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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » December 18, 2001
December 18, 2001
The Lindon City Council held a regularly scheduled meeting, beginning with a Work Session at 6:00 P.M. on Tuesday, December 18, 2001, in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember (arrived at 6:45 p.m.)
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember (arrived at 6:25 p.m.)
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk ABSENT
Kevin Smith, Planning Director
The Meeting began at 6:12 P.M.
WORK SESSION
The Mayor and Council will meet in a work session with State Senator John Valentine to discuss goals and needs of the city relative to the upcoming Legislative Session in 2002.
Mayor Ellertson welcomed State Senator John Valentine. He observed that the intent of this meeting is to have an open discussion with no specific agenda. He asked Senator Valentine to take a minute and explain the timetable of this year’s legislative session. Senator Valentine explained that this session would be disjointed because of the Olympics. It was decided that security was not adequate to hold the Olympic venues and ceremonies in conjunction with a legislative session. The second issue is that many of the representatives were from distant parts of Utah and there is nowhere to stay because Salt Lake City will be full of Olympic visitors. The third issue is the difficulty of commuting into the downtown area because of Olympic traffic closures. It was also noted that many elected officials will be helping to host dignitaries at Olympics also. He explained that the Utah State Constitution requires the Legislative Session to begin the third week of January. The State Legislature has decided to use the “interim process” to start the Legislative session two weeks before the required third Monday of January. They will consider subsidy bills and appropriations. The actual session will begin on schedule and continue until the day before the Olympic Opening Ceremonies. They will recess and close until the day after the Closing Ceremonies and finish the Session then.
Senator Valentine addressed State Budget issues by telling the Council that there is good news and bad news. He said that there is a $200 million shortfall. He added that the shortfall is a 2% reduction of last year’s budget. Salaries and inflation are the issues that will be addressed to balance the budget. He commented that a recent trip to Washington, D.C. put Utah’s budget problems into perspective. There is a $2 billion shortfall in Minnesota. Kansas has tapped their rainy day fund. Oregon is considering implementing a sales tax because they are anticipating an 8-12% reduction in revenues. New York has had huge expenditures because of 9/11.
Senator Valentine explained that the Legislature is going to use the two weeks before the Session starts to focus on the 2002 budget and go through the hold backs and cuts recommended by Governor Leavitt. He commented that there may be $59 million to allocate to 2003 by doing the recommended cuts. These cuts include no pay increases for state employees and teachers, increasing the employees’ insurance contribution, and bonding to build State projects instead of diverting money from the general fund. Councilmember Dain asked if these budget cuts would affect the funding possibilities for Lindon’s arterial from the new freeway interchange. Senator Valentine replied yes. He asked if there were any other questions.
Mayor Ellertson expressed appreciation of Senator Valentin’s Valentine’s support of Lindon’s road system. He told Senator Valentine that one of his thoughts is to inform the Governor of Lindon’s transportation needs. He commented that the Governor has expressed openly support of a statewide view of transportation. Mayor Ellertson noted that other comments the Governor has made concern prudent money management by cities, and specifically that general fund money should not be subsidizing enterprise funds. He added that Lindon has responded by raising water rates.
Senator Valentine acknowledged the current notion that the property tax base should not be used to pay for water development. He pointed out a fault in this reasoning is that this gives control of development costs and not utilization costs. He observed that long term water projects like dams cannot be accomplished with impact fees. He has personally talked to the Governor and raised his objections. He noted that he believes this bill will not be pushed this session. However, it is of future concern to cities and may be very controversial. He observed that projects like the Jordanelle and Honeyville Dams would not have been built. There was a discussion of the Jordanelle Reservoir water and how that flood water would have been sent to the Great Salt Lake if Jordanelle had not been built. Senator Valentine endorsed this project as a “good project.”
Mayor Ellertson suggested that the meeting adjourn to the Conference Room to discuss development issues around the map of Lindon City. The Council and Senator Valentine moved to the Conference Room. Mayor Ellertson pointed out the location of the new freeway interchange and showed Senator Valentine the plans to connect 1200 East to 800 North and extend it west to the interchange. Senator Valentine asked about rights-of-way. Mayor Ellertson replied that the right-of-way has been preserved but not obtained. He acknowledged that part of the urgency to complete 700 North is the rising cost of the land and the perceived value increasing due to the freeway access nearing completion.
Other future roads were discussed including the possible East-West corridor connection from this new interchange to the Legacy Highway. The preservation of the mountainsides and planned trail developments were discussed and pointed out on the map. There was also a discussion of Lindon’s commercial base.
Mayor Ellertson thanked Senator Valentine for coming to Lindon.
REGULAR SESSION
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Toby Bath
Invocation: Jeff Acerson
PRESENT ABSENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
The Meeting began at 7:00 P.M.
MINUTES
Review of the Minutes of November 20, 2001 and December 4, 2001.
The minutes of the regular meeting of November 20, 2001 were reviewed. The following corrections were made:
Page 2, Line 13: Delete the word “the” before the word “shingles.” Add the words “like this” after the word “shingles.”
Page 3, Line 43: Replace the word “questioned” with the phrase “asked a question regarding.”
Page 12, Line 15: Add the word “did” after the word “but.” Delete the word “there” after the word “area.”
Page 18, Line 36, 37: Delete the phrase “HUD will be getting more funds.” Add the phrase “of the HUD funding.” Delete the word “also.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 2001 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The minutes of the regular meeting of December 4, 2001 were reviewed. The following corrections were made:
Page 2, Line 24,25: Add the phrase “including the addition of a 1/4¢ transit tax” after the word “available.”
Page 3, Line 8: Add the words “ORDINANCE 2001-16" after the word “APPROVE.”
Page 3, Line 38: Add the word “only” after the word “was.” Delete the word “only” after the word “discussion.”
Page 5, Line 19: Add the letter “s” to the end of the word “window.”
Page 6, Line 15: Replace the name “Doyle” with the name “Wood.”
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE REGULAR SESSION OF DECEMBER 4, 2001 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens Comments
Mr. Wayne Corbridge of 1028 East 140 North, was present to give the Council an update on the closing deadline for the Trophy Homes project. He said that the Blackhurst family has given an extension until the end of March. He observed that this new deadline was not that far away considering the uncertainties. He commented that he would like to continue to pursue the development and felt it is “good for Lindon.”
Mr. Corbridge suggested that more public input may be beneficial to the Council, so he would like to commission a Dan Jones Survey. He added that he would fund the survey and present the findings to the Council. He commented that they would abide by the results of the survey. The recommendation is to survey 300 residences which will give a statistical error of +-6%. He presented a questionnaire that he felt would represent the situation and would accurately portray the feelings of the Lindon residents. Councilmember Acerson asked if the questions had been crafted with Dan Jones. Mr. Corbridge replied yes and asked the Council for their input on the potential questions. Copies were handed to each of the Councilmembers. Mayor Ellertson asked what the timetable was to review and make suggestions on the questions. It was decided to have suggestions returned to Mr. Corbridge within one week.
Councilmember Dain questioned Mr. Corbridge’s remark about abiding with the results. He asked if Mr. Corbridge expected the results to bind the Council’s decision. Mr. Corbridge replied that he expected the results to influence the Council’s decision. Councilmember Dain agreed that although the results will not bind the Council to a decision, they will weigh in making that decision. Mr. Dameron observed that he felt the survey will offer valuable insight. Councilmember Bayless agreed that a survey had been valuable in other issues. Mayor Ellertson concurred.
Mr. Corbridge added an update on improvements to the site plan incorporating the comments of the Council. He informed them that he had added single family homes, since the Council had expressed a desire for more diversity. He had reduced the acreage of the park to keep the density at nine units per acre. He had also added buildings to the design. Councilmember Bayless asked if the added buildings compromise parking. Mr. Corbridge replied no.
Mayor Ellertson asked if there was any other public comment. There was none.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson reported that he was continuing to work on transportation issues, open space issues, preservation of the hillside, and the Murdock trail. He added that he had called a meeting to discuss progress on the Murdock Trail for January 9, 2002. He added that the last item he would like to mention is the amount of snow possibly contributing to more wildlife in our yards, and that this will be the last meeting this year. He wished everyone Merry Christmas and a Happy New Year and asked if there were any questions for him. There were none.
CONSENT AGENDA - No Items
CURRENT BUSINESS
1. Plat Amendment - Canberra Heights, Plat “D.” This is a request by Canberra Development Company to combine three previously platted lots into one lot. A vacation of Lots 12 and 30 of Plat “A” and Lot 29 of Plat “C” will be necessary. Then the creation of one lot, #42 in a new Plat “D” will complete the process. The Planning Commission has recommended approval.
Mr. Smith displayed the amended plat and explained that this vacation and replatting would help the owner of the three lots to build in the back yard by removing the setbacks from property lines and utility easements. The proposal was discussed. Mr. Smith noted that one single family home is being built on the lots. Mr. Dameron asked if there were any concerns by the Planning Commission about creating a double frontage lot. Mr. Smith replied that the Commissioners had discussed it, however, there had been no condition set. He noted that the landscaping and fencing had been installed on the rear of the lot. Mr. Dameron asked if the stubs for utilities had been put in for the lots being vacated. Mr. Steve Tanner replied yes and added that extra stubs had been put in for him including 3-phase power. Councilmember Hatch asked if the home was under construction. Mr. Tanner replied that the home is being framed.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY STEVE TANNER FOR APPROVAL TO CREATE A ONE LOT SUBDIVISION BY AMENDING CANBERRA HEIGHTS, PLATS “A,” LOTS 12 AND 30 AND PLAT “C,” LOT 29, COMBINING SUCH LOTS INTO CANBERRA HEIGHTS, PLAT “D,” LOT 42. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Preliminary Plat - Re-Approval - Mt. View Industrial Park, Plat “A.” This is a request by John Haynes for re approval of a 4-lot industrial subdivision at 240 North Geneva Road. The plat was originally approved on September 7, 2000 but never recorded. The plat expired after one year, and now Mr. Haynes desires to move forward with the recording process. The Planning Commission has recommended approval.
Mr. Smith identified the location of the proposed subdivision and noted that the Planning Commissioners had recommended a 15-foot easement for sewer on the north side of Lot 4. They also felt the Council should consider an easement for access into rear of the future Pheasant Brook Park. Mayor Ellertson verified that the subdivision was zoned light industrial. Mr. Smith confirmed that the subdivision consists of four, one-acre, industrial lots.
Mr. Dameron commented that the Pheasant Brook Park Committee has been planning the park. He expressed a concern about accessing the park from the back, especially at night. He felt there may be a public safety issue. The Council discussed the issue.
Mr. Haynes asked about the grade level of the park near the back next to his parcel. He told the Council that he intended to fill the lots level to Geneva Road. Mr. Dameron could see no problem with the difference in grade level.
COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY JOHN HAYNES FOR PRELIMINARY APPROVAL OF A 4-LOT SUBDIVISION, MT. VIEW INDUSTRIAL PARK, PLAT “A’ AT APPROXIMATELY 240 NORTH GENEVA ROAD WITH THE CONDITION THAT A 15-FOOT UTILITY EASEMENT BE INCLUDED ON THE NORTH SIDE OF LOT 4. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Review and Action - Conditional Use Permit - Site Plan - LDS Stake Center. This is a request by Roger Knell, Architect, for approval of a Conditional Use Permit and Site Plan for a new LDS Stake Center at 50 East 600 North. The Council indicated their desire to have final approval authority for this site plan. The Planning Commission has recommended approval.
Mr. Smith displayed an aerial photo and the one-lot subdivision plat. He informed the Council that this is a site plan review and conditional use permit approval. He noted that 600 North will be extended to join with 200 East on the east and Locust Avenue on the west. He reported that the Planning Commissioners had recommended solid white vinyl fencing on the south and west side of the lot. The fencing on the east at will be installed at the discretion of the Church, but should be similar to the fencing on the other sides if it is installed. The Commissioners also asked the property owners to consider a fill slope on the south and west side of the site in lieu of a retaining wall. They talked about access to Main Street again also. There were no concerns about the elevations.
Mr. Smith reported that conditions recommended for the site plan include a note to be mindful of utilities near or under the trees on the south side of 600 North near Locust Avenue, They felt that curb and gutter should be installed the full length of 600 North. Access to and from Locust Avenue during reconstruction of 600 North should be maintained. The storm water plan should include the intersection of 600 North and Locust Avenue, and there should be plans for traffic calming on 600 North.
Councilmember Bath asked if traffic calming measures would be less to install now, even if they were removed later. Mr. Smith reported that there was a concern about more traffic using the street to access Locust Avenue. Councilmember Dain suggested that the calming measures be installed after the street is finished. He felt that if the measures were put in the wrong place, it may create a worse problem.
Councilmember Dain asked how the intersection with Main Street would be finished. Mr. Smith showed how the curve returns for Main Street would be completed by the L.D.S. Church in the construction of 600 North Street. Mr. Dameron commented that the Church would also install the improvements to the storm water system and loop the water lines to 200 East. Mayor Ellertson asked if there were questions to consider other than the traffic issue. Mr. Smith added that notices to the neighbors were mentioned by the Commission. Mr. Knell noted that 200 -250 notices had been sent.
Councilmember Dain asked if a decision had been made on the retaining wall. Mr. Knell reported that the Church and Mr. Alan Colledge would like to keep the retaining wall design rather than allow for a fill slope. Mr. Colledge explained that he was flood irrigating the land.
Mayor Ellertson asked about traffic calming measures. Councilmember Acerson asked if City Engineer Mark Christensen had looked at it. Mr. Dameron pointed out that predictions on the traffic may not materialize.
Mr. Smith reported that one of the Commissioners would like to see the pathway cross section used. Councilmember Bayless commented that she would like to see a landscaping strip and a tree-lined feeling. Mr. Knell replied that there would be trees on the Church side of the street.
Councilmember Bath commented on the curve in the road in front of the Church. Mr. Knell replied that it was necessary to line up 600 North between Main and 200 East. There was a discussion of the possibility of a future school being constructed on the north side of 600 North.
Mayor Ellertson asked if the off-street parking is adequate. Mr. Knell replied that 271 parking spaces were planned. The minimum standard for this size of chapel is 225 and the maximum is 250. They are over the maximum so he could anticipate no problems. Mayor Ellertson asked if there were any other questions or public comment. Mr. Colledge expressed support of the project and considered it a positive contribution to the city.
COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY THE L.D.S. CHURCH FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A STAKE CENTER MEETING HOUSE AT APPROXIMATELY 50 EAST 600 NORTH WITH THE PLANNING COMMISSION’S RECOMMENDATION ON FENCING, TO WIT: SOLID WHITE VINYL ON THE SOUTH AND WEST SIDES WITH A SIMILAR FENCE ON THE EAST SIDE BEING OPTIONAL AS THE CHURCH CHOOSES. THE RETAINING WALL WILL BE IMPLEMENTED INSTEAD OF THE SUGGESTED FILL SLOPE. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Preliminary Plat - LDS Stake Center Meeting House, Plat “A.” This is a request by Roger Knell, Architect, for preliminary plat approval for an LDS Stake Center Meeting House, Plat “A,” one lot, R1-20 zone at approximately 50 East 600 North. The Planning Commission has recommended approval.
Councilmember Dain asked if all the issues had been discussed. Mayor Ellertson asked about the remaining lots to the west. Mr. Smith replied that these will be residential lots. Mayor Ellertson asked if there was other questions, discussion or public input. There was none.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY THE L.D.S. CHURCH FOR PRELIMINARY APPROVAL OF A ONE-LOT SUBDIVISION, 600 NORTH CHURCH SUBDIVISION, PLAT “A” AT APPROXIMATELY 50 EAST 600 NORTH WITH THE FOLLOWING CONDITIONS:
1) BE MINDFUL OF UTILITIES NEAR OR UNDER THE TREES AT THE INTERSECTION OF 600 NORTH AND LOCUST AVENUE DURING RECONSTRUCTION.
2) INSTALL CURB AND GUTTER THE FULL LENGTH OF 600 NORTH.
3) INSURE ACCESS IS MAINTAINED TO 600 NORTH FROM LOCUST AVENUE DURING RECONSTRUCTION.
4) PREPARE AND IMPLEMENT A STORM WATER DRAINAGE PLAN FOR THE INTERSECTION OF 600 NORTH AND LOCUST AVENUE.
5) WAIT TO IMPLEMENT TRAFFIC CALMING MEASURES WHEN THE NECESSITY IS DETERMINED BY USE.
COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Acerson asked about the timing of this construction. He was told that the project would commence in the second half of 2002 or the first of 2003. There was a discussion of the plat expiring before the building permit was obtained. Mr. Knell was advised to get the building permit within six months or the plat would need re approval. The building permit would be valid for six months before they must start construction.
5. Preliminary Plat - Center Street Estates, Plat “A.” This is a request by Bill Bang, Developer, for preliminary subdivision approval for a residential subdivision, Center Street Estates, Plat “A,” 10 lots, R1-20 zone at approximately 800 East Center Street. The Planning Commission has recommended approval.
Mr. Smith reminded the Council of previous discussions and hearings on this project. He reported to them that the District Court has awarded the 28-feet of right-of-way as required. They have changed the road alignment, so he showed the old subdivision plat and compared it to the new one. He pointed out the temporary turnaround planned for the end of Center Street. He talked about planning for the future bridge over the Murdock Canal. He also noted that the developers plan to apply for R2 overlay project on Lot 10 later. Mr. Smith pointed out the 15-foot trail that will join the cul-de-sac to the existing trail. The Planning Commission recommendations include using the pathway cross section for the cul-de-sac, allowing area for a slope easement on Lot 10 for Center Street to rise to the correct elevation to bridge over the Murdock Canal, and an improvement in front of the Hal Richins property to gradually blend and transition Center Street with the existing pavement in front of the Bentley home.
Mayor Ellertson commented that this plan did not provide access to the back property of the Bentley and Richins families. Mr. Smith replied that the Bentley and Richins families would need to work together to put access between them into their back properties. Mayor Ellertson asked if there were any questions. Councilmember Bath commented on the amount of fill needed to reach the top of the canal. Councilmember Dain observed that it should be brought up to grade. Mr. Bill Bang agreed that they planned to bring it up to grade. Mr. Brad Olsen suggested that they bring it to within 20-30 feet from the canal levee and bond for the remainder. Councilmember Dain felt it was better to push it up to the bank and let the canal help hold the material in place.
Councilmember Bath asked about the improvement recommended for the Richins property. He wanted to see a better picture of how the street is and how it will be improved. Mr. Smith showed how the transition could be graded and asphalted. Councilmember Bath verified that the final width of the street would be a minimum of 28-feet. Mr. Smith confirmed this. Mr. Gordon Vanwagoner contested the width of 28-feet there. Councilmember Bath felt that the width in this and other narrow areas of Center Street should be a minimum of 28-feet. The conditions for subdivision approval of Center Street Estates were discussed. Mr. Vanwagoner commented that Center Street is a bottleneck. He requested a fence for the south side of the road to protect his agricultural fields. Mr. Dameron noted that requiring an agricultural fence of a developer is not an ordinance requirement. Mr. Smith was not sure whose responsibility it was to fence there. Mr. Vanwagoner replied that the subdivision was moving in on him and he would have kids in the barnyard and horses in the alfalfa. He wanted the fence to follow the edge of the asphalt. Mr. Dameron confirmed that he was suggesting a fence built of T-posts and barb wire.
Mr. Olsen pointed out that because there had been no cooperation from Mr. Vanwagoner, and other neighbors, the development had been subjected to tremendous expenses. Mayor Ellertson observed that the traditional solution has been for neighbors to share in the cost of the fence between them. Councilmember Bayless asked if the existing fence could be moved. She noted that it was 10-feet too far south and did not go far enough east. Mr. Vanwagoner suggested that the present fence be moved and the developers add to it to finish to the east. Councilmember Acerson pointed out that using old fence is not always economical. Mr. Olsen pointed out that the subdivision already had preliminary approval and those conditions had been met. They were seeking final approval, not more conditions. Mr. Smith commented that the plat had been changed from the one approved and this application is seeking preliminary approval. Mayor Ellertson reiterated that, in his experience, fence expenses were shared between neighbors. Mr. Vanwagoner discussed other situations that he was aware of that fences were required.
Councilmember Dain commented that the fence materials would probably cost less than $1000. He suggested that the neighbors split the costs. Mr. Vanwagoner referred to a letter from Mayor Greenwood and asked how the Council sees it applying to the current situation. He commented that the city had gone to great lengths to acquire the right-of-way for the water lines and secondary water lines that cross his property. The letter states conditions wouldn’t happen that are happening now. It says that the property owner must decide to develop. Mayor Ellertson observed that property owners have a right to access and should not be able to hold their neighbors hostage. Mr. Dameron pointed out that the Walker family had sold the parcel and created this situation. The conditions of the sale to the previous owner were outlined. Mayor Ellertson commented that nothing was recorded against the property. Councilmember Hatch observed that the agreement was with the previous property owner and not with the City.
Mr. Vanwagoner, referring to the letter and agreement with Mayor Greenwood told the Council that the easement for utilities is temporary and there can be no repairs to the lines unless the property owner agrees. He asserted that he wanted to make sure that “we are legal” and talked about having the lines removed from the property. Councilmember Dain observed that the City intends to still clean up as the agreement states. Councilmember Hatch stated that the least the City could do was to help on the fence.
Mr. Vanwagoner told the Council that all the family received for the property given to the developers by the Court is $260. He observed that a fence would make a big difference because the land and neighborhood would be impacted by these new residents. Mr. Olsen observed that they had been held up on this project for a year by the neighbors and they should not be impacted by an agreement between the old owners. Mayor Ellertson commented that the road and improvements will be dealt with in accordance with the ordinance and prior agreements. However, he felt that it was reasonable to expect the neighbors to split the cost of a field fence. Mr. Olsen agreed that the developers could live with sharing the cost of a fence if the Vanwagoners would leave the road open in front of Bentleys rather than fencing it off and causing a safety issue. Mr. Vanwagoner replied that the reason for fencing the street off is to protect the family from the loss of the property by common use. Mr. Smith agreed that it would be subject to a prescriptive easement. Mr. Bang pointed out that it would eventually be part of Center Street in the future. He added that it was asphalt now and would not be farmed ever again.
Councilmember Dain asked if the developers would help pay to move the fence. Mr. Olsen agreed that, to offer an “olive branch” to the neighbors, he would help with the fence. Mr. Vanwagoner observed that it was the subdivision which will create the problems anyway. Councilmember Hatch observed that the subdivision was changing the use of the property from farming to residential so should be responsible for the fence. Mayor Ellertson pointed out that there was not a fence in that location now. Councilmember Bayless commented that the City typically requires a fence when the neighboring uses need visual protection from an incoming use. Mr. Smith observed that a fence was used to mitigate the effects of an incoming commercial or industrial use on neighboring residential uses. He asked how the fencing requirement applies to two neighboring residential uses. Councilmember Bayless agreed that the use was not changing. Mayor Ellertson pointed out that the zone was not changing. Councilmember Bayless commented that theoretically it may not be the same, but to be practical the fence could be required solely to protect the neighboring use. Councilmember Hatch observed that the current use was an alfalfa field and the fence would keep people out. Mr. Bang observed that part of the fence would be separating one section of asphalt from another and the use would not be changing there either.
Mayor Ellertson suggested that the developers buy the materials, and Mr. Vanwagoner put in the fence. The parties agreed. Councilmember Bayless observed that Mr. Vanwagoner can only speak for himself, not for the rest of the family. The Council discussed the requirements of a standard fence– 4-feet of netting 6-inches above the ground, a piece of barb wire 4-inches above that with posts 10-feet apart. This would provide a barrier 5-feet high. Mr. Smith asked when the fence should be required to be finished. Mr. Olsen suggested that the materials would be provided to Mr. Vanwagoner within 60 days of the asphalt being installed for Center Street. He said that he would provide the materials and Mr. Vanwagoner will be responsible for putting the fence in.
Danny Bentley of 549 East Center and 811 East Center asked why his parents had been required to put in 44-feet of asphalt before a building permit was issued, and these developers were only required to put in 28-feet. He suggested that there is no consistency. He pointed out that his parents had been required to install curb and gutter, and yet Hal Richins had not put in curb and gutter. He expressed fears for the safety of children in the neighborhood with only 28-feet of roadway. He asked why there are changes in the requirements. Mr. Smith replied that the standards have not changed. He pointed out that the Bentleys had been reimbursed for the asphalt they had put in that was more than the standard width. Councilmember Dain pointed out that the developers would be putting in a turnaround at the end of the street that was more than 28-feet and when the Bentleys ended the street at their house, they had been required to put in more than 28-feet for a turnaround. Mr. Bentley again expressed concerns about consistency and pointed out that the portion of the road that his parents had put in on the Vanwagoner side would now be pointless. He expressed fears about what he will be required to do to build behind his parent’s house. Mr. Dameron observed that this is a compromise agreement that had taken a year to effect. Mr. Bentley has not expressed any concerns over the last year until tonight. Mr. Bentley commented that his neighbors have aired comments about how they have been “shafted by Lindon.” He declared that putting a fence on the road is a danger and he wanted to be put on the record.
Mayor Ellertson asked what the agreement was for the Bentleys to build. He wondered if they still have a 44-foot road easement. It was determined that an easement for the portion on the Vanwagoner side was not obtained. The pavement was installed on a “handshake agreement.” The Bentleys were also required to plan for a stub street to the north on their west side. It was determined also that stubs for utilities were in this location to go north also. Mr. Smith observed that in the future Center Street will be full width. Mayor Ellertson asked if there was a bond on the Richins property for curb and gutter. Mr. Dameron replied that this would be researched. Councilmember Dain explained to Mr. Bentley that sometime a homeowner is required to bond for improvements that are not put in at the time of construction. Mr. Bentley wondered if the back portion of his parent’s lot would be landlocked if the Richins do no want to develop. The deep lot ordinance was explained. Councilmember Bath observed that Mr. Bentley would be afforded the same opportunities as a developer to put in a 28-foot street with a turnaround on the family property.
Mayor Ellertson asked for a motion on the preliminary plat. Mr. Vanwagoner told the Council that he would still like to investigate what the letter from Mayor Greenwood means. Mayor Ellertson commented that Mr. Vanwagoner has the right to do that.
COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY BILL BANG FOR PRELIMINARY APPROVAL OF A 10-LOT SUBDIVISION, CENTER STREET ESTATES, PLAT “A” AT APPROXIMATELY 850 EAST CENTER STREET WITH THE FOLLOWING CONDITIONS:
1) CENTER STREET BE COMPLETED TO THE BANK OF THE CANAL AND TO A GRADE SUFFICIENT TO CROSS THE MURDOCK CANAL WITH A SLOPE EASEMENT FOR THE ROAD ON LOT #10.
2) A FIELD FENCE OF T-POSTS PLACED 10-FEET APART, 4-FEET OF NETTING PLACED 6-INCHES ABOVE THE FINAL GRADE AND A STRAND OF BARB WIRE PLACED 6-INCHES ABOVE THAT BE BUILT ALONG THE SOUTH EDGE OF CENTER STREET FROM THE BASKETBALL STANDARD TO THE CANAL. THE MATERIALS ARE TO BE PROVIDED BY THE DEVELOPERS WITHIN 30 DAYS AFTER THE ASPHALT ON CENTER STREET IS INSTALLED AND THE NEIGHBORING PROPERTY OWNERS TO THE SOUTH ARE RESPONSIBLE FOR INSTALLING THE FENCE.
3) THE STANDARD PATHWAY CROSS SECTION IS TO BE USED IN THE CONSTRUCTION OF THE CUL-DE-SAC.
4) NO DRIVEWAYS ARE TO ACCESS CENTER STREET.
5) A TRANSITION OF GRADING AND ASPHALT IS TO BE PLACED IN THE CENTER STREET RIGHT-OF-WAY IN FRONT OF THE HAL RICHINS HOME TO GRADUALLY MOVE TRAFFIC FROM THE PORTION OF CENTER STREET IN FRONT OF THE BENTLEY HOME TO THE EXISTING PAVEMENT TO THE WEST.
COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Review and Action - City’s Financial Audit Report for Fiscal Year 2000-2001. Michael R. Stoddard of the CPA Network, LLC, will present the city’s annual audit report.
Mr. Mike Stoddard and Victoria Richardson were representing the CPA Network. Mr. Stoddard directed the Council to the audit reports and the changes reflected from the last report. It was noted that the land reported as a fixed asset of $1.4 million had been turned over to UDOT. Mr. Stoddard replied that a memo entry will adjust this correctly. He noted a change to add the $7.4 million for the Jordanelle water shares and the amortized debt.
Mr. Stoddard discussed the findings of the report. He noted that Lindon City manages their budget very well. There was a discussion on the increment and certified tax rate calculations.
COUNCILMEMBER HATCH MOVED TO ACCEPT THE 2001-2002 LINDON CITY AUDIT REPORT. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action - Emergency Radio Operations Center. This is a proposal from Mr. Terry Gardner and Mr. Doug McKay to install and operate an Amateur Radio Emergency Services (ARES) Center in the new Lindon Fire Station #1. The Council is being asked to fund the equipment purchases needed in the approximate amount of $3,170.
Mr. Doug McKay reported that, pursuant to the last discussion, it had been decided that it would not be feasible to locate on the Sprint tower. Councilmember Dain asked the height of the antennas. Mr. McKay replied 18-feet. Mayor Ellertson asked the width. He was told the antennas were one inch whip-type. Mr. McKay added that a tripod mounting with a mast and antenna were needed. Councilmember Dain specified that these are mounted on the back of the roof, not on the cupola. Mr. McKay reported that the need was for three antennas. Councilmember Dain asked how far apart the antennas were required to locate. Mr. McKay replied that the distance depends on the wavelength. Councilmember Dain repeated that the antennas should be on the back side of the roof and not show in front. Mr. McKay acknowledged that the Council wanted the antennas hidden as much as possible. He added that the best configuration would be one antenna in front, one on the cupola and one on the rear, but they can all be on the rear roof.
Councilmember Dain asked who would perform the installation. Mr. McKay replied that it would be professionally installed if that is what the city requires. Councilmember Dain commented that a lift from the fire department might be arranged. Mayor Ellertson asked if the mounting could be put inside the roof and through the ridge.
Mr. Paul Jensen, liaison for the Sheriff’s office, said that there would be fewer holes in the roof if the antennas are mounted on top. He commented that the mounting is a tripod. Mr. Dameron observed that if the tripod is a four-foot pedestal and not part of the antenna, the pedestal part could be put inside and just the antenna would be through the roof. Mr. Jensen said that the extra height and separation from the metal roof are needed. The mounting and guy wires were described and discussed. Mayor Ellertson suggested that the money for the proposal be allocated and the details of the installation be worked out with the building architect. Councilmember Acerson agreed.
There was a discussion of moving the installation to the City Building. The equipment, space needs and security were discussed. It was noted that operator licensure is required. It was decided to remain in the fire station. Mr. Dameron suggested moving the EOC to the fire station to facilitate communications. Councilmember Dain agreed that the bigger room in the fire station may be better to stage emergency operations. Mayor Ellertson commented that this may be part of his community-based initiative.
COUNCILMEMBER BATH MOVED TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $3,000 FOR EQUIPMENT PURCHASES TO IMPLEMENT AN EMERGENCY RADIO OPERATIONS CENTER IN THE LINDON FIRE STATION #1. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. Review and Action - Agreement for Utah County Bookmobile Services. The City Council will consider an agreement between the Utah County Bookmobile Library Board and Lindon City to provide bookmobile services to the city for the next calendar year (2002).
Councilmember Dain commented on the numbers shown using the bookmobile. Mr. Dameron observed that the amount keeps dropping. Councilmember Acerson added that the cost per person is increasing yearly. The amount of the agreement was ascertained. Mr. Dameron suggested adding this amount to the library reimbursement. Mayor Ellertson asked if Lindon does not use the service, where does it go to. Harlow Clark, member of the Library Board, told him that the Library Board’s main concern is to increase circulation in Lindon, but there are others that need the services offered.
Mayor Ellertson observed that if the cost of the service is not used for Lindon, it may be allowed to benefit someone that really needs it. He asked if the numbers reflected in the report are how many are using the bookmobile or the number of family cards. Councilmember Acerson commented on the times he has seen the bookmobile with no one using it.
Mayor Ellertson suggested that Mr. Dameron talk to Mr. Walker. He noted that it is his belief that the bookmobile may be better utilized elsewhere. Councilmember Dain commented that he felt wrong somehow that the public’s perception might be that the Council does not support reading, but he knew the program was struggling last year. Mayor Ellertson suggested that the school libraries are improving, in addition the internet has affected the use of the bookmobile.
COUNCILMEMBER DAIN MOVED TO DISCONTINUE THE BOOKMOBILE SERVICE AND INVESTIGATE THE POSSIBILITY OF BETTER UTILIZING THE CITY’S RESOURCES BY USING THE FUNDS TOWARD THE LIBRARY CARD REIMBURSEMENT PROGRAM. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson commented that he hopes the Library Board understands Lindon’s decision to discontinue service.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain commented on the Christmas Party. The total cost was disclosed as $2200. The party was discussed.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch reported a proposal for a new landfill in Greenriver. He also reported that a resolution is needed for the disabled home in Hollow Park to allow Gene Carly to put in a request for funding. Mr. Dameron will follow up with Mr. Carly.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless had no report for this week.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath also had nothing to report this week.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that he had heard from residents who had their call dropped while passing the Sprint towers at the Junior High School. He also asked about the color of the towers and the location of the flags.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Directed attention to a proposed ordinance on indecent public display. The ordinance was discussed.
2. Noted City Engineer Mark Christensen’s memo on the intersections of $00 400 North 600 East and 630 North 400 East. The memo was discussed.
3. Presented a proposed agreement to clarify the tax increment agreement with Johansen Thackeray. The proposal was discussed. Mr. Dameron was asked to invite the proposers to a work session.
4. Announced a curbside Christmas Tree pick up program by BFI on January 16. Trees may be dropped off at the Public Works Complex through January 31, 2002.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN AT 11:40 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - January 15, 2002
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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