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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2002 Council Minutes » April 2, 2002
April 2, 2002
The Lindon City Council held a regularly scheduled meeting, beginning with a Work Session at 6:00 P.M. on Tuesday, April 2, 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
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk
ABSENT
Jeff Acerson, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Kevin Smith, Planning Director
The Meeting began at 6:20 P.M.
WORK SESSION
The Mayor and Council will meet in a work session with the Public Works Director and the City Engineer to discuss capital improvement plans and budgetary concerns for fiscal year 2002-2003.
Public Works Director Don Peterson distributed Capital Facilities Plan updates for the Storm Drainage System and the Street System. He directed attention to the Storm Drain System Capital Facilities Plan and informed the Councilmembers present that the shaded projects are completed. The projects that are slated for this fiscal year are SD01 and SD02. These are 200 North from 200 East to 400 East, 400 North from 400 East to 550 East up to the North Union Canal, and 400 North to 520 North on 400 East to the North Union Canal.
Mr. Peterson commented that for next year, the project he would like to do is the main drain channel acquisition and improvements. This is the channel that flows through Creekside Park. Mr. Peterson would like to improve the channel to provide more lineal detention and add a concrete bottom for easier maintenance. Councilmember Bayless asked how far north Mr. Peterson would like to take the improvements. Mr. Peterson replied that he would eventually like to take the improvement to the north border with Pleasant Grove. He told of the improvements needed in the Cambridge Farms area and around State Street near the dentist’s office and the bowling alley. Mr. Dameron observed that this would be a three-year project with property owner cooperation.
Mayor Ellertson commented that this channel serves communities to the north of Lindon and asked if these communities were included in the plans and terms of the improvements. Mr. Dave Thurgood, City Engineer, agreed that Lindon is on the receiving end of the storm water generated by the northern communities of Pleasant Grove and Cedar Hills. He commented that these communities have agreed to reimburse Lindon City based on the proportionate flow and capacity costs. Mayor Ellertson asked if the channel between Creekside Park and 200 South was completed. Mr. Thurgood replied that it is complete. Some of this area is piped and some is linear detention.
Mr. Peterson directed attention to the Street Capital Improvements Plan. He informed the Council that there is remaining money in this fiscal year to improve 60 North in the Wheeler Circle area. He also plans this year to resurface 140 North near Brown’s Homestead and 750 East from 400 North to Mark Roger’s home. Next fiscal year’s projects include 300 West from 40 South to 100 South. That will include curb and gutter on the west side near the line of power poles. Also next year, Main Street from 400 North to State Street and 200 East from 400 North to 800 North is slated for resurfacing and 200 East from 400 North to 800 North.
Mayor Ellertson asked if there would be an advantage to offering for bid the remaining projects this year and the projected projects for next fiscal year in one package. Mr. Peterson noted that the Main Street bid itself will equal the five slated for the remainder of this year. Mr. Dameron suggested that he felt it was better to draw a line between the fiscal years. Mayor Ellertson asked if there would be any benefit in cost. Mr. Dameron replied no. Councilmember Bayless asked if the realignment of Main Street would be included in this project. Mr. Thurgood replied that it would be nice to do this all at once. Mr. Peterson agreed that this would be looked into.
Mr. Peterson reported on the progress of the culinary water project on the west side. Mayor Ellertson asked for a completion date. Mr. Peterson said that his guess would be three weeks until the testing of the lines. Mr. Thurgood considered this estimate optimistic. Mr. Peterson agreed and added that it be longer if you consider the road improvements. There was a short discussion of the road resurfacing. Mr. Peterson suggested a double chip seal to help hold the surface until the I-15 off ramp is finished and any changes to the roads determined.
Mr. Peterson reported that other culinary water projects to complete this year are Main Street from 400 North to 800 North, and a pressurization station pressure reducing station on 400 South near the Home Depot. Mr. Thurgood reported that the pressurization station pressure reducing station at 200 South was completed.
Mayor Ellertson asked if the culinary line north of 600 North on Main Street would be on the side of the street that is school district property. He noted that Lindon has had discussion with Pleasant Grove is planning an extension of the park of a possible joint park. Mr. Thurgood replied that there is a right-of-way there that is presently occupied by the secondary system.
Mr. Peterson reported that there were several culinary water projects to look at for next year. He observed that some looping was needed in the 400 North 400 West area and that some upsizing may be needed near Strawberry Estates. He added that there was nothing new unless development starts on the west side. Mr. Dameron commented that there were some improvements planned in each of the parks for each year. Mr. Peterson noted that there would be a restroom and two pavilions added to the Pioneer Park this year. Hollow Park would be shaped and some preliminary dirt work started. Mayor Ellertson commented that he appreciated Mr. Peterson’s efforts to control the dust in the Hollow Park area. The Hollow Park Housing project was discussed briefly. Mayor Ellertson thanked Mr. Peterson and he left at 6:50 p.m.
Mayor Ellertson commented that it looked like another busy year. Mr. Dameron commented that the connection to Alpine Reach 3 was finished but not used yet. The final agreement with the CUP was on the agenda for later. Mr. Dameron discussed the plans for delivery of secondary water this year. He added that the North Union pump station is now a backup system. Mayor Ellertson thanked Mr. Thurgood.
REGULAR SESSION
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Larry A. Ellertson
Invocation: Lindsey Bayless
PRESENT ABSENT
Larry A. Ellertson, Mayor Jerald I. Hatch, Councilmember
Jeff Acerson, Councilmember (arrived 10:10p.m.) Kevin Smith, Planning Director
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember (arrived 8:15p.m.)
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk
The Meeting began at 7:14 P.M.
MINUTES
Review of the Minutes of the meeting of March 19, 2002.
The Minutes of the meeting of March 19, 2002 were held until a quorum was present.
OPEN SESSION - Citizens comments
Mr. Mike Mark Walker told the Council that storm water near his home on 210 North 200 East was creating erosion and damage to his property. Mayor Ellertson told him that the storm water in this area was slated for improvements this spring. He asked Mr. Walker to coordinate with Mr. Peterson.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson encouraged residents of Lindon to conserve water this year. He also asked for citizen involvement in a public meeting to be held on April 11 on transportation issues for the I-15 corridor. This was discussed with members of the press and the public. Mayor Ellertson apologized for the wait delay in the start of the Council meeting because there was not a quorum present yet. Councilmember Hatch was excused.
CONSENT AGENDA - No Items
CURRENT BUSINESS
1. Discussion and Action - Alignment of 700 North Street from State Street to Geneva Road. This is a staff request for Council action to approve an alignment of the proposed 700 North Street from State Street to Geneva Road. Members of the staff have met twice with the property owners along this area to try to get an agreement between them on a fair and equitable alignment of this new street. This attempt has been unsuccessful. Mark Christensen, engineer for current development, will present several options for the Council to consider.
It was decided that discussion could be held begin but no action taken on this item until Councilmember Dain arrived to make a quorum. Mayor Ellertson asked City Engineer Mark Christensen to address the proposed alignments of 700 North from State Street to Geneva Road. He informed the Council that he and other members of staff had met with many of the property owners adjacent to or nearly adjacent to the future 700 North Street for guidance on the actual alignment. There had been no agreement to date, so it was decided to bring the issue to the City Council to hear the issues and seek some direction.
Mr. Christensen informed the City Council that this would be the most significant street improvement decision in Lindon in the last 50 years. He observed that the functional classification of this street and the design speed are the most important issues to consider. He explained the hierarchy of street classification from driveways to interstate freeways. Mr. Christensen noted that the future 700 North is classified as an arterial street similar to State Street and Geneva Road. Arterials are five lanes wide, and have limited access and higher speeds.
Mr. Christensen expressed his opinion that operating speeds on 700 North should be 40 to 50 miles per hour. He explained that design speeds are generally 10 miles per hour more than anticipated operating speeds because of safety factors. Councilmember Bayless questioned the invitation that presents to vehicle operators for faster driving habits. Mr. Christensen explained that the operating speed or posted speed is based on what 85% of the vehicles are going. Those that are faster should still be safe to a certain limit. He added that access to the land adjoining the street creates friction. Collectors are a historical problem because they have developed over time and are traditionally lined with homes. Councilmember Bayless observed that 700 North will have homes on it also. Mr. Christensen replied that State Street is an arterial street and there are homes on it also as well. The difficulty arises in limiting the access to minimize this friction.
Councilmember Bath pointed out that 1300 South and Center Street in Orem are excellent examples of efforts to limit the access as these streets have developed into arterial classification. Mr. Christensen agreed and informed the Council that preliminary estimates of the numbers of vehicles that will use 700 North per day fall into the 17,000 to 23,000 range.
Mr. Dan Fugal apologized for interrupting, but he had another meeting at 8:00 p.m. that he was scheduled to attend. He informed the Council that the property owners had reached an agreement since the last meeting with the City representatives. He verified that the City required a 102-foot right-of-way for 700 North. He volunteered the information that the Fugals will give up 60 feet on their side of the centerline of 700 North and the Melendez’s and Ewell’s have agreed to give up 42 feet on their side of the centerline. He requested a compromise in return of a tighter radius to the north as the street curves from State Street. Mayor Ellertson verified the location of each property owner mentioned. Mr. Fugal informed the Council that the Melendez’s would request like two accesses if possible. He observed that this alignment would fit better across Geneva Road onto the Blackhurst property also.
Mayor Ellertson asked how this alignment appears in relation to the existing fences. Mr. Fugal replied that the right-of-way would start 6-feet south of his south fence line because he owns 66-feet south of that fence to the Melendez property. Mr. Christensen agreed with this assessment. Mayor Ellertson asked if this alignment was possibly enough south to not leave a remnant of the Blackhurst property on the south side of 700 North west of Geneva Road. Mr. Fugal replied that he believes this will help. He added that Mr. Ivan Walker has some additional concerns that need addressing but the remaining property owners have agreed on this alignment. Mr. Fugal confirmed with Mayor Ellertson that, in return for the dedication of the right-of-way, the City will construct three lanes–one each way and a center turning lane–and install water, sewer and secondary water lines. Mr. Dameron observed that there would be development agreements with the landowners to this effect. Mr. Fugal left at 7:57 p.m.
Mr. Ivan Walker asked why a ten-foot parking landscaping strip on both sides of the road was needed with the water problems the Wasatch Front is experiencing. He commented that this is a lot of landscaping to irrigate and water. He added that he likes it, but feels that being more conservative would be better. Mayor Ellertson replied that the requirement has to do with the size of a road. Mr. Walker noted that State Street does not have it. Mr. Christensen replied that the landscaping requirement is a bigger issue than 700 North street. He explained that all commercial corridors require 20 feet of landscaping. Mr. Walker asked where it was required. Mr. Christensen replied that it was in the City Code. Mr. Saderup commented that it could be changed then. Mr. Walker observed that the State has eliminated the 10-foot landscaping strip for the time being on State Street, then the road will be widened later. Mayor Ellertson replied that 700 North will be developed only as needed. It will continue to be used by the property owner if they desire until further development occurs. All that is required now is the dedication. He noted that the issue at hand is the alignment of the street. The specific details of design and landscaping can be addressed later. Mrs. Ewell verified that all fences taken down will be put back. Mayor Ellertson agreed.
Mr. Laramie Merritt, legal representative for the Melendez family, commented that his clients are receiving proportionately the least of the property owners because they already have access and use of their parcel. In fact, they have the use of it to capacity. He suggested that one way that would help compensate them for the loss of 42-feet and still allow them to turn their vehicles is to put an approach access on the west end and one on the east end of their property that borders 700 North Street. This will allow their trucks to make a figure eight turn on their property. Mayor Ellertson asked if an additional access on Geneva would be suitable. This was discussed and declared a possibility. Mr. Merritt pointed out that there is a storm drain canal on the north border of the Melendez property that will need piping. Mayor Ellertson agreed that there would be a storm drain plan in conjunction with the construction planning of 700 North Street. Mr. Merritt confirmed that his clients were agreeable to the 60-42 division explained by Mr. Fugal.
Mr. Bruce Saderup wondered if any of the proposed plans imply anything on his parcel. Mayor Ellertson pointed out that the intersection on State Street with 800 North/1000 South determined the location of the street there. Mr. Christensen agreed. Mr. Dameron verified with Mr. Saderup that his question was asking if all of the plans will dictate the removal of his home. Mr. Christensen replied yes. Mr. Saderup requested that the curve in 700 North from State Street be designed to be as far south as possible. Mr. Walker asked to show the map of his proposal.
(Councilmember Dain arrived 8:15 p.m.)
Mr. Walker explained that his plan uses the same radius turn as that used in Pleasant Grove Boulevard. The alignment was discussed with Mr. Saderup and Mr. Christensen. Mr. Walker pointed out that this alignment would suit the purposes of both himself and Mr. Fugal better and the Fugals are giving up the majority of the land. Mr. Saderup pointed out that he would be losing the prime corner.
Councilmember Dain recused himself from the discussion. Mayor Ellertson noted that without a quorum, no Council decision could be made and it appeared that the property owners on the east end could not come to an agreement as the Walker/Fugal’s wanted it as far north as possible and Mr. Saderup as far south as possible. Councilmember Bayless mentioned that it was her understanding that there would not be a legal lot left to Mr. Saderup when the easement for the roadway was removed from the parcel. Mr. Saderup contended that it would be very close to ½ acre. Mr. Dameron noted that it had not been surveyed so the amount is not determined.
Mr. Christensen discussed the eventual improvement of 1000 South, PG/800 North, Lindon to tie into 1200East, Lindon/400East, Orem and become a major arterial on the east side. He noted the other consideration of driver expectation. He explained that this is a commercial area and showed the posted limits on other arterials in the north county area. He read from his “Bible” of street design, A Policy on Geometric Design of Highways and Streets, which states that “Speed zones cannot be made to operate if the posted speed is arbitrary.” Mr. Walker pointed out that drivers are not gong 45 when they approach a semaphore. Mr. Christensen agreed. Mr. Dameron confirmed that if a street is posted at 35 mph, it is designed at 45 mph. Mr. Christensen verified this and added that someday 700 North will be continuous from I-15 to 800 North, Lindon/1000 South, PG and 1200 East, Lindon/400 East, Orem. He felt that the design speed should be 50-55 from Pleasant Grove Boulevard to Geneva Road and 45-50 from Geneva Road to State Street. Mayor Ellertson noted the recommendation is 5 mph faster from Geneva Road to the freeway. Mr. Christensen agreed that the speeds gradually decrease from freeways to residential areas. It also does not make sense to post a slower speed to State Street when State Street is 40 mph.
Councilmember Bayless observed that if the design is moved as far north as possible, the curve would make the design speed 35 mph. She commented that if she understands Mr. Christensen’s concerns, he is not comfortable with that design speed. Mr. Christensen agreed.
He explained that speeds may be low now, but in the future the speeds need to be markedly higher and the alignment is easier to design at the correct speeds now. He was not sure why Pleasant Grove Boulevard was designed at 35 mph at State Street, but it may have something to do with the existing gas station and storage units. He suggested that this may create a problem with ice sheeting the curve in the winter.
Mayor Ellertson suggested that the Council, property owners and staff continue to discuss this and see what can be worked out to make a decision between now and the next Council meeting. He noted that if Council action is needed then, the item is continued. There cannot be a motion to that effect because there is not a quorum.
MINUTES
Review of the Minutes of the meeting of March 19, 2002.
The minutes of the regular meeting of March 19, 2002 were reviewed. The following corrections were made:
Page 2, Line 15: Delete the word “will” after the word “lien.”
Page 7, Line 37: Replace the word “placed” with the word “places.”
Page 8, Line 40: Replace the word “commented” with the phrase “expressed his opinion.”
Page 8, Line 43: Replace the word “if” with the word “is.”
Page 13, Line 31,32: Add the phrase “throughout the city” after the word “occur.”
Page 17, Line 16: Add the phrase “and try to work their differences out” after the word “first.”
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 19, 2002 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Discussion - UTOPIA - Consortium of Cities for Installation of Fiber Optic Cable. Mr. John Park, Public Works Director for Orem City will be present to describe this proposed organization to the Council. He will be accompanied by Joel Sybrowsky with Dynamic City, an organization which will complete the preliminary assessments for each founding city. In general, this group of cities will found an organization which will install fiber optic cable throughout member cities’ boundaries directly to residents and businesses, then lease space to other companies to provide services.
Mr. John Park of Orem City and Mr. Nate Taylor, Development Director for Dynamic Cities City, were present to explain the proposal. Mr. Park introduced himself and Mr. Taylor and observed that Mr. Taylor would present the business plan and he would present the interlocal agreement. Mayor Ellertson asked if the Councilmembers had questions before starting. There were none.
Mr. Taylor introduced his presentation by explaining the need for city involvement in bringing services into their communities. He noted that bringing these services to the community involve involves more than the technology. There are other considerations, including public relations, legal, service providers, etc. He talked about the business model as an open service provider network and explained that the City owns member cities will own the infrastructure but is are not the provider. Mr. Parks commented that one advantage of this business model is that the road cuts are done only once. Mr. Taylor added that another advantage is that customers can choose the provider that gives them the best service. This allows competition between service providers, but then implies that the network will be built to accommodate them all, assure quality of service, guarantee security and be easy to maintain. He discussed potential bandwidth needed for future expansion and the comparable costs and time constraints for alternative systems. Mayor Ellertson asked if the costs quoted here cover the installation costs of the network. Mr. Taylor replied yes, the costs were amortized over three years.
Mr. Parks explained that the City will provide the infrastructure through the consortium UTOPIA and will be paid by the provider to use that infrastructure. The money to build the infrastructure will be borrowed from the bond market. Contracts from service providers based on a specific amount for every home serviced will secure the bonds. He said that the advantage to using an interlocal entity to bond is that the obligation is not on the City books member cities’ balance sheets. Other examples of an interlocal entity used to provide a service are the 911 system in Salt Lake County and URMMA, the insurance provider used by the City. He discussed the interlocal agreement and the steps that are agreed to for becoming necessary in order to become a part of UTOPIA.
There was a discussion on existing fiber optic installations and how construction may progress. Discussion was held on network operation centers. Mr. Parks noted that Center 7 in Lindon is an excellent example of how an operation center could be set up. Mr. Taylor reported that negotiations are being conducted with Center 7 for services. Mr. Park explained the structure and execution of the UTOPIA agreement. He informed the Council that Mr. Paul Morris of West Valley City is the executive director and the other positions are filled by representatives of other cities. Mr. Parks also noted that the preliminary assessment cost is $5,250 minimum which will be used to study the viability of proceeding with the project. Mr. Taylor added that this will determine a ballpark figure for construction of the network and introduces the issues for peculiar to each individual city.
Mr. Park explained that when Lindon approves and adopts the interlocal agreement and agrees to pay the fee, they become part of the group and a preliminary assessment is performed for their city. Another resolution will be needed before the next step, a feasibility study, can be taken. If Lindon chooses to do nothing, they will be removed from the group. The costs were estimated for the feasibility study at about $20-30 thousand for Lindon. It was discussed that this cost is not only based on the population and geographic size, but the number of households and businesses. Mr. Parks observed that the feasibility study would produce a design that can be taken to a contractor to bid. The construction project was discussed and it was noted that the construction would be done in phases. Mr. Taylor commented that the money for the feasibility study would be reimbursed to the City out of the bond proceeds. Mr. Park observed that before network construction starts will be another opportunity for the City to withdraw from the group.
Councilmember Dain asked what the network would look like in Lindon City. Mr. Parks explained that fiber would be installed into everyone’s back yard. There was a discussion on the advantages of underground installation. Mr. Parks observed that the proof of the viability of the network will be discovered in the bond market. He noted that he anticipates that the bond market will not lend unless there is decent coverage. He also observed that any excess revenues will go back to the cities. He suggested that the cities consider allowing the consortium to build up the reserves to keep up with technology.
There was discussion of the cost to the customer. Mr. Taylor told the Council that the projected costs are no more than what the customer is using now. Mr. Parks told of a user in Salt Lake County that is spending $190 to $200 per month for four phones, cable, and digital TV. Councilmember Bayless asked about customers who don’t want all the extras. Mr. Taylor replied that the services are usually offered by the providers “a la carte.” Councilmember Dain asked if all the providers may have to go underground. Mr. Parks replied that if they want to remain competitive, the providers may have to consider this option. Mayor Ellertson commented that for the bonding to proceed, the contracts with the providers will need to be negotiated in advance. Mr. Taylor agreed and observed that discussions were in process now.
Mr. Parks observed that his involvement in this project was in response to resident inquiries on high speed internet access in Orem City. Orem has discovered that the economy is driven by high technology services. Lindon has an example of this because of the high tech business moving to the southwest part of Lindon because of the availability of high speed internet. This will open the City up for competition between the providers. Councilmember Dain asked if the extras are added and controlled at the operations center or if they are controlled by the box on the house. Mr. Taylor replied that this depends on the service provider. Mayor Ellertson asked if the price quoted includes the box on the house. Mr. Parks replied yes. Mayor Ellertson commented that if it cost a user $500 to purchase the box that was installed on his house, it would limit the number of users that would connect and slow the return on the investment. Mr. Parks agreed and noted that the system may have other users like utility companies, ie: Questar and Utah Power, which may use the system to read their customer’s meters. There was discussion that there would be a box at every house, but if the customer is not signed up for services they would not be charged for the service.
There was also a discussion of the future charges that may apply to those that choose not to hook up to the system in the initial stages. Mr. Taylor noted that it was possible that later in the maturity of the system, the agency will no longer provide the boxes. He added that for now, this inclusion of the box into the sign up costs will reduce the entry barrier. Mr. Parks suggested that any reserves be used to update the technology rather than go back to the Cities. Councilmember Dain asked if the operations centers would have a limitation on providers. Mr. Taylor replied that the limitation at present technology levels is 4,000 providers.
Mr. Parks informed the Council that there is a May 10 deadline to become a founder of UTOPIA. He disclosed that there has been a lot of interest in becoming a founder. There was discussion of the involvement of cities and counties in the State of Utah. Mr. Dameron observed that Cities that want to get involved after May 10 will not receive founder status and will have an increased rate to join the group. Councilmember Dain asked what the anticipated construction schedule is if everything works as hoped. Mr. Parks replied that the time line is aggressive. They hope to begin construction before July of 2003 and get the City’s investment back that same year. Mr. Taylor told the Council that it was estimated it would take nine months to build the core system and work from there to hook up the neighborhoods. Mayor Ellertson asked if the core system is the I-15 corridor. Mr. Taylor explained that each City would have their own core that would be modular and plug into the UTOPIA core. Mayor Ellertson asked about fiber following the I-15 corridor already. Mr. Taylor replied that UTOPIA will evaluate the accessibility of the I-15 fiber as part of the feasibility study. He added that there is a lot of fiber installed that many are unaware of.
There was further discussion of deregulation and free enterprises, censorship, protection of the fiber from excavators, how the fiber works using colors and the size of the neighborhood box and the box on the house.
Mayor Ellertson thanked Mr. Parks and Mr. Taylor for explaining the proposal and told them that the Council would consider approval of the interlocal agreement in two weeks.
3. Resolution - Support of the Utah County Storm Water Coalition. This group has been formed to help deal with the Federal EPA requirements of the Phase II Storm Water Regulations. Many cities in Utah County, including Lindon City, are required to implement the Phase II Storm Water Regulations by March of 2003. Utah County has agreed to head this organization and apply for one permit from the state for all member cities. This resolution will demonstrate support for the coalition.
After discussion, COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2002-2 EXPRESSING SUPPORT FOR THE CREATION AND OPERATIONS OF THE UTAH COUNTY STORM WATER COALITION. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Review and Action - Temporary Zoning Ordinance for Off Premise Advertising. The city is currently in the process of updating and revising the off premise advertising sign ordinance, and passage of this temporary ordinance will allow time for staff to accomplish the task.
Mayor Ellertson introduced this temporary zoning ordinance. He commented that, in essence, this ordinance suggests that the City is in the process of amending the ordinance. Mr. Paul Magleby told the Council that a delay directly affects his current application. He commented that the temporary ordinance reads that the City will accept no more applications for these signs, however, he has a pending application now that has been stopped. He observed that if he waits the full six months before a decision is made on his application, it will impact the progress of his building. He asked that the Council consider shortening the limit to three months instead of six months or continue processing his application under the old ordinance. City Attorney Gordon Duval replied to Mr. Magleby’s concerns. He told Mr. Magleby and the Council that Mr. Magleby’s application would be subject to the revisions made to the ordinance and the old ordinance could not be applied. He hopes to have the ordinance revised and ready for approval within a three month time frame. Six months is the time provided by statute. He is aware of Mr. Magleby’s time constraints and is addressing the concerns of the Council, the property owners and the sign companies per the State statutes. Mr. Magleby protested the six-month wait. Councilmember Bayless observed that the Planning Commission had recommended that this ordinance be expedited. Mayor Ellertson commented that the ordinance may be adopted for three months and then extended. Mr. Magleby suggested that staff address some type of redress for those property owners whose leases expire during the moratorium. He also suggested that the property owners’ needs be addressed by the ordinance. Mr. Duval noted that those needs were being addressed.
Mr. Magleby suggested that the ordinance as written forces a property owner to deal with one sign company and creates a monopoly. Mr. Jaime Evans suggested that the wording clear up a misconception that deals with a radius. Mr. Duval suggested that the gentlemen submit their suggestions to Mr. Dameron. Mr. Evans asked about the new state laws. Mr. Duval explained that the new laws have to do with nonconforming issues and how they are addressed. He added that they will be included in the revised ordinance.
Mr. Dameron noted that the six-month limit was modified by the phrase “up to.” He felt that this gave flexibility to go shorter than the six months if necessary. He observed that the revision of the ordinance is going to be expedited and he could see no reason to change the final date. Mayor Ellertson asked if there was any other discussion. There was none.
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE 2002-7 ADOPTING TEMPORARY RESTRICTIONS WITH RESPECT TO THE ACCEPTANCE OF APPLICATIONS FOR THE ESTABLISHMENT, RESTORATION, RECONSTRUCTION, EXTENSION, ALTERATION, EXPANSION, OR SUBSTITUTION OF AN OFF PREMISE SIGN, FOR AT MOST SIX MONTHS PURSUANT TO UTAH CODE ANN. SECTION 10-9-404 WITH THE TWO RECOMMENDATIONS FROM THE PLANNING COMMISSION, TO WIT:
1. THAT THE CITY EXPEDITE DRAFTING AND AMENDING THE OFF PREMISE ADVERTISING SECTION OF THE SIGN ORDINANCE,
2. THAT THE CITY REVIEW THE ENTIRE BILLBOARD AND OFF PREMISE ADVERTISING SECTION OF THE SIGN ORDINANCE, NOT JUST THE NONCONFORMING BILLBOARDS.
COUNCILMEMBER DAIN SECONDED THE MOTION.
Councilmember Acerson arrived at 10:10 p.m.
ALL PRESENT VOTED IN FAVOR, EXCEPT COUNCILMEMBER ACERSON WHO ABSTAINED. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain reported that the final walk through on the fire station would occur Wednesday morning, April 3, 2002 at 7:00 a.m.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch was excused.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless asked Mr. Dameron about a letter in the staff report concerning competitive communication. She asked about a location of a business on the project tracking list. Mr. Dameron replied that Lizardskins has requested to locate next to Pizza Factory and to expand the legal non-conforming car lot. She also asked about the appropriateness of requesting a fast for more rain. Councilmember Bayless commented on a traffic signal that was visually obstructed by overhead cables. She asked Mr. Dameron if his report would cover the conversation with Mr. Duval on the City’s trails and pathways system.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath reported that the Police Department would like to know if they could hold traffic school in the courtroom once a week. Mr. Dameron replied that they could schedule the dates with Kathy Bird at the front desk.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson asked if the City had noticed that the cell towers on the Junior High School site have been completed. This was affirmed and it was noted that the poles still needed flags. Mr. Dameron observed that he had given the phone number to for Colonial Flags to Mr. Paul Olsen at the Junior High. It was noted that the size of the flags would have to be carefully chosen because of the size of the poles and the close power lines.
Councilmember Acerson reported on the Easter Egg Hunt. He commented that they had doubled the number of eggs because the projected nice weather would bring more people out. They had given out a total of 60 prizes and devised a system to hold out some eggs for the younger ones that were left out. He reported that the hunt had gone well with beautiful weather, and the children seemed generally happy. He mentioned that the stores in area had been good to work with, in particular, Albertsons and Macys. He reported that Lindon Days planning was in full swing. He confirmed that start date for Lindon Days as August 3.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Confirmed important dates with the Council. He reminded them of the URMMA Training Meeting at 7:00 p.m. April 3 in the Council Chambers. He informed them that URMMA is requiring that the video and test be taken and if this meeting is missed they will have to do it on their own time.
2. Announced that the final Hollow Park Committee meeting would be held on Thursday, April 4 in the Conference Room.
3. Announced that the final Pheasant Brook Park Committee meeting would be held on April 9 in the Conference Room.
4. Reminded the Council of the Utah League of Cities and Towns Spring Conference April 10-12 in St. George.
5. Informed the Council that a Public Hearing is scheduled for April 16 concerning deep lot intent clarification.
6. Presented the Housing Authority draft agreement for comment.
7. Reported that a surplus property declaration is needed to allow bids to be taken on some of the City’s surplus property.
8. Asked if there was anything on the project tracking list that they would like to see. There was none.
9. Reported that the answer to Mayor Ellertson’s inquiry on the pay off date for the secondary water bond is March of 2007.
10. Reported also that the street sign for 300 West 130 South has been ordered. He noted that the 200 North dead end sign has been taken down and the speed trailer is located presently on 400 West.
11. Noted that he has given a copy of the proposed Storm Water Advisory Committee members to them and asked for suggestions on other names. He reported that the creation of this committee will appear in a May agenda.
12. Reported that the Curly Springs Camp of the Daughter of the Utah Pioneers have donated money to buy a bench for the Pioneer Park. They also donated two pioneer history books.
13. Asked for direction on Recreation Director Kim Walker’s request for to rent the city ballfields for competition use. Mayor Ellertson asked if Mr. Walker would coordinate the rentals. Mr. Dameron confirmed this coordination. There was discussion of the extra wear and tear of the fields and the fact that this would preclude open play for citizens. Mayor Ellertson suggested that maybe the diamond closest to the pavilion be retained for open play and the others rented. He asked what amount of rent could be obtained and if this would pay for field maintenance. Mr. Dameron replied that the fields could rent from $75 to $200. It was decided to try and see what happens for now.
14. Noted that the quarterly newsletter was included in the staff report.
15. Asked the Council about reconsidering the Canberra plats per their concerns about the deeding of utility property and easements. After discussion, the Council asked Mr. Dameron to put the plats back on an agenda for further discussion with the Canberra Directors and Officers.
16. Asked about funding for the Pleasant Grove Senior Project Program. He was asked to contact Mr. Blaisdell. Mayor Ellertson and Councilmember Bayless volunteered to judge the entries this year.
17. Addressed the issues raised in a letter from the Utah Coalition of Competitive Communications.
18. Informed the Council that an increase in the employee health insurance can be expected of 9.6 percent. He noted that City Finance Director Kristen Colson would address this at the next meeting.
19. Invited the Council to the Timpanogos Academy groundbreaking on Friday, April 5 at 6:00 p.m.
20. Drew attention to the final agreement for the delivery of Lindon’s secondary water through the Alpine Reach of the Central Utah Water Conservancy District water system.
Executive Session - The City Council will meet privately with the City Attorney to discuss pending or reasonable imminent litigation. (UT Code 52-4-4)
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE CITY COUNCIL MEETING AND CONVENE AN EXECUTIVE SESSION AT 10:36 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE EXECUTIVE SESSION AND RECONVENE THE CITY COUNCIL MEETING AT 11:10 P.M. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN AT 11:11 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - April 16, 2002
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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