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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2000 Council Minutes » December 19, 2000
December 19, 2000
The Lindon City Council held a regular meeting on Tuesday, December 19, 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: Jerald I. Hatch
Invocation: Jeff Acerson
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
Lindsey Bayless, Councilmember
Jerald I Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
ABSENT
Toby Bath, Councilmember
James A. Dain, Councilmember
REGULAR SESSION
The meeting began at 7:27 p.m.
MINUTES - Since Councilmember Bayless had not arrived a quorum of council members was not present, Mayor Ellertson asked if there was anyone here to address the Council for the Open Session. It was noted that Mr. J Var Gillman was present, so the review of the minutes was delayed.
OPEN SESSION - Citizen’s comments
J Var Gillman, 610 W. Lakeview, introduced himself as the President of the Lindon Hollow Water Company. He informed the Council of some problems with inadequate storm water removal. He said that flooding was occurring in the main ditch by the Bowling Alley to the Church on 60 South. Mr. Dameron asked if that ditch had been cleaned recently. Mr. Gillman told the Council that the problem was not the weeds in the ditch but the fall or slope of the ditch. He said that the ditch at any point was nearly level and did not slope enough to contain the run-off. He suggested that a new ditch or pipe be installed at 550 West Lakeview Road and direct the water directly to 800 West, send it north to the drainage ditch by Gwen Maxfield’s new home at 258 North 800 West, then send it to Geneva Road and the new UDOT detention pond. He noted that the new pond was not adequate and filled in 20 minutes. Mayor Ellertson suggested that Mr. Dameron have the City Engineer get in touch with Mr. Gillman to discuss this situation. Other problem ditches were briefly discussed. Mayor Ellertson thanked Mr. Gillman for his concern and hard work.
(Councilmember Bayless arrived at 7:35 p.m.)
MINUTES - Review of the minutes of November 21, 2000 and December 5, 2000.
The minutes of the regular meeting of November 21, 2000 were reviewed. The following corrections were made:
Page 5, Line 42: Add the word “be” before the word “responsible.”
Page 10, Line 1 & 2: Add the word “the” before the word “Panorama” and “Storm Water Detention” before the word “Basin.”
Page 10, Line 22: Replace the words “inquired into” with the words “reported on.”
Page 11, Line 13-16: Add the phrase “reported on a meeting of the Utah League of Cities and Towns where the Legislative Action Policy Committee” before the word “noted.” Replace the word “an” with the phrase “a requested” before the word “increase.” Add the phrase “reimbursement rate of the” after the word “Medicaid.” Replace the word “said” with the words “also reported from the meeting” before the word “that.” Replace the word “. He” with the word “and” before the word “observed.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF NOVEMBER 21, 2000 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
The minutes of the regular meeting of December 5, 2000 were reviewed. The following corrections were made:
Page 7, Line 9: Replace Change the word “indicated” at the end of the sentence to “needed.”
Page 7, Line 10: Delete the word “the” before the word “generalizing.”
Page 8, Line 22: Add the phrase “24 hours a day, 7 days a week” and parentheses around the number “24/7" before the word “shifts.”
Page 11,Line 25&26: Replace the phrase “had 275 days to complete the project and would” with the word “should.” Replace the year “2001" with the year “2002.”
Page 11, Line 35 Add the words “Public Safety” before the word “Coordination.”
COUNCILMEMBER ACERSON MOVED TO APPROVE THE MINUTES AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
MAYOR’S COMMENTS/REPORT
Mayor Ellertson urged members of the community to give blood. He commented that hospitals in Utah use 375 pints of blood a day and that every 8 minutes someone in Utah needs blood. He also noted that although only about 5% of the population donates blood, over 70% would need blood at some time in their life.
Mayor Ellertson reported that he was continuing to work with trails and in particular, the Murdock Canal Trail with the Provo River Water Users Association. He added that he was working to get approval for the trail, and “hopefully, making progress.”
Mayor Ellertson promoted the Book, Food, and Computer drives being conducted at City Hall. He pointed out the boxes in the Lobby and asked citizens to support these worthy projects. The closing dates for the Book and Food Drives is December 31, 2000. The Computer Drive is closing mid-February 2001.
Mayor Ellertson reported that he had attended the Groundbreaking Ceremony for the Pleasant Grove/Lindon I-15 Interchange Project on December 13, 2000.
BUSINESS
1. Public Hearing - Ordinance Amendment - Building Height - Hillside Protection District. The City Council will hear public comment and possibly act to amend Section 17.57.160 defining the building height requirements within the Hillside Protection District. Staff presented this item to the Planning Commission on December 13, 2000. The Planning Commission continued the item until their meeting on January 10, 2001. Therefore, staff recommends that the Council continue this item until a recommendation is received from the Planning Commission.
The Mayor asked if there was anyone present for this item. There was no one.
After discussion, COUNCILMEMBER HATCH MOVED TO CONTINUE THE PUBLIC HEARING CONCERNING AN ORDINANCE AMENDMENT TO SECTION 17.57.160 TO THE REGULARLY SCHEDULED MEETING ON JANUARY 16, 2001. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Appeal - Denial of Conditional Use Permit by Planning Commission. Steven H. Miller, Facility Manager for Aseptic Services, Inc. located at 85 South 1385 West, is appealing the Planning Commission’s denial of a conditional use permit for his firm.
Planning Director Kevin Smith informed the Council of the history of this conditional use application with the Planning Commission. He told the Council that Aseptic Services had applied for a conditional use permit in June 2000 and were given several conditions to comply with before issuance of the conditional use permit. Aseptic Services set up in the building and Mr. Smith noticed that trucks with bio-hazard stickers were parked alongside the building. In August 2000, Aseptic Services appeared before the Planning Commission again and some of the conditions had not been met. The conditions required were drawn to the attention of the Council in the minutes of the Planning Commission Meeting of August 23, 2000. Mr. Smith reported that he had checked with the Divisions of Solid & Hazardous Waste and Air Quality for their report on the handling of medical waste by Aseptic Services. He said they reported that Aseptic was in compliance with their regulations and the business posed no threat to the community. The next meeting of the Planning Commission with Aseptic Services was on October 25, 2000 where the Commissioners found substantial failure to comply with the conditions imposed on August 23, 2000, noted continued operation without a conditional use permit from Lindon City, ordered complete removal of all medical waste from the premises within 30 days, and recommended that the business be shut down and fines imposed. Mr. Smith observed that Aseptic Services had been given 4 months to meet the requirements of the Planning Commission.
Mr. Steven H. Miller, Facilities Manager for Aseptic Services, told the Council that he had been employed by Aseptic Services in the last week of September. He gave the Council a brief history of his experience and expertise in the fields of hazardous waste handling and management. He commented that he walked into a company that was in sad shape. He acknowledged that the company had moved, set up and operated illegally. The owners had ignored issues of compliance and had kept these issues from him. He noted that the issues raised at the meeting with the Planning Commission on October 25, 2000 were a complete surprise to him.
Mr. Miller told the Council that Aseptic Services collected medical waste from 100 businesses in Utah. These medical waste products were being diverted from the landfill sites. He noted that the company was in compliance with Federal and State requirements now, and vouched that he would have things put together for Lindon City soon. He said that he is building the finances of the company and only needed to come to terms with Orem City. Mr. Miller noted that he had not located the proper officials in Orem City to set up a payment plan for the fine imposed. He admitted that the business could have handled things better with Orem City.
Mr. Miller asserted that Aseptic Services provided an important service to the community, noted that they were not an incinerator, but a starved-air pyrolysis process. He told the Council that the business was heavily monitored by State Agencies for safety. He also noted that this small company was in competition with much larger companies and was struggling.
Mayor Ellertson asked the reason behind the relocation of the company from Orem to Lindon. Mr. Miller replied that desperation seemed to be part of it. He said that there were problems not only with Orem City, but also with the landlord of the building they were in. Mayor Ellertson asked Mr. Miller to explain the problem with the sewer that precipitated the fines from Orem City. Mr. Miller described the process used and then noted that the previous unit had been installed with a wet scrubber and the employees had created an open outlet to the sewer system which they continued to use after notice was given by Orem City. The wet scrubber put out waste water with a high acidic factor. Now, he observed, steps had been taken to solve the problem with a dry scrubber and no drains in the unit were open at all.
Mayor Ellertson observed that usually a special building is built for processes so technical. Mr. Miller stated that normally that is the case, however, this pyrolysis unit had been built to be mobile. He demonstrated with a picture how the machine works. Mayor Ellertson asked what the byproducts of the process were. Mr. Miller replied that oxygen, nitrogen and water exited the process. Mayor Ellertson asked if the permits from the State of Utah had been obtained for the move from Orem to Lindon. Mr. Miller responded affirmatively. Mayor Ellertson asked if the City should be made aware of any environmental or toxic concerns. Mr. Miller answered that toxic waste was possible, but not probable, because of the unknown contents of boxes shipped to them. Mr. Miller observed that the company had to pass an environmental test every year for pollutants going up the stack. He said the machine was tested at 95% of capacity and the test was conducted by an independent analysis company. Mayor Ellertson confirmed that the process was not similar to the process of disposing of chemical warfare weapons at Tooele Depot. Mr. Miller assured the Council that no items that toxic would be processed by this company. Mr. Smith told the Council that he had talked to the Division of Solid and Hazardous Waste, who assured him that the process was not a danger to the community and the Division had no concerns about the location of this business in Lindon.
Mayor Ellertson asked Mr. Miller if the machine had been used. Mr. Miller assured the Council that the machine had only been set up and was not operational yet. He would need another month of work to complete the machine to functional status. He observed that electrical generation was a byproduct of the machine and that the company may use the output or they may sell it. He told the Council that the FERQ license had been applied for, but would not be issued until the machine was operational and could be tested.
Mr. Smith brought the discussion back to the fine owed to Orem. He remarked that an attempt had been made to pay the fine, but the check had been stopped by the company and was still outstanding. Councilmember Acerson observed that a payment plan with Orem needed to be set up. The Council asked about the delay in payment of the fine and Mr. Miller replied that the owner has not felt that the fine is warranted, but now accepts that it needs to be paid. Councilmember Bayless observed that Lindon City had been notified that a fine had been levied on Aseptic Services 3 ½ months ago and only now was a payment plan being considered.
Councilmember Acerson observed that he had studied the flow chart of the process and wondered about the disposal of the contaminated water. Mr. Smith said that the contaminated water could be disposed of at Indian Oil. He would be checking with Indian Oil to verify their license to dispose of contaminated water. Mayor Ellertson asked if there would be any disposal of solid waste from the process. Mr. Miller replied there was minimal ash that would be drummed up, sampled, and disposed of prudently.
Councilmember Bayless told the Council and audience that she was struggling with the company practices. She feels that Mr. Miller is doing his best, however, she felt the company showed a threatening approach by ignoring City ordinances. She pointed to a process that seems to be mostly experimental and said, “They haven’t answered their own questions.” She expressed the opinion that she was not confident that power generation was their primary focus, but medical waste disposal seemed to be. In fact, she asserted, from the descriptions of the process and machine, power generation may not happen at all. She concluded that she was not comfortable with the company’s history with Lindon City.
Mr. Smith said that the zoning ordinance allowed power generation as a conditional use, but medical waste disposal was not a permitted use at all. He also proclaimed that he was not convinced that Aseptic Services was an electrical provider. Mr. Miller told the Council that his business was deemed a light industrial use. Mr. Smith explained the chart used as part of the zoning ordinance and told the Council that refuse incineration was not a permitted or a conditional use of the MD zone. He also said that when explaining to Mr. Kali about incineration not being a permitted or conditional use, Mr. Kali “jumped” on the power generation as a conditional use.
Mr. Miller told the Council that the company had passed the fire marshal inspection and that in fact, the fire marshal had gone over the unit very thoroughly before issuing an inspection report of substantial compliance. Mr. Smith pointed out that the fire inspection was only one of the conditions imposed by the Planning Commission. Mr. Miller asked Mr. Smith and the Council what objections they had to a medical waste transfer station.
Councilmember Bayless explained that the business had violated the law by conducting a business without the proper permits. Mr. Miller admitted that paying the conditional use permit fee did not constitute permission to operate, but felt that the business was trying to comply now and did not present a safety threat to the citizens of Lindon. Mr. Smith confirmed that the City did not have a concern over the safety of the citizens, just the fact they were an illegal business. He noted more cooperation since Mr. Miller had assumed the position of facilities director. Mayor Ellertson observed that the owners knew the business needed permits because they had operated the business before in Orem. Discussion of the business knowledge of the owners was held. Discussion of the ordinance and whether it applied to a medical waste incinerator was held. Mr. Smith observed that he felt the medical waste incinerator was not allowed by the present ordinance. He also was disturbed by the track record of the company in observing the ordinances.
City Attorney Gordon Duval also reviewed the ordinance and felt the conditional use was not allowed. He gave his opinion that a basis for denial was found in the fact that the Council could find no reasonable assurance of compliance to conditions set. He said that a recourse for Mr. Miller might be application to amend the land use code.
Mr. Miller asked the Council to consider allowing Aseptic Services to continue to operate. He asked that conditions be set rather than an outright denial of the conditional use permit. Councilmember Bayless expressed opposition to this request. She cited the facts that the land use code did not allow for this use and the track record of the company. She felt that denial of the conditional use permit was indicated and objected to “trying to find a way to keep doing something that you are not supposed to be doing.” Councilmember Acerson suggested a continuance until an agreement was worked out with Orem as an initial step before making any changes to the ordinance. Mr. Miller asked not to be put out of business. He stated that the company had obligations and contracts to serve their customers. He was willing to apply to have the land use code amended but was wary of the time needed to complete that process. He asked again for conditions that would allow him to operate.
Mayor Ellertson asked Mr. Miller if his operation could be described as a warehouse, or as a transfer station. Mr. Miller was not sure how his operation could be defined and stated that he was in a “Catch 22" position. He needed to operate. Councilmember Bayless pointed out that the company had already taken 3 ½ months and still did not comply. Mr. Miller said that he could move to another facility but would prefer not to. Councilmember Hatch commented that he was not favorably impressed with the fact that the owner was not present at this hearing. Mr. Miller indicated that he had asked the owners not to appear. Mayor Ellertson suggested continuing the appeal to the next regularly scheduled meeting on January 2, 2001 so that staff could research the ordinance to see what business use could possibly be approved. Councilmember Acerson commented that it would bode well if Mr. Miller could supply the Council with information concerning a payment plan for the Orem fine.
Mr. Duval commented, after reviewing the code book, that general warehousing is a permitted use and other warehousing is a conditional use. He was not sure, however, what definition Aseptic Services would fall under. Mayor Ellertson asked Mr. Duval for his opinion on how the City could allow Mr. Miller to operate. Mr. Smith commented that if any other business had applied for a conditional use permit and if it was denied for the wrong use, it could be remanded back to the Planning Commission to consider the correct use. Mr. Duval replied that in his opinion the best course of action would be to deny the conditional use permit, but not make the denial effective; grant a stay to allow the applicant to reapply to the Planning Commission for a conditional use permit for the correct use.
Councilmember Acerson clarified with Mr. Miller the reasons for leaving Orem. He reminded Mr. Miller that the business had been functioning in Orem legally except for the fines. He wondered how long the business had been in Orem. Mr. Miller was unaware of the time frame for the business being in Orem, but a member of the audience said that Aseptic Services was in Orem for 2 years.
Councilmember Bayless suggested a condition of no medical waste being transported in or out of the business. Mayor Ellertson suggested a possible remedy of applying for a conditional use permit for an “other warehouse-like” operation. Mr. Miller reiterated that the business was no threat to the public. He just needed time to resolve the issues. Mr. Smith concurred with Mr. Miller that the business was no threat and noted that truckloads of much more dangerous materials were going through town on the freeway daily. Mr. Miller assured the Council that the medical waste was being handled in an appropriate manner. Councilmember Acerson noted that the business had received Chief Hales approval in a fire inspection.
Mr. Dameron asked Mr. Duval what kind of motion he would suggest to the Council. Mr. Duval replied that the motion should uphold the Planning Commission decision, but stay the order for denial and remand it to the Planning Commission until they have had an opportunity to consider a new application for another use. Mr. Dameron suggested that Mr. Miller apply to change the land use code at the same time.
COUNCILMEMBER ACERSON MOVED TO UPHOLD THE PLANNING COMMISSION DECISION, BUT ORDER A STAY AND REMAND THE ITEM BACK TO THE PLANNING COMMISSION UNTIL THE PLANNING COMMISSION HAS HAD AN OPPORTUNITY TO CONSIDER A NEW APPLICATION FOR A DIFFERENT USE. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COUNCILMEMBER BAYLESS WHO VOTED NAY. THE MOTION FAILED TO CARRY.
Councilmember Bayless explained that she was concerned about sending this back to the Planning Commission for a different type of business than originally applied for on the conditional use application. She also explained that she was not hesitant about the type of business operated by Aseptic Services, just with the operation of the business. Councilmember Acerson asked if she was concerned about the business being set missing deadline after deadline that was missed set or just ignoring the conditions that had been set. Mayor Ellertson asked what damage would this cause the City of Lindon by continuing the operation for a short period. Councilmember Bayless replied that the damage was no response by the business to the conditions. Mayor Ellertson observed that he felt they were responding. They had met all the conditions but two. He also felt that the business could not be just shut down overnight and “stopped cold.”
Councilmember Bayless replied that the company had been in violation for months and the situation had still not been resolved. She didn’t feel like the City was maintaining control of the situation and the company was deliberately ignoring the conditions set. Mr. Duval disagreed with Councilmember Bayless and asserted that a “stay and remand” retained City control of the situation because the business had to report to the Planning Commission on their progress. He also said that gave the City time to research the definition of a general warehouse business to see if this business complied with that description. He pointed out that a business operating a general warehouse was a “permitted” use under the zone. Councilmember Bayless reluctantly withdrew her “nay” vote. Councilmember Hatch observed that this discussion should send a message to the owner about compliance. Councilmember Acerson commented again on the perceived “business knowledge” of an owner by pointing out that the owners of Wordperfect had started business without a basic knowledge of business practices.
THE MOTION WAS RESTATED. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Preliminary Plat - Gateway Technology Center, Plat “C”. This is a request by Johansen/Thackeray for preliminary approval of Gateway Technology Center, Plat “C”, a 16 lot subdivision at 600 South 600 West. With approval of this subdivision, all the vacant property on this site will be subdivided.
Mr. Smith presented an overhead of the proposed plat map to the Council and noted that the plat included 9 residential lots, 5 research/development lots, and 2 commercial lots. He told the Council that the Planning Commission had reviewed the application and recommended approval of the preliminary plat with 4 recommendations: 1) that the plat and improvement plans show a meandering sidewalk throughout the project; 2) multi-use trails and pathway easements be shown on the north and west sides of the project; 3) consider using the 20 foot storm drainage easement between lots 3 and 4 for trail access to the project; and 4) cross easements for traffic circulation be considered. Mr. Smith commented that City Engineer Mark Christensen had reviewed the cross easements and did not feel they were necessary. The lender for Exodus Communications (the purchaser of Lot 12) had also raised an objection to cross easements and would not fund the project if it was required that access be provided for the neighboring lots. Mr. Thackeray was present to represent the developers.
Mayor Ellertson clarified that Exodus was a prospective owner, not a current owner. Mr. Smith told him that part of the approval process with the Planning Commission was approving a metes and bounds description of lots 12, 14 and the road dedications for the sale of those lots prior to recording of the subdivision to meet construction deadlines. Mr. Dameron commented that once the subdivision plat was recorded, it would overlay and supersede the metes and bounds descriptions.
Mayor Ellertson asked for clarification of the cross easement problem. Mr. Smith showed the Council the proposed cross easements discussed by the Planning Commission and discussed their reasoning with the Council. He commented that the potential owner and the lender both had problems with accepting a requirement of cross easements. Mayor Ellertson observed that cross easements only work if they are mutually worked out. It was noted that the remaining property owned by Johansen Thackeray could accommodate cross easements and so cross easements did not have to be required for Lot 12. Mr. Thackeray described the building to be constructed on Lot 12.
Councilmember Bayless observed that a 3-story building was proposed for Lot 14 “A” and reminded Mr. Thackeray of the discussion at a previous meeting about building height adjacent to the residential zone. Mr. Thackeray assured the Council that Canopy (proposed owner of Lot 14) was aware of the issue. Councilmember Bayless requested that a note be added to the minutes that any building constructed adjacent or nearby the residential zone will not be 3-stories or more, but the height allowed will be adjusted by the setback distance from the residential zone as determined by an ordinance currently pending and under consideration by the Planning Commission and the City Council.
Councilmember Bayless asked about possible plans for a wall along the trail easement to protect neighboring property owners from pedestrian and equestrian traffic. She mentioned that Mr. Ted Lott had raised questions about this issue at the Planning Commission after Mr. Armand Johansen had received approval of the preliminary plat and left. Mr. Smith commented that the ordinance requires a 7 foot masonry wall on the boundary of residential and business zones. He also said that he felt an easement or dedication should be required for the trail access from 200 South.
Mayor Ellertson asked about the location of the access trail and the size of the lot frontage on 200 South. He wondered if the lot frontage could be adjusted to allow for the location of the trail. The Councilmembers discussed favored locations for the trail access. Councilmember Hatch suggested that since Lot 9 had the widest frontage, it may be the ideal candidate for the trail easement or dedication. That location in relation to other trails and sidewalks and options for tying into existing or proposed trails and paths were discussed. The Council and Mr. Thackeray agreed on the proposed access through Lot 9. Mayor Ellertson asked Mr. Thackeray to work with the City and with Canopy on these issues of building height and pathways. Mayor Ellertson reviewed the agreement to place a multi-use trail/pathway on the east side of Lot 9, then continue the multi-use trail across the back of Lots 14, 13, 10 and along 800 West on Lots 10 and 11. The pathway will continue to the front south and east sides of Lot 14 to 400 South.
Councilmember Hatch asked about placing a wall on both sides of the trail through the east side of Lot 9. Mr. Thackeray did not feel the residents would really want a wall that high on their property line. Mr. Dameron raised the question of public safety in the alley that would be created by building walls. Mr. Thackeray commented that the alley would need to be lighted to be safe. Mayor Ellertson suggested that the lot owners may have their own ideas for a fence to protect their property from the trail easement.
Councilmember Hatch asked if Mr. Thackeray could foresee a problem with employees of the businesses proposed in the adjacent zone using 200 South for parking and walking through to their place of employment. Mr. Ken Burton of 610 West 200 South presented his objections to the Council concerning the question of parking along 200 South. He cited the example of 400 West South and the employees there using on-street parking for overflow parking. Mr. Thackeray suggested that if parking becomes an issue, then cut off access to the trail. Mr. Dameron suggested not allowing on-street parking on 200 South.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY JOHANSEN THACKERAY FOR PRELIMINARY APPROVAL OF LINDON GATEWAY TECHNOLOGY CENTER, PLAT “C”, A 16 LOT SUBDIVISION, INCLUDING THE RECOMMENDATIONS OF THE PLANNING COMMISSION, HOWEVER, CHANGING RECOMMENDATION 3 TO REQUIRE A DEDICATION OR EASEMENT OF A TRAIL/PATHWAY ON THE EAST SIDE OF LOT 9 AND ACROSS THE BACK OF LOTS 14, 13, 10 AND ALONG 800 WEST ON LOTS 10 AND 11, AND ENCOURAGING THE DEVELOPER TO WORK WITH CANOPY ON A PATHWAY ACROSS THE EAST SIDE OF LOT 14. ALSO, ADDING THAT THE CITY IS WORKING ON NEW HEIGHT GUIDELINES FOR BUILDINGS ADJACENT TO OR NEARBY RESIDENTIAL ZONES AND CANOPY BE MADE AWARE THAT HEIGHT RESTRICTIONS MAY BE REQUIRED ON THE PROPOSED LOTS C AND D OF LOT 14 WITH APPROPRIATE SETBACKS FROM THE PROPERTY LINES. THE MOTION TO APPROVE INCLUDES A METES AND BOUNDS DESCRIPTION OF LOTS 12, 14 AND THE ROADWAY EASEMENTS FOR SALE PRIOR TO RECORDING OF THE PLAT, AND THE CONDITION OF A NOTE ON THE PLAT CONCERNING THE REQUIREMENT OF MEANDERING SIDEWALK. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Preliminary Plat - LDS Ward Building. This is a request by the LDS Church for preliminary approval of the Lindon 4, 8, and 12 Wards Building, Plat “A,” 2 lots, at 300 North 550 East. One lot of this subdivision was formerly Rhoades Subdivision, Plat “B,” Lot #5. Therefore the Rhoades Subdivision, Plat “B,” Lot 5 should be amended and included within this new plat.
Mr. Smith presented this preliminary plat to the Council and explained that because of the placement and construction of 300 North as required by the City Engineer there is a 2 foot remnant strip remaining of the Church property along the north side of Lot 5, Rhoades Subdivision. The LDS Church has negotiated with the owner of Lot 5 to amend his description and give the strip to him for his maintenance. The larger remnant parcel to the east of Lot 5 is a larger parcel and will be retained by the LDS Church and maintained by them. Mr. Frampton, owner of Lot 5, will sign the plat acknowledging the change in his property lines.
After discussion, COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY THE LDS CHURCH FOR PRELIMINARY APPROVAL OF THE 4, 8, AND 12 WARDS BUILDING, PLAT “A”, A 2 LOT SUBDIVISION AND AMENDING LOT 5, RHOADES SUBDIVISION, PLAT “B,” WITH THE REQUIREMENT THAT THE CHURCH MAINTAIN THE REMNANT PARCEL EAST OF RHOADES SUBDIVISION. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action - Beer License Application. Kevin Coleman, manager of the Tri-Mart Convenience store and gas station at 840 West 600 South, has applied for a retail beer license. A retail beer license was issued to the previous business in this location under Mike’s Texaco. However, the license is not transferrable. Therefore, Tri-Mart must have a license to sell beer under its own name. The ordinance requires City Council approval of this license before it can be issued.
Mayor Ellertson noted that the prior market had a permit, but the license does not transfer, so this is a re-application under a new name. The Council reviewed the license application and found that all requirements had been favorably met. Councilmember Bayless observed that there were no grounds to deny.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE APPLICATION FOR A CLASS “A” BEER LICENSE BY KEVIN COLEMAN FOR THE TRI-MART CONVENIENCE STORE AND GAS STATION LOCATED AT 840 WEST 600 SOUTH. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Presentation - City’s Financial Audit Report for Fiscal Year 1999-2000. Michael R. Stoddard of the CPA Network, LLC, will present the city’s annual audit report to the Council.
Mr. Stoddard presented the city with a clean and unqualified opinion on the state of the City finances for the past year. He directed the Council to changes in the report from the previous year. He noted the schedule showing the expenditure of the federal award and directed the Council to the more detailed supplementals. Mr. Stoddard observed that the General Fund exceeded Utah State statutory limits by $140,000, but offered that the State was more concerned about deficits than overruns. He noted the disposition of bond proceeds shown on pages 29 and 30, a major change in the fund balance of Contributed Capital due to the federal grant, and the findings listed on page 57. He commended the City on the handling of their finances.
Mr. Dameron expressed his pleasure at working with Mr. Stoddard and stated that he found him very helpful. Mr. Stoddard expressed his appreciation of the positive environment that exists in the Lindon City Offices. He noted that a transmittal letter to the Federal Government would be delivered to the City for enclosure with the financial statements.
COUNCILMEMBER BAYLESS MOVED TO APPROVE AND ACCEPT THE AUDIT REPORT FOR FISCAL YEAR 1999-2000 SUBMITTED BY MICHAEL STODDARD FOR CPA NETWORK, LLC. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain was excused.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch reported that the developers of the proposed Garden Island Golf Course will be paying the lease payments as scheduled and will be commencing development.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless had nothing to report.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath was excused.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that the pothole at the traffic circle on 400 North 400 East had been patched and the loose brick replaced. Councilmember Bayless asked about the timetable for completion of the crosswalk striping. Mr. Dameron explained the difficulties experienced by the Public Works Director in scheduling the striping crew for a good-weather day. He suggested the possibility of purchasing a striping machine and graffiti blaster for the City. Mayor Ellertson asked about the possible disruption of the contract with the “Teens Against Graffiti” through the Fourth District Court. Mr. Dameron did not feel the purchase of the machine would alter the contract.
ADMINISTRATORS REPORT
Mr. Dameron:
1. Reminded the Council of the Family Christmas Party to be held on Friday, December 22, 2000 at 12:00 noon.
2. Reported that three Public Hearings would be scheduled for the regularly scheduled meeting on January 16, 2001. These are hearings to consider the height of buildings in the Hillside Protection Overlay, to consider amending the sign ordinance to allow the relocation of a billboard, and to consider the amended General Plan.
3. Reminded the Council that the next regularly scheduled meeting is January 2, 2001 at 7:00 p.m.
4. Asked the Councilmembers to sign the Amended and Restated Tax Increment Agreement for the Johanson Thackeray project.
5. Inquired if the Councilmembers would like to consider the proposed resolutions concerning redlined employees, change orders, and reduced room rental for piano recitals at their next meeting. The Councilmembers, Mayor Ellertson, and Mr. Dameron discussed specifics of the proposed resolutions and decided to schedule discussions in a Council Meeting.
6. Directed Councilmember’s attention to a letter concerning promotion of high-speed Internet access within the City. He asked their opinion of whether the City should promote and encourage this service to City residents. He was asked to check into what services are available and where they may have to be extended from. It was mentioned that Airswitch had a current franchise agreement with the City for high-speed Internet access.
7. Verified the expenditure of $300 to the Chamber of Commerce for the sponsorship of the Man and Woman of the Year dinners. The Council agreed to fund this item.
8. Asked if the information on the curb and gutter alternative adopted in North Logan should be considered at the February Retreat. The Council replied affirmatively.
9. Presented options on the east-side park property.
10. Asked the Councilmembers to sign the thank you letter to Phil Nye at Utah Power & Light for assistance with the City Christmas decorations.
11. Informed the Council that Mr. Smith had received approval from the Utah County Commission to waive the property taxes due on a parcel desired by the City for the trails system which is now in bankruptcy court. The taxes due on the parcel exceeded the value listed in the bankruptcy. The City will purchase the .6 acre parcel located north of Fred Bentley’s property and adjacent to the Murdock Canal on the current trail system from the bankruptcy court for $5000.
12. Discussed a proposal by Paul Fage to Quit Claim portions of right-of-way for Canal Drive near his son’s home. He explained that in order to widen Canal Drive to the full width of the right-of-way, the road would come within approximately 3 feet of one home’s porch. Because of this, the home would have to be bought to consider widening the road. Three other neighbors in that same area have similar situations. Since the property would have to be bought, Mr. Fage proposed that the City Quit-Claim anything behind the curb to all 4 of the property owners along the narrower section of Canal Drive near 400 North. The Council discussed the ramifications of the proposal and decided to consider this action and to place it as an agenda item in January.
13. Informed the Council that he would be on vacation the last week of December and would be back in the office on January 2, 2001.
14. Presented statistics and a balance sheet for URMMA. He mentioned that the State Legislature had increased the tort limits to $500,000 and that would impact the City by increased premiums. He observed that taxes may have to be increased to cover the increased premium liability of the City. Mr. Dameron also noted that Lindon City had received a Certificate of Achievement from URMMA for the least amount of premiums spent for liability claims.
Mayor Ellertson asked Councilmembers and staff to compile a list of projects around the City that may be suitable for Eagle Projects.
He reminded the Councilmembers of the request for participation in a Ice Snow Sculpture Contest at First Night in Provo. It would be held in front of the County Building on December 30, 2000 from 6:00 to 8:00 p.m. The Councilmembers expressed reluctance to participate due to several being out of town or with other commitments and asked to be excused from this activity.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO ADJOURN THE MEETING AT 11:13 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - January 2, 2001
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor
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