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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2000 Council Minutes » August 15, 2000
August 15, 2000
The Lindon City Council held a regularly scheduled meeting on Tuesday, August 15, 2000 beginning at 7:00 P.M. in the Lindon City Center, Council Chambers at 100 North State Street, Lindon Utah.
Conducting: Mayor Larry A. Ellertson
Pledge of Allegiance: Mayor Larry A. Ellertson
Invocation: Jerald I. Hatch
PRESENT ABSENT
Larry A. Ellertson, Mayor Jeff Acerson, Councilmember
Toby Bath, Councilmember James A Dain, Mayor Pro Tem
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
REGULAR SESSION
The meeting began at 7:06 P.M.
MINUTES
Review of the Regular Minutes of August 1, 2000.
The minutes of the Regular Meeting of August 1, 2000 were reviewed. The following corrections were made:
Page 4, Line 17: Replace the name “Bath” with the name “Hatch.”
Page 4, Line 26: Replace the word “APPROVE” with the word “APPROVAL.”
Page 5, Line 40: Replace the name “HATCH” with the name “BATH.”
Page 5, Line 41: Add the words“EXCEPT COUNCILMEMBER HATCH WHO VOTED NAY” after the word “FAVOR.”
Page 7, Line 4: Replace the word “an” with the word “a.”
Page 7, Line 43: Replace the words “WOULD BE” with the words “THE ACCESSORY APARTMENTS IN THE DISTRICT ARE.”
Page 8, Line 9: Add the words “apartment project” after the word “L & T.”
Page 8, Line 22: Delete the word “not” after the word “was.” Add the word “not” before the word “have”.
Page 8, Line 23: Replace the words “a parking canopy in the front yard–no” with the word “any.”
Page 9, Line 26: Replace the word “if” before the words “Johanson Thackery” with the words “and John Thackery of.” Replace the word “was” before the word “still” with the words “if they were.”
Page 9, Line 38: Delete the word “out” after the word “bidding.”
Page 9, Line 40: Add the words “and proceed to issue the bonds” after the word “bid.”
Page 10, Line 15: Add quotation marks around the phrase “load of dirt and bricks.”
Page 10, Line 18 & 19: Add the words “and pedestrian crossings needed to be considered” after the word “added.”
Page 10, Line 34: Delete the words “had been cut off.”
Page 10, Line 35: Add the words “had been shut off for this year” after the word “Aqueduct.”
Page 11, Line 2: Add the words “from the hillside” after the word “that.”
Page 11, Line 3: Replace the words “sticks out” with the words “is visibly intrusive.”
Page 11, Line 36 & 37: Replace the words “it was” with the word “they.” Replace the word “on” after the word “decided” with the words “to do so in their meeting of.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING ON AUGUST 1, 2000 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
1. Carol Lloyd, 480 North 750 East, commented that she’d had a “near death experience” in the roundabout on 400 North and 400 East. She felt the roundabout could be improved by making the center smaller and the lanes wider. Ms. Lloyd observed that roundabouts were usually comprised of two lanes. She also said the yield signs were not being observed and thought they should be changed to stop signs.
2. Paul Olsen, 49 North Teton Drive, introduced himself as the principal of Oak Canyon Jr. High. He said that he supports the concept of cellular towers on public property. He mentioned that he was aware that the City was drafting a policy for cellular towers which encourages “stealth technology.” He said the school had been approached by a cellular provider to place a tower on school property. The school and PTA were favorable to the idea because of the funds generated would directly benefit Oak Canyon Jr. High School. Mayor Ellertson explained that this new ordinance will be scheduled to be heard by the City Council in October.
3. Epifalnio Garcia, 330 North 135 West, reported that he had been the victim of vandalism. His house and car had been egged and his car windshield broken. He is concerned about the safety of his wife and daughter. The Police had suggested he approach the Council for a street light. The street is close by the Lindon City Park and is very dark at night. Mayor Ellertson asked about the neighborhood watch in that area. Discussion of the present locations of the street lights and the contacting of the neighborhood watch to ask for their help was held. The Mayor told Mr. Garcia that city officials would do all they could to help.
MAYOR’S COMMENTS/REPORT
Mayor Ellertson commended the efforts of residents and staff to assist the various events of Lindon Days. He mentioned that he had enjoyed several events. He invited anyone who had an interest in participating in the future to contact the City. He also asked for feedback on how to improve the event.
He reported that the deadline for the I-15 Interchange was today and the items necessary to move the project forward to the bid stage for the Utah Department of Transportation had been accomplished.
BUSINESS
COUNCILMEMBER BAYLESS MOVED TO OPEN BOTH PUBLIC HEARINGS SCHEDULED IN THE AGENDA. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
1. Public Hearing - Wireless Telecommunications Ordinance. The City Council will hear public comment and possibly act to approve an ordinance specifically referring to wireless telecommunications including the franchise application, and franchise agreement. This hearing is in response to the request made by Liberty Wirestar on behalf of Metricom for installation of transceivers on cobra head street lighting fixtures.
Mayor Ellertson invited Jill Schwinn, Local Market Manager for Metricom, Inc. to introduce the company and explain the reason for their request. Ms. Schwinn said that Metricom provided mobile users with access to the Internet and Local Area Networks. Metricom is presently deployed in three metropolitan areas–San Francisco Bay area, Washington, D.C., and Seattle. The benefits to mobile users are a speed comparable to an ISDN line, and access to email and Internet from anywhere within the service area. It is being used by corporations and businesses like Intel, Discover Card, American Express, Abbott Laboratories, and Boeing. Cities and Municipalities are discovering benefits also. Inspectors communicate with their office computers, bookmobiles at Senior Citizen Centers and inner city neighborhoods access library files across the city, and police and fire department personnel coordinate with their own and other stations. Other metropolitan areas targeted for expansion include San Diego, Atlanta, New York, Chicago, Dallas/Ft. Worth, and Salt Lake City. She explained their pricing structure as flat rate with no roaming charges.
Mayor Ellertson asked about the range of each transceiver. Ms. Schwinn explained that the transceivers were installed throughout the city on a grid system at six per square mile on the underside of cobra head street light mast arms. Adaptations were made for other kinds of street light mast arms.
Mayor Ellertson clarified with Ms. Schwinn that the transceivers relayed only data packets and not voice transmissions like cell phones. Discussion was held on the process of sending information from a subscriber’s computer with a specially purchased and equipped modem, to and including the location and spacing of the transceivers, the base the transceivers would transmit the data to, and how the information was relayed to the user’s contact via their ISP. Councilmember Bayless asked how the service compared to DSL and Ms. Schwinn explained that a DSL or Direct Satellite Link is wired and not mobile and is much faster than the radio link of their “ricochet” technology.
Mayor Ellertson asked City Attorney Gordon Duval to present his proposed amendments to the telecommunications ordinance to address this new technology. Mr. Duval observed that although the ordinance was only 1 1/2 years old, it was already outdated by new technology. He mentioned that the Utah League of Cities and Towns had reviewed their model ordinance and had proposed these changes. He reviewed the proposed amendments for the Council briefly.
Mr. Duval then reviewed briefly the proposed franchise agreement. Mr. Dameron asked if the franchise agreement being reviewed was a proposed generic form or one specific to Metricom. Mr. Duval informed the Council this agreement was specific for Metricom. Councilmember Bayless confirmed with Mr. Duval that the franchise agreement did not give a license to locate a tower within the city without following the procedure outlined in the ordinance.
The ordinance and franchise agreement were deliberated and questions asked and answered concerning the definitions and specific uses of the words “structures”, “electrolier,” and “armature.” Mayor Ellertson expressed concern that paragraph 5.06.06 (4)(D) did not address overhead removals. A review of the excavation ordinance as it pertained to this paragraph was requested also. Mayor Ellertson felt that the ordinance should also include wording that the franchise tax amount will be set by the City Council. The ordinance presently states that the franchise tax is set in the franchise agreement. He asked that the franchise agreement with Metricom also be amended to include this wording and the City not be limited to a CPI adjustment only.
Councilmember Bayless expressed concern about Metricom needing to install poles and towers for wired access in areas where poles were not available. Ms. Schwinn addressed her concerns by explaining that Metricom’s primary subscriber target is commercial businesses and their secondary target is residential customers. They would not be installing poles. If poles were not available they would use buildings. If poles and buildings were not available, customers were probably not available either. She mentioned that in rare cases, transceivers were installed on utility towers and the Mayor asked about static. Discussion was held on the bands used for various services and whether they may conflict.
Mayor Ellertson invited the Council to make a motion. Councilmember Bayless commented that she wished more council members were present for this discussion. Ms. Schwinn directed the Council’s attention to article 6.1 of the franchise agreement that allowed for the ever changing nature of the industry and assured them future discussions could be initiated in good faith.
Rob and Suzette Lundgren of 318 North 400 East asked if this franchise agreement limited providers of this service within the city. They were assured the agreement was non-exclusive. Mayor Ellertson asked about the ramifications of Lindon City being the first, or possibly the only city to give approval among those cities being approached. Ms. Schwinn assured the Council that Metricom could act as an island, but it would probably not be economically feasible to do so. Mr. Lundgren asked about the security of information being transmitted over air waves and Ms. Schwinn vouched for their encryption procedures. Councilmember Hatch inquired the optimum height for the placement of transceivers. Mayor Ellertson asked what procedure was used if a wired access point was inoperative and Ms. Schwinn explained the rerouting of transmissions.
Mayor Ellertson again invited the members of the Council to make a motion. Councilmember Bath concurred with Councilmember Bayless that the other council members not present should have a chance to review this ordinance before adoption.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THIS ITEM TO THE SEPTEMBER 5, 2000 MEETING TO ALLOW THE CITY ATTORNEY TIME TO COMPLETE THE CHANGES, CORRECTIONS AND NECESSARY RESEARCH FOR THE AMENDMENTS TO THE TELECOMMUNICATIONS ORDINANCE AND FRANCHISE AGREEMENT AS DISCUSSED, AND ALSO TO ALLOW ABSENT CITY COUNCILMEMBERS TIME TO REVIEW THE PROPOSED AMENDMENTS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Public Hearing - Ordinance Amendments - Chapter 17. This public hearing was scheduled before the Planning Commission canceled its meeting on August 9, 2000. The Council cannot act on these proposed ordinance amendments without a recommendation from the Planning Commission. Therefore, the Council should continue this item until a recommendation is received.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO CONTINUE ITEM NUMBER TWO, THE PROPOSED AMENDMENTS TO CHAPTER 17 OF THE LINDON CITY CODE, TO AWAIT RECOMMENDATIONS FROM THE PLANNING COMMISSION. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Presentation - Trails Committee Report. The Trails Committee will present a plan for a “Lindon City Pathways and Trails System.”
Councilmember Lindsey Bayless, Planning Director Kevin Smith, and Trails Committee members Rob and Suzette Lundgren exhibited their Trails Committee plan for a Lindon City Pathways and Trails System. They explained that pathways would parallel city streets and trails would follow property lines within city blocks or the foothills. They cited the benefits of a city-wide pathway and trail system, displayed illustrations and profiles of their proposed pathways and trails, showed examples of their recommended signs, made proposals for security on isolated sections, and presented a slide show detailing their recommended routes and the probability/possibility of completing each section. They also had completed a proposed ordinance to set exact steps and standards for developers in Lindon City.
Mayor Ellertson suggested adding as a trail the “fire break” area presently located along the power pole line in the foothills on the East side of the city. Councilmember Hatch recommended adding a trail in the Esnet property in the block of 200 South to 400 South and 800 West to 400 West. The developers had previously indicated they were favorable to a trails system. Mayor Ellertson commented that 400 East is a natural pathway and suggested adding that to the map. Councilmember Hatch mentioned he would like to see a pathway on 40 South. Mayor Ellertson asked to have included the trail access to the Forest Service property through the Bald Mountain Project. Councilmember Hatch confirmed that provisions for pathways had been made in the I-15 freeway interchange project on the west side with connections north and south to existing or proposed pathways and trails.
Mayor Ellertson commended the Trails Committee for an excellent presentation and thanked them for their hard work. He suggested that the Committee discuss its presentation with the General Plan Committee and the Planning Commission.
4. Review and Action - Street Lighting Policy - Request and Petition. At the request of the Council, the staff developed a policy for street lighting requests which includes an application/petition process. This policy and application process will be more fully explained at the meeting.
Mayor Ellertson asked City Administrator Ott Dameron to present the Street Lighting Policy and Petition. Mr. Dameron explained the proposed installation application and petition was also a policy statement to guide staff members in installation decisions concerning street light petitions. Discussion was held on the favored style of street lights. Councilmembers were urged to visit a display of street light styles in Orem on 800 East. Mr. Dameron asked for Council input on the petition and what percentage of the neighborhood signatures would constitute a majority of support. Mayor Ellertson asked the Council to consider if the ownership of the street lights should continue as previously arranged or change to city ownership. Councilmember Bayless commented she liked the direction shown by the street light application and petition but thought the issue should be continued to make minor changes in the form detailing the percentage of neighbors to comprise a majority and the preferred styles of street lights as a standard for policy.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE STREET LIGHTING POLICY STATEMENT AND PETITION ISSUE UNTIL SEPTEMBER 5, 2000 TO COMPLETE CHANGES IN THE FORM AS DETAILED ABOVE AND TO ALLOW THE COUNCIL MEMBERS TIME TO VIEW THE STREET LIGHT DISPLAY IN OREM. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action - Temporary Zoning Ordinance Extension. The City Council passed a temporary zoning ordinance on February 15, 2000 which prohibited development applications from being accepted for development in and around the areas near the proposed I-15 Interchange. This ordinance was in effect for “up to 6 months.” During a meeting on July 28, 2000, the Utah Transportation Commission agreed to extending this temporary ordinance since it involves a federal highway. The Council is now being asked to officially extend the temporary zoning ordinance for up to 6 more months to allow the General Plan Committee time to recommend new zoning in this area of town.
After discussion, COUNCILMEMBER BAYLESS MOVED TO APPROVE ORDINANCE 2000-10 RENEWING TEMPORARY ZONING REGULATIONS PROHIBITING THE APPROVAL OF NEW PROJECT PLANS LOCATED GENERALLY IN THE NORTHWEST SECTION OF THE CITY ADJACENT TO THE PROPOSED I-15 INTERCHANGE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain was not present.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch asked about the possibility of painting the curb red on the corner of State and Center by Utah Auto Sales. He observed that there was still a visibility problem with cars parked too close to the corner. Discussion was held on whether the situation was a compliance issue with the car dealer or a customer problem. Councilmember Bath suggested citing the cars parked too close to the corner. Councilmember Hatch Bath mentioned that the adjacent property owner to the east, Mr. Bunker, had been approached by the owner of Utah Auto Sales about buying Mr. Bunker’s house. This might solve the problem. Councilmember Hatch also commended the cooperation of the city crews with the Lindon Days activities chairpersons.
TRAILS, PLANNING, ZONING, BD OF ADJ, ADMINISTRATION
Councilmember Bayless advised the Mayor that she may have a candidate for the Planning Commission vacancy. She also inquired if a specific corner in Pheasant Brook was slated to receive a street light and Mr. Dameron confirmed it was on the list and had been ordered.
Councilmember Bayless asked if any council members were planning to attend the Utah League of Cities and Towns Conference scheduled for September 13-15. Discussion was held on the planned agenda for the Conference.
Councilmember Bayless inquired about Weston Terry’s accident and if the City had sent anything to him. Discussion was held on the injuries and recovery of the victims. Mr. Dameron informed the Council that Mr. Terry was not a member of the Employees Association.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath apprised the Council that URMMA is now requiring covered Police Officers within the URMMA organization to pass a physical fitness test. Although not a member of URMMA, all of the Pleasant Grove Officers passed this test. He mentioned that the Orem Police Department is fighting the requirement. Mayor Ellertson suggested a letter of appreciation to the Police Department.
Councilmember Bath announced that the Police Department had finished their remodeling. He reported that the Police Department had not received any calls about the roundabout. The feedback from the police department itself was positive concerning the traffic circle. He disclosed that he had received a few complaints, but felt that two weeks was not enough time for a trial period. The Mayor and Council agreed.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NWSLTR
Councilmember Acerson was not present.
ADMINISTRATOR’S REPORT
1. Mr. Dameron informed the Council that the Engineering Coordination Meeting was now scheduled on August 24th at noon. Councilmembers Bath and Bayless volunteered their attendance.
2. Mr. Dameron disclosed that the next regularly scheduled meeting would include the public hearing on the Johanson Thackery re-zoning application.
3. He referred the Council to the list of complaints and suggestions received at the front desk concerning the traffic circle.
4. Mr. Dameron reported that he had met with Councilmember Dain, City Engineer Dave Thurgood, Public Works Director Don Peterson, and Public Works Water Superintendent Dennis Kendall to discuss water issues. Items discussed included wise water use, observance of the no-watering period, sediment problems in the Zone 3 system, and pollution of the North Union Canal. Solutions have been proposed and are being evaluated. On solving the North Union Canal problem, he mentioned contacting Jim Reams, City Manager of Orem, for suggestions, and possibly taking the water from the Alpine Reach Three pipeline rather than the canal. Concerning the observance of the no-watering period, he mentioned that Lindon residents may find it more palatable if they could see other cities adopting the same standard. He asked the Mayor to mention the issue at the Council of Governments meeting on September 7. Mention was made that Lehi City had limited water use to even and odd days, Highland had placed restrictions, and the Provo River was down to 40% of normal. Mayor Ellertson mentioned there was also a Mountainlands Association of Governments meeting scheduled for August 26th where the issue could be brought up.
5. Mr Dameron reviewed a fax from the Trust for Public Lands with the Council. Councilmember Bayless pointed out some inaccuracies concerning term expirations for council members. Mr. Dameron informed the Council that consideration was being given the possibility of participating with the Trust for Public Lands to introduce a November ballot issue to assist in purchasing the foothills. Councilmember Bayless inquired about clarification on the various funding mechanisms and discussion was held on the property tax vs. bonding issues and the participation level expected of Lindon City.
6. Mr. Dameron reported that the Lindon City Park bathrooms had been vandalized again on Monday night. This time the sinks had been broken off the walls, there was more graffiti and a tree was cut down. The police are investigating and have asked the neighborhood to help. One citizen has been asked volunteered to lock up the bathrooms at curfew time. Discussion was held on how this might tie in with the vandalism reported by Mr. Garcia.
7. Mr. Blaine Carlton, Bond Attorney, has requested a meeting Wednesday at 3:00 P.M. to finalize the bond issues for the I-15 Interchange project. Discussion was held on prior commitments and rescheduling to accommodate Mr. Carlton. Summarization of needed items to complete the preliminary groundwork for the I-15 Interchange project was communicated.
8. Mr. Dameron inquired if the Council would welcome a final report on Lindon Days from Chairperson Ginger Romriell. He was requested to schedule a report with Ms. Romriell.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MEETING AT 11:04 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. THE MOTION CARRIED.
APPROVED - September 5, 2000
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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