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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » December 4, 2001
December 4, 2001
The Lindon City Council held a regularly scheduled meeting on Tuesday, December 4, 2001 at 7:00 P.M. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: James A. Dain
Invocation: H. Toby Bath
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 (arrived at 8:25p.m)
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
The Meeting began at 7:04 P.M.
MINUTES
Review of the Minutes of November 13, 2001 and November 20, 2001.
The minutes of the regular meeting of November 13, 2001 were reviewed. The following corrections were made:
Page 1, Line 42: Add the word “the” before the word “Quarter.”
Page 3, Line 31: Add the name “Utah” before the word “Toolbox.”
Page 5, Line 11: Replace the name “Gillam” with the name “Gillen.”
Page 5, Line 12: Replace the name “Gillam” with the name “Gillen.”
Page 5, Line 19: Replace the name “Gillam” with the name “Gillen.”
Page 5, Line 21: Replace the name “Gillam” with the name “Gillen.”
Page 7, Line 8: Add the word “it” before the word “kicking.”
Page 9, Line 27,28: Replace the phrase “is pleasing looking” with the phrase “has a pleasing appearance.”
Page 9, Line 35: Replace the word “into” with the words “in to a.”
Page 16, Line 31,32: Replace the phrase “a railing added to tie a horse” with the phrase “commented that a suggestion to add a hitching rail had been suggested at an engineering meeting.”
Page 16, Line 39: Add the word “the” before the word “grant.”
Page 17, Line 13: Replace the name “Dain” with the name “Bath.”
Page 17, Line 20: Replace the name “Councilmember Dain” with the name “Mayor Ellertson.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 13, 2001 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO CONTINUE THE MINUTES OF THE REGULAR SESSION OF NOVEMBER 20, 2001. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
There was no comment from the public.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson commented that he continued to be involved in support of the long range transportation plan along with other mayors, Utah County and etc. Councilmember Bath asked about the Trax System coming to Utah County. Mayor Ellertson responded that he didn’t think that Trax would come to Utah County until funding was available, including the addition of a 1/4¢ transit tax. He asked if there were other questions. There were none.
CONSENT AGENDA - No Items
CURRENT BUSINESS
1. Continued Public Hearing - Adoption of Comprehensive, Updated Lindon City Zoning Map. This is a request by city staff for review and adoption of the newly updated comprehensive Lindon City Zoning Map. This map includes changes made as a result of various recent public hearings and the changes made to implement the General Plan goals. This hearing was continued from the meeting of November 20, 2001.
COUNCILMEMBER BAYLESS MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Smith noted that this map showed a slight revision of State Street from the last map. It was noted that Councilmember Hatch was right about his previous questions. Mr. Smith showed the Council the changes that had been made to conform the map with the zone changes that had occurred in public hearings. Mayor Ellertson inquired about the zone of the recently purchased homes on the border of Lindon City Park. Mr. Smith replied that the homes had been changed from R1-20 to public facilities. He also pointed out some other additions that could be made to public facilities, like the cemetery, and the irrigation and detention reservoirs. Mayor Ellertson concurred that these facilities should be identified on the zoning map. Mayor Ellertson asked if there was any public comment. There was none.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2001-16, THE ADOPTION OF THE COMPREHENSIVE, UPDATED LINDON CITY ZONING MAP WITH THE CONDITION THAT THE CORRECTIONS TO THE PUBLIC FACILITIES INCLUDE SHOWING THE CEMETERY, AND ALL IRRIGATION AND DETENTION PONDS. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS WITH ONE ABSENT. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Discussion - Revised Nuisance Ordinance. This is a request by staff for a review of the revised nuisance ordinance before it goes to the public hearing stage of the process.
Mayor Ellertson noted that this is not the first time the Council has discussed this possibility of change to the ordinance. The Council agreed and noted that it had been a while since this discussion. Mr. Smith informed the Council that there had been some changes in the State Code that allows cities to evict drug dealers and prostitutes from private homes. He has also made an effort to incorporate the best wording available from bigger cities’ ordinances. He noted that he had been working with the Lindon/Pleasant Grove Public Safety Department to coordinate the ordinance revision with Pleasant Grove’s ordinance. He also informed the Council that a public hearing was scheduled for January and the Planning Commission would look at the revision on December 12, 2001. Mr. Smith pointed out where the State Code had been quoted in this proposed revision.
Mayor Ellertson commented that this item was only for discussion only tonight, and no action would be taken. He noted that the number of people listed in the various clauses were different. He pointed out that 8.20.30(A)(3)(d) states three or more people, 8.20.30(B)(3) mentioned two or more people and 8.20.30(B)(7) are one or more persons. He also asked if Title 76 referred to in 8.20.30(B)(6) was available for review. It was decided that Title 76 could be reviewed later and probably concerned the right to keep and bear arms. Councilmember Bath commented that in each of the clauses mentioned above, the number of people was specific to the nuisance. Mayor Ellertson replied that he was just making an observation on the degree of the nuisance. He wondered if it is a nuisance to one person, then is it something to take care of?
Mayor Ellertson noted that dust was also listed as a possible nuisance. Councilmember Dain asked if noise was addressed in this draft ordinance. Mr. Smith directed him to 8.20.30(B)(28)(f). The Council discussed the construction that may be put on the word “unreasonable.” Mr. Smith suggested that rather than putting in a technical decibel limit, a “reasonable” committee of three inspectors could be implemented to make decisions. He also noted that he had requested more material from the American Planning Association in Chicago on noise ordinances. Mayor Ellertson observed that the ordinance should be kept as reasonable as possible.
Mayor Ellertson questioned the listing of “family.” Mr. Smith explained that this section would help enforce the single family housing requirements. He gave as an example a home with an accessory apartment that is being rented as a duplex rather than being owner-occupied as required by the ordinance. Mayor Ellertson confirmed with Mr. Smith that this ordinance would not prevent the City from prosecuting violators of other sections of the code.
Councilmember Dain questioned the wording in 8.20.110 specifying the hearing process for determining a nuisance. He observed that the City Council could not have a public hearing without having minutes as required by the State Code. This was discussed and it was decided that some more research was needed and possibly a review by the City Attorney of this proposed ordinance.
The Council discussed how law enforcement would determine when a citation was proper. Mr. Smith suggested that if there was a complaint it was up to the police officer to make a determination of whether to issue a citation. Mayor Ellertson observed that this determination may be a matter of judgement and ought not to prevent people from having fun. Councilmember Dain asked how many nuisance violations were issued per year. Mr. Smith replied between 75 to120. Mayor Ellertson questioned whether a noisy party might be considered by a police officer a nuisance citation or a disturbing the peace citation. Mr. Smith replied that the decision was a judgement call by the officer, but a nuisance citation is usually a continuing noise that would be investigated by a zoning official. A party would have a neighbor calling the police. There was a short discussion of the curfew ordinance.
Councilmember Bayless commented that criminal activity is what has prompted this revision to conform to the State Code. Mayor Ellertson agreed. He asked Mr. Smith what timetable he envisioned to move this ordinance revision forward. Mr. Smith replied that the Planning Commission would review the ordinance on December 12 and then it would be redrafted to include their suggestions and comments. Councilmember Bayless reminded Mr. Smith to check on the legality of the clause about hearings. Councilmember Bath requested a revision on the wording about noise. He suggested that the word “unreasonable” is too vague.
Mr. Smith asked if there were any other comments. There were none. Councilmember Bayless mentioned that Mr. Smith deserved recognition for his work with the Historic Preservation Commission. Mayor Ellertson commented on the Tree Lighting Ceremony and the new sound system was discussed.
3. Review and Action - Annual Meeting Schedule. The Annual Meeting Schedule for the year 2002 for the City Council, Planning Commission, Board of Adjustments, Redevelopment Agency, Municipal Building Authority, and Historic Preservation Committee will be presented to the Council for annual approval.
Mayor Ellertson observed that the Board of Adjustment would meet as needed on the dates listed. There was a discussion of cancelling the City Council meeting scheduled for New Years Day, July 2 and November 5.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PUBLIC MEETING SCHEDULE FOR 2002 WITH THE CANCELLATION OF THE MEETING SCHEDULED FOR JANUARY 1, 2002. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain reported that the windows had arrived for the fire station so the bricking would be done in a day or two. He commented that the inside is sheetrocked and the heat is on. The garage doors have been ordered. He noted that everyone should start to see significant progress. Mr. Harlow Clark asked if volunteer fire firefighters are still needed. Councilmember Bath replied that applications are still being requested. Councilmember Bath asked if a ribbon cutting and dedication were planned. This was confirmed. Councilmember Dain commented on the good work of the contractor. There was a discussion of the possibility of the project finishing under budget. Councilmember Dain commented that there may be enough left to get an epoxy coating on the floor. Councilmember Bath requested “turnouts” for the fire fighters.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch suggested that, in the future, the Council consider asking cell providers to design their enclosures as bleachers in the park. The Council discussed the suggestion and agreed that to investigate this possibility.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless reported that the City had received a trails grant. The amount of the grant and the project to be completed were discussed. The trail on Canal Drive is the designated trail to be completed.
Councilmember Bayless asked for a report on the rug purchase for the Veteran’s Building. Councilmember Dain reported that the rug was in the building. There was a discussion on other ways to muffle the echoes in the building. She asked about renewing her membership to Costco.
Mr. Harlow Clark volunteered to write a story about the trail and asked for particulars.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath reported on the three major public safety calls of the recent week. He reported that there had been a hydrochloric acid leak at Schaeffer Industries, a child had been seriously injured by a school bus, and there had been a grenade found at the dump.
The Council discussed pursuing safety concerns at Schaeffer Industries. The condition and prognosis of the child was disclosed. The incident at the dump was examined.
Councilmember Bath reported that he had talked to Doyle Wood about the pump house on 200 South and 400 East. Mr. Doyle Wood will discuss the Council’s concerns with the members of the Lindon Pumping Company. He observed that the shareholders may want to sell the property. The Council discussed the possible value of the well and property. Mayor Ellertson confirmed that Mr. Wood would get back to Councilmember Bath with a proposal.
Councilmember Bayless brought up the proposed 10-day hiatus on state sales taxes. It was discussed as still being a possibility in the future.
(Mr. Dameron arrived at 8:25 P.M.)
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson was excused.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Asked when the Council would like to start displaying the national flags purchased to celebrate the Olympics. The Council discussed the length of the display time and how the flags would withstand the weather. It was decided to start the display on January 2 and continue it through March 16, 2002. It was suggested and agreed that the flags should be brought in at night to ensure the integrity and endurance of the display.
2. Informed the Council that a wireless internet provider called Broadband Solutions would be presenting a proposal at DRC on December 12 at 10:40 A.M. He invited the Council to attend if they were interested. Mayor Ellertson inquired about the status of the Qwest DSL box on 900 East. Mr. Dameron will contact them.
3. Reported on the Hollow Park Committee meeting. Mr. Dameron noted that he had explained to the Committee members the Council’s intent to proceed with the Housing Authority proposal. The Committee made more suggestions on play ground equipment. Councilmember Dain suggested that since a privacy fence was planned for Fisher’s property, one should also be considered for Dora Montgomery. Mr. Dameron noted that the Hollow Park Committee would meet one more time.
4. Commented that more information would be forthcoming from the Bookmobile in response to the Council’s request. Mr. Dameron reported that he had talked with Pam, County Commissioner Herbert’s secretary, about the proposed agreement. She was relaying the information to Edwin Walker, director of the Bookmobile.
5. Asked if the Council wanted to cancel the January 1, 2002 meeting date. The Council replied that they had already made a motion to cancel the meeting.
6. Inquired if a temporary sign should be considered for identification of Lindon Fire Station #1. The Council agreed.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN AT 8:39 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - December 18, 2001
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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