG-STANDING ACCEPTABLE POLICY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
5. Discussion - Trail Request on 400 West 40 South -Saddle Ridge Estates. The Council has invited Steve Davies, developer of the Saddle Ridge Estates, to discuss the Council’s request for a trail along 400 West adjacent to this development.
Councilmember Bayless began the discussion by thanking Mr. Steve Davies for being present, and apologized for any inconvenience or extended delay the Council may have caused him. Mayor Ellertson explained to Mr. Davies that the Council was concerned about maintaining the trail along 400 West on the East Side of the street adjacent to this project.
The Mayor stated that in recognition of the fact that most of the lots were of the required minimum of 20,000 square feet, the Council was attempting to ascertain if it would be possible to maintain the trail right of way without the developer incurring great expenses or a significant loss of property width.
Mr. Davies replied that he “recalled a different conversation haven having taken place”. He felt that he had not received any further guidance from the Council on the design of a trail. Mr. Davies stated that he had talked with the Public Works Director, Don Peterson and the city Development Review Committee (DRC), on several occasions and was not informed of any problem in relation to the lack of a trail right of way on his site plan.
Mr. Dameron informed the Council that Kevin Smith reported that the requested trail for 400 West was not on the current Lindon City General Plan for Trails.
Mr. Davies explained to the Council that at this point in the process of his application he is experiencing economic burdens due to delay and the costs of engineering plans repeatedly. He continued to say that although he was willing he was reluctant to “get back into negotiation of what kind of bridle path” the Council wanted.
Mayor Ellertson attempted to explain to Mr. Davies that the Council was not necessarily asking Mr. Davies to build the trail but to allow for the preservation of an area for a trail. Mr. Davies explained that he could have realigned lots to allow for a 16 foot trail had he known sooner.
Councilmember Dain stated this was an issue which had been discussed at the “Retreat” and at that time the Council had asked City Engineer Dave Thurgood to bring a “plan & profile” to the Council for review that would address the idea of attempting to accommodate the trail right of way within the planned existing 66-foot road width right of way. Mayor Ellertson felt that in this situation, this particular piece of road will have much more traffic than 200 South between 400 West and 800 West that the Council had discussed previously.
Councilmember Bayless indicated that she and her neighbors who reside in the area were concerned that currently there is much use of the road for equestrian travel and there is a desire to maintain that capability. Mayor Ellertson reminded everyone that the idea for this trail was for a multi-use trail not limited to equestrian. Councilmember Bayless stated that she felt strongly about the need to preserve the trail. She suggested not putting in the sidewalk at this time as the Trails Plan for the Lindon City General Plan is currently under discussion and revision.
After further discussion, Councilmember Dain suggested that it was important to have Mr. Thurgood prepare a “plan and profile” to present to the Council as soon as possible.
Mayor Ellertson again thanked Mr. Davies for his cooperation and patience. Mr. Davies asked about the possibility of recording the plat as designed at this time. Mayor Ellertson responded that he thought Mr. Davies would be able to record the plat soon but that he felt it important to have a discussion with the City Engineer, and then he would contact Mr. Davies.
Councilmember Hatch told Mr. Davies that he had been asked by an adjoining property owner of Mr. Davies’ project about a potential problem with an irrigation ditch. Mr. Davies informed the Council that he is currently discussing the possibilities for the drainage from the irrigation ditch with this neighbor.
Mayor Ellertson again thanked Mr. Davies for his cooperation in this effort to maintain a trail right of way.
6. Discussion - City Parade Float. The Little Miss Lindon organization would like the Council to consider several options relating to the city’s float. Theresa McClellan and Terri Marchbanks will be present to present information to the Council.
Mayor Ellertson and the Council welcomed Theresa McClellan and Terri Marchbanks to the meeting and then thanked them for the hard work the two perform each year in regards to the Little Miss Lindon program. He then asked them to come forward to present their request to the Council.
Ms. McClellan and Ms. Marchbanks explained to the Council there is currently a need for a replacement to the existing “float” used by the Little Miss Lindon Girls. The two brought some suggestions to the Council, their preference being that the City provide a vehicle and a company in Salt Lake called Modern Display could build the float base for approximately $4,000. This option would require the City to locate a vehicle either within its own fleet or through donation or purchase, and the Little Miss Lindon Girls would decorate it as they have done in the past. Mayor Ellertson asked the two if they felt the decorating of the float was a valuable experience for the girls. Both replied “yes” saying that the girls learn the principle of service in doing so. They acknowledged that it is a very time consuming process but is enjoyed by all. They also reiterated that there is a time element involved in that the company, Modern Display, is very busy at this time of year. And if the float is to be ready for parades this summer they will need to have the vehicle by next week.
The Council discussed options regarding procurement of such a vehicle and agreed that this appeared to be the best option if they are able to meet the time deadline.
After further discussion COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY THERESA MCLELLAN AND TERRI MARCHBANKS FOR THE LITTLE MISS LINDON FLOAT BODY TO BE BUILT BY MODERN DISPLAY AND DECORATED BY THE LITTLE MISS LINDON ROYALTY WITH THE CONDITION THAT THE CITY BE ABLE TO LOCATE A PROPER VEHICLE. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
The Mayor and Council again thanked the two for their tireless efforts with the Little Miss Lindon Program.
7. Executive Session - To Discuss the Imminent Threat of Litigation
COUNCILMEMBER DAIN MOVED TO CONVENE AT 9:15 P.M. THE SCHEDULED EXECUTIVE SESSION. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
At 10:43 P.M., COUNCILMEMBER DAIN MOVED TO RECONVENE THE REGULARLY SCHEDULED CITY COUNCIL MEETING. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
8. Re-Hearing - Hillside Ordinance Amendments. The Council acted to amend the Hillside Ordinance and other references to “stories” on buildings within the city during its meeting of March 21, 2000. Cannberra Development Company has requested that the Council revisit these amendments with regards to height of buildings and the method of measurement of the established height.
Mayor Ellertson explained that the Council was concerned and interested in furthering the current policy goals of building homes that were non-obtrusive and would not detract from the view of the Lindon Hillside. He acknowledged that the current ordinance was a work in progress and does not address everything that will need to be addressed in the future. He stated that the Council wished to clarify the maximum building height as per the revision voted upon in the March 21, 2000 Council meeting. Again he stated that this was a work in progress and issues in regards to “stepping” and “slope line” still exist.
Mayor Ellertson stated that there is currently a building permit that has been requested that does not meet the desires and goals of the Council and residents.
Mayor Ellertson then stated that the Council wishes to clarify the “building height” defined as the average vertical distance measured at the four corners of the main building. The “average vertical distance” is computed by measuring from the finished grade of the structure at each of the four corners to the midpoint of the roof structure. The “midpoint of the roof structure” is computed by adding the height at the top plate on the top floor to the highest point of the roof structure and dividing by two.
Mr. Dameron clarified that the distance from finished grade to the midpoint of the roof will have a maximum allowable height of 30 feet.
Mayor Ellertson also mentioned that the maximum height in the other zones in the city will remain at 35 feet.
At this time, COUNCILMEMBER ACERSON MOVED TO APPROVE THE AMENDMENT OF THE LAND USE CODE AND HILLSIDE PROTECTION ORDINANCE PROVISIONS RELATING TO BUILDING HEIGHT AND LIMITATIONS AND EXTERIOR BUILDING DESIGN STANDARDS TO READ AS FOLLOWS, (THE LANGUAGE OF THE DRAFT ORDINANCE WAS INCLUDED IN THE MOTION.)
1) SECTION 17.02.010 (26) IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
26. “BUILDING HEIGHT” MEANS THE AVERAGE VERTICAL DISTANCE MEASURED AT THE FOUR CORNERS OF THE MAIN BUILDING. THE “AVERAGE VERTICAL DISTANCE” IS COMPUTED BY MEASURING FROM THE FINISHED GRADE OF THE STRUCTURE AT EACH OF THE FOUR CORNERS TO THE MIDPOINT OF THE ROOF STRUCTURE. THE “MIDPOINT OF THE ROOF STRUCTURE” IS COMPUTED BY ADDING THE HEIGHT AT THE TOP PLATE ON THE TOP FLOOR TO THE HIGHEST POINT OF THE ROOF STRUCTURE AND DIVIDING BY TWO.
2) SECTION 17.44.110 IS AMENDED AS FOLLOWS:
17.44.110 HEIGHT
THE MAXIMUM BUILDING HEIGHT FOR ALL BUILDINGS AND STRUCTURES IN DISTRICTS REGULATED BY THIS CHAPTER SHALL BE: R1-20 MAXIMUM HEIGHT 35 FEET R1-12 MAXIMUM HEIGHT 35 FEET.
3) SECTION 17.57.160 IS AMENDED TO READ AS FOLLOWS:
17.57.160 BUILDING HEIGHT
1. NO BUILDING OR STRUCTURE IN THE HILLSIDE PROTECTION ZONE SHALL BE ERECTED TO A BUILDING HEIGHT GREATER THAN 30 FEET, AND NO DWELLING STRUCTURE SHALL BE ERECTED TO A HEIGHT LESS THAN ONE STORY.
2. TO ACHIEVE THE ABOVE OBJECTIVE, SINGLE FAMILY RESIDENCES CONSTRUCTED ON HILLSIDES SHOULD STEP DOWN THE HILLSIDE RATHER THAN REGRADING THE HILLSIDE INTO A FLAT SITE. A SIMPLE BOX FORM WILL STAND OUT FROM THE NATURAL, COMPLEX UNDULATION OF HILLSIDES MORE THAT BUILDING FORM THAT IS BROKEN INTO SMALLER ELEMENTS. A BUILDING CAN BE BROKEN UP BY RAISING AND LOWERING THE ROOF LINE, VARYING THE FACE OF THE BUILDING ( NOT JUST SINGLE STRAIGHT PLANE), ADDING BALCONIES AND OVERHANGS, ETC. THESE ELEMENTS CREATE SHADOW PATTERNS THAT ARE SIMILAR TO SHADOWS CAST BY ROCKS, TREES AND CLIFFS ON HILLSIDES AND TEND TO LESSEN THE APPARENT SIZE OF THE BUILDING.
3. TO THE MAXIMUM EXTENT FEASIBLE, BUILDINGS SHALL BE SITED IN LOCATIONS THAT ARE SYMPATHETIC TO EXISTING CONTOURS RATHER THAN THOSE THAT REQUIRE A BUILDING SOLUTION THAT WOULD DOMINATE THE SITE. BUILDINGS SHALL BE DESIGNED TO FOLLOW NATURAL CONTOURS RATHER THAN MODIFYING THE LAND TO ACCEPT A BUILDING DESIGN NOT TAILORED TO THE SITE.
4) 17.57.165 EXTERIOR BUILDING DESIGN
EXTERIOR BUILDING DESIGN STANDARDS SHALL BE AS FOLLOWS:
A. INDIGENOUS MATERIAL AND COLORS SHALL BE USED IN ORDER TO MIMIC NATURAL TEXTURES
B. TO THE MAXIMUM EXTENT FEASIBLE, PREDOMINATE TONES ON EXTERIOR WALLS SHALL TEND TOWARD NEUTRAL COLORS SUCH AS THE WARM, EARTHY HUES, DARK GREEN OF FOREST, GRAYS AND GRAY-BROWN OF THE MOUNTAIN, THE TAN OF GRASSES AND SIMILAR COLORS. BRIGHT HARSHLY CONTRASTING COLOR COMBINATIONS SHALL BE AVOIDED.
C. THE COLOR OF ROOF SURFACING MATERIALS SHALL BE EITHER BROWN, GRAY, OR ANOTHER COLOR THAT BLENDS IN WITH THE SURROUNDING LANDSCAPE.
D. WOOD ROOFING SHINGLES SHALL NOT BE ALLOWED IN THE CANYONS OR FOOTHILLS BECAUSE OF THEIR POTENTIAL TO IGNITE DURING WILDFIRES.
COUNCILMEMBER DAIN SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
9. Review and Action - Sewer Utility Charges from Orem and Sewer Rates Staff has been notified of an increase in the sewer treatment charges from Orem City. This will necessitate a pass through increase in sewer rates for Lindon residents, whether now or at the budget public hearings. In conjunction with this change, staff has investigated the possibility of lowering the monthly base rate and increasing the per 1,000 gallon charge for sewer. Staff will present the options at the meeting.
Mayor Ellertson recognized Lindon City Treasurer, Kristen Colson, and asked that she come forward to address the Council and present the staff recommendations. Ms. Colson explained to the Council that staff would like the Council to address 3 specific items in regards to sewer charges.
1. Decide the rate which Lindon City should pay Orem City for treatment of waste water for the remainder of the 1999-2000 fiscal year.
2. Decide how to fund payment of Orem City’s rate increase in waste water treatment.
3. Discuss possible sewer rate changes for Lindon City residents.
In regards to the first item, Ms. Colson explained to the Council that as outlined in a letter from herself to the Council, Lindon City had not had a rate increase for Sewer Treatment charges from Orem City for approximately five years. Although the rate had increased, Orem had not until recently passed the charges on to Lindon City. The agreement between the cities stipulates that “settlement” or “reconciliation” changes occur annually.
Staff had not recognized this until a recent review showed that Lindon City had made payment for service at the higher rate. When Orem City was contacted, it was explained to staff that the rate had indeed changed and would be higher from this point on. Ms. Colson then explained to the Council that the question now arises as to whether or not Lindon City should continue to make the higher payments until settlement time at the end of the fiscal year, or continue paying the lesser amount and have a much higher settlement in the end.
The Council discussed the merits of making the larger payments now so as to not have such an excessive debt at settlement time. Mayor Ellertson asked about the amount of funds available in the Sewer Fund. Ms. Colson responded that there is approximately $200,000 in cash available from reserves.
After further discussion, COUNCILMEMBER DAIN MOVED TO APPROVE THE STAFF’S RECOMMENDATION TO CONTINUE PAYING THE HIGHER RATE FROM THIS DATE FORWARD. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION PASSED.
Ms. Colson then addressed the Council about the matter of how and when to pass the increase on to residents. Staff recommends paying the increase out of the fund balance and begin charging the increased rate with the new fiscal year when the Lindon City Fee Schedule is updated. Mayor Ellertson asked Mr. Dameron if the Council would need to put in a contingency to replace the additional costs incurred by the Sewer Fund. Mr. Dameron responded that the Sewer Fund reserves had increased over the past years to cover such a situation and that he felt the account balance was sufficient to cover the additional costs and still provide for the availability of emergency funds.
After further discussion, COUNCILMEMBER BAYLESS MOVED TO APPROVE THE RECOMMENDATION OF THE STAFF TO CONTINUE TO CHARGE RESIDENTS THE SAME SEWER RATES FOR THE REMAINDER OF THE FISCAL YEAR WITH THE IDEA THAT RATES CHARGED TO THE RESIDENTS WOULD INCREASE WITH THE NEW FISCAL YEAR TO REFLECT THE RATE INCREASE LINDON CITY IS CURRENTLY BEING CHARGED FOR SERVICES RENDERED BY OREM CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
Ms. Colson then reviewed item number three as is outlined in the aforementioned letter. Councilmember Bayless asked Ms. Colson if she knew the average amount that the average home pays in excess of the base rate. Councilmember Dain asked if it was possible for elderly couples to pay a base rate only and lessen their financial responsibility. Mayor Ellertson remarked that this could possibly be viewed as an incentive to conserve.
Mr. Dameron reminded the Council that this item is for information only at this time. A brief discussion followed in respect to the idea that it is important to make the residents aware that Lindon City has had the benefit of not having been billed for the increased rates and charges until long after the actual increase. This item will be discussed in the Budget Work Sessions and Budget Public Hearings.
10. Discussion - Utility Services to West Side The Council has approved an agreement with American Fork City for a temporary utility connection to a parcel of property on the far northwest corner of the city. American Fork City has not yet approved the connection. The owner of the parcel is requesting the city consider allowing a building permit to be issued while the utility connections are being resolved.
Mayor Ellertson recognized the property owner and his father, Scott and Mike Anderson respectively. The Mayor explained that he had asked for this item to be placed on the agenda so as try and find a manner in which the Council could aid Mr. Anderson in his dilemma, while the two cities attempt to come to an agreement on the utilities issue. Mayor Ellertson advised the Council that he had attended a meeting recently with the American Fork City Council wherein the Council tabled the item for further discussion. Mayor Ellertson is presently waiting for more information from Mayor Barratt of American Fork. But as of today had yet to hear anything. He continued to say that Mr. Scott Anderson is under a stringent time line in regards to the construction loan for his project, and that he wanted the Council to consider any options that might be available to help Mr. Anderson.
Councilmember Dain stated that there were some possible options and listed them as the following.
1. American Fork to provide service
2. Lindon City to extend service lines to this parcel.
3. Scott Anderson place a well and septic tank on his property for water and sewer services temporarily until they are available from Lindon City.
4. De-annex to American Fork.
Discussion was held concerning option 3. It seems that due to the high water table in the area it is not possible to place a septic tank below ground at the appropriate level. It was also noted that the Utah County Health Department was requiring a public well and the Andersons do not own enough rights at this time to qualify as a public well. Discussion followed as to what currently is the situation on neighboring property occupied by Barnes Bullets.
Mayor Ellertson commented that American Fork appears to want the property annexed into their city but this is not the desire of the property owner or Lindon City.
The father of the applicant Mike Anderson, pleaded to the Council that his son is offering to pay for a significant portion of the costs up front for option #2 and be reimbursed by other developers later but he needed to start construction now and not wait. The Council discussed the cost of such an idea and determined that the funds were not currently available. Mr. Dameron recommended against the idea of the city borrowing to cover the costs.
Mayor Ellertson asked the City Attorney Gordon Duval, to address the legality of the City Council issuing a building permit. Mr. Duval passed out copies of the Lindon City Code and the Uniform Building Code(UBC). It was the opinion of Mr. Duval that the UBC might allow for special provisions, but that the Lindon City Code section 17.04.280 prohibits this. He stated that there is nothing in the current code that allows for temporary allowance on the permit issuance in regards to insufficient compliance with the water and sewer requirements.
After further discussion, it was decided that the best possible options might include the following.
1. Staff will look into the possibility of offering to American Fork the possibility of each city providing services to adjacent land North and South of 6400 North, thereby preventing duplication of lines for the entire length of the boundary.
2. Mr. Anderson will look into the possibility of temporarily connecting into the services at Barnes Bulletts and the possibility of renting a well from the owner of the property.
3. Mr. Dameron will contact the County Health Department to see if the city can help Mr. Anderson in any way.
Councilmember Dain told the applicant that the Council recognizes the urgency of the matter and will work diligently to help him resolve the problem. He thanked both Mr. Andersons for their patience and cooperation.
COUNCIL REPORTS
WATER, GENERAL PLAN, BLDG. INSPECTION, ENGINEERING
Councilmember Dain reported that
1. A tentative date of May 10th is scheduled for the first meeting of the General Plan Committee.
2. The gates appear to be open on the Murdock Canal and he was interested in the web site that is currently displaying comments from the community in opposition to the closing of the canal road.
3. Ivan Walker is in the process of putting up a required fence.
Councilmember Dain concluded that he was happy with the progress of the Lindon City Entry Sign and the upcoming construction of the Creekside park restrooms.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch had nothing to report to the Council.
TRAILS, PLANNING , ZONING, BD OF ADJUSTMENTS, AND ADMINISTRATION
Councilmember Bayless had nothing to report to the Council.
STREETS, SIDEWALKS, PUBLIC SAFETY, AND COURT
Councilmember Bath was excused from the evening’s meeting.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that the annual Easter Egg Hunt will take place this coming Saturday, April, 22, 2000 in the Lindon City Park. Mr. Acerson stated that he had heard from residents on the East side expressing concerns about public safety and the proposed park on 835 East. The Council collectively agreed that this item would best be addressed at the upcoming Open House scheduled for May 11, 2000. Mr. Acerson concluded with information that the Character Connection will soon be forwarding an invoice to the City for funding in the amount of $1,000.00.
ADMINISTRATOR’S REPORT
1. The Staff will bring a tentative budget to the Council for review on May 2nd.
2. The upcoming Easter Egg hunt is scheduled for 9:00 a.m. Saturday.
3. 2nd annual Employee benefit fair will take place Thursday at 3 P.M..
4. Utah Geological Association will be presenting on Tuesday, April 25, 2000 at 7:00 p.m.
5. The Lindon - Pleasant Grove coordination meeting is scheduled for Thursday, April, 27, 2000.
6. At a recent Utah League of Cities and Towns Conference Mr. Dameron had been made aware of a city (Ephraim) that had recently participated in providing land for affordable housing. Mr. Dameron suggested that with the recent acquisition of property on 400 North, the City might want to look into the options of doing something similar. The Council agreed that this was an issue for further investigation.
7. The Pioneer Park project is progressing well with grading nearly completed and the walking path outlined.
8. Mr. Dameron then presented to the Council a request by the Chief Building Official, Phil Brown, to approve the expenses related to a particular out-of state training he would like to attend. Mr. Dameron noted that current policy dictates that the Council approve any funds for training out-of-state. As more training is needed, more requests for out-of-state training will be seen. He further explained that funds are currently available in the current Building Department training budget. The Council discussed the merits of the proposed training. After discussion, COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY PHIL BROWN FOR THE USE OF FUNDS FOR OUT OF STATE TRAINING. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
Mayor Ellertson discussed with the Council information he had recently been made aware of;
1. In regards to the possibility of Lindon City being asked to participate in funding to expand the animal shelters’ ability to provide low- cost spay and neuter programs for Utah County. One way to raise the funds, the Mayor suggested, would be to increase the fees the city currently charges for dog licenses.
2. The cultural arts facility in Lehi continues to be an ongoing process.
3. UVSC recently conducted a survey dealing with possible solutions to the growth potential for the school.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER HATCH SECONDED THE MOTION. VOTING WAS UNANIMOUS IN THE AFFIRMATIVE WITH ONE ABSENT. THE MOTION CARRIED.
COUNCILMEMBER ACERSON MOVED TO ADJOURN THE MEETING AT 12:35 A.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL WERE IN FAVOR WITH ONE ABSENT. THE MOTION CARRIED.
APPROVED - May 16, 2000
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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