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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2002 Council Minutes » February 12, 2002
February 12, 2002
The Lindon City Council held a regularly scheduled meeting on Tuesday, February 12, 2002 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: Larry A. Ellertson
Invocation: Lindsey Bayless
PRESENT ABSENT
Larry A. Ellertson, Mayor Kevin Smith, Planning Director
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk
The Meeting began at 7:05 P.M.
MINUTES
Review of the Minutes of January 15, 2002.
The Minutes of the regular meeting of January 15, 2002 were reviewed. The following corrections were made:
Page 2, Line 20: Replace the name “February” with the name “January.”
Page 2, Line 42,43: Replace the word “he” with the name “Mayor Ellertson.”
Page 7, Line 16: Add the word “potential” before the word “problems.”
Page 10, Line 40,41: Replace the word “City” with the word “financial.” Add the phrase “by the City” after the word “participation.”
Page 12, Line 33,34: Add the sentence “He noted the reappointment of Dr. Walter Talbot as chairman.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 2002 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
Mr. Ivan Walker was present to discuss the proposed section of 700 North between State Street and Geneva Road. He informed the Council that he had reached what he considered an impasse in his negotiations with one property owner. He had purchased two acres from the Fugals and tendered what he considered a “very fair” offer to the remaining property owner. After 700 North street is constructed, the remnant parcel will only be about 16,000 square feet in a triangle shape. Mr. Walker is ready to start preliminary work to prepare the property for construction of his new convenience store, gas station and fast food restaurant. He asked if the Council would be willing to consider condemnation proceedings on the parcel of land where 700 North street will be constructed.
Mayor Ellertson noted that he also had talked with the real estate agent representing the property owner. He observed that it would be better for everyone, including the property owner, for a sale to Mr. Walker rather than forcing a condemnation. He commented that the appraisal may not be as high as Mr. Walker’s offer. Mr. Walker expressed his opinion that it would be a waste of time to continue negotiations with the property owner. He commented on his need for a timely solution as the fast food franchise was pushing for construction. He mentioned that he had stopped them from building further north in Pleasant Grove recently so that he could have them at this site. Mayor Ellertson replied that he would like to put together a strategy with the City Administrator and possibly talk with the property owner himself. He promised to get back to Mr. Walker within a short time frame.
Mayor Ellertson asked if there were any other comments or questions from the public. There were none.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson commented that there was not much new to report. However, projects he had reported on previously are still progressing, such as the access roads to the new freeway interchange. He asked if anyone had any questions for him. There were no questions from the audience.
CONSENT AGENDA - No Items
CURRENT BUSINESS
1. Design Review - Summit Development. This is a request by David Johnson of Summit Development for a design review of a proposed multi-family housing project, consisting primarily of town homes, on property located at Lakeview Drive and State Street in the General Commercial zone.
Mayor Ellertson commented that the applicants for this project had requested a delay because they were not ready for the presentation tonight. The Council agreed.
2. Discussion - Verizon Cell Tower Agreement. The City Council will discuss the proposed Verizon cell tower agreement. Representatives from Verizon will be present to answer questions.
Mayor Ellertson asked Mr. Dameron to review the agreement. Mr. Dameron reported that the negotiations have narrowed down to three particulars that he felt needed council involvement in the decisions. The amount of the rent, relocation and colocation were identified as the issues involved.
Mr. Greg Ford, representing Verizon, observed that there were a couple of things that were very hard for Verizon to live with and they had been ready to walk away when Mr. Dameron suggested Council involvement. He explained that the agreement allows the City to require relocation of the cell tower site. He said that for Verizon to justify the capital expenditure, they would need a minimum of 15 years guaranteed at this location. He noted that although the City and Verizon may come to an agreement that meets the 15-year limitation, the ordinance supercedes any agreement and Verizon may still be required to move the site before 15 years are ended. He wondered if the Council would consider amending the ordinance.
Mr. Dameron asked if the Council would consider amending the ordinance to make the individual agreements with each cell provider the ruling document. Mayor Ellertson asked who pays for the relocation if it is deemed necessary by the City. It was determined that the proposed agreement provided that the relocation costs would be split 50/50 by the City and the cell provider. Mr. Ford suggested that perhaps the relocation costs could be paid on a depreciated or amortized valuation of the cell site before the 15-year period and then after the 15 years split 50/50 by the City and Verizon. Mayor Ellertson commented that if relocation is required after 15 years then Verizon should be wholly responsible. As an aside, Mr. Ford mentioned that Verizon had received a colocation request today from Cingular, and was concerned that Cingular would not accept the possibility of a relocation within 15 years either.
Mayor Ellertson suggested that an amortization schedule be made part of or attached to the agreement and a note made that if the City requests a relocation within the first 15 years of the contract that the 50/50 split of the lesser of the investment relocation cost or the unamortized investment cost be the amount the City will pay to relocate the site. The costs would then be spelled out to refer to in the event a relocation is considered by the City. Mr. Dameron asked if the Council would consider broadening the language in the ordinance to rule out possible conflicts between the ordinance and the individual agreements. Mayor Ellertson suggested that the simplest way to amend the ordinance is to make the agreement the ruling document. Councilmember Bath mentioned that changing the ordinance this way may allow for more room to negotiate with the individual companies as additional cell sites are proposed. Mr. Dameron confirmed that the other Councilmembers were amenable to amending the ordinance.
Mayor Ellertson, referring to the City Attorney’s letter, asked if there could be interference between the frequencies used by the public safety and HAM radio operators. He explained that the City is considering locating their public safety antennas as one of the colocators on this tower. Mr. Ford indicated that Verizon’s spectrum is far above the emergency and ham radio frequencies. He also commented that there would be no interference with these frequencies by their other colocator. Mayor Ellertson suggested a wording change in Section 8 of the agreement on interference. He felt that the addition of “part or all for a use which will require communications facilities” would be better wording.
Mayor Ellertson asked Mr. Ford if the requirement of Section 3.2.5 would be a problem. This is the section that requires at least two colocators and then reserves one of the three antenna locations on the tower for the City’s use. He noted that part of the intent of the Council when allowing the greater height was that there would be fewer towers in Lindon by creating colocation opportunities. Councilmember Dain commented that, if at sometime in the future, the City decides that the colocation site is not needed, the city could release the right, then allowing Verizon to find an additional colocator for the space. It was noted that the City would receive additional income from a colocator if they do release the right.
Mr. Dameron observed that Verizon had previously objected to some of the language of clause 3.2. Mayor Ellertson commented that the problem was with the words that require them to actively sell the colocation rights. Mr. Ford agreed, but pointed out that since a colocator had been identified, this was no longer the case. He noted that the agreement requires Verizon to offer space on the tower for the fair market value for rent, and that the agreement requires Verizon to pay the City an amount equal to an additional 50% of the total annual rent for each colocator. He commented that Verizon has existing master agreements with other cell provider companies which are essentially higher than the raw land value. He felt that this language seems to be misleading. Mr. Dameron asked if the language in 3.2 should be eliminated. Mr. Ford felt that the last two sentences were redundant and should be taken out. Mr. Dameron asked the Council what they thought about striking the last two sentences. Mayor Ellertson felt that these sentences clarified what the City felt was included in good faith negotiations. Mr. Ford suggested that it was forcing Verizon to increase their rent by 50%, which they have done and will do, but that is irrelevant. Mr. Dameron suggested that if the sentences are redundant, no problem is created by leaving them in the language. The Council agreed.
Mr. Ford observed that the “big kicker” is the rent. Verizon would like a provision added that would allow a rent reduction of $200 if the city uses the tower. There are two reasons for this request: the rent is higher than Verizon wants to pay and they would prefer to find a colocator to help recoup the amount of rent. If the City reserves the right of colocation, Verizon loses the income possible from a colocator. Councilmember Dain commented that the City gave Verizon a higher tower than they requested to allow for colocators. He felt that reserving one of the colocation spots to the City was part of the negotiation for letting the tower go higher. Mr. Ford suggested that Verizon could go lower and not have colocation spots. Mayor Ellertson asked if the costs associated with construction of a higher pole justified not having colocators. Mr. Dameron suggested that the rent reduction would only be effective when the City attached to the pole. Mayor Ellertson commented that the City may opt to receive the 50% increase in rent for the third colocator and release the spot. If they do decide to keep the colocation spot, the loss of the rent is more than a $200 reduction.
Mayor Ellertson commented that Verizon’s biggest concern is with the starting point of the rent. It was discussed that when the agreement was written, based on a similar one in Orem City, that starting point was $12,980 per year. If the escalator clause allowing an adjustment of 4% to make sure the amount stays current with fair market value is applied to the starting amount based on the date of the original writing of the agreement, the amount changes to $13,499 per year. Mr. Ford informed the Council that Verizon requests the starting amount stay at $12,980 per year with the escalator clause taking effect from there. Mayor Ellertson asked how the Council felt about beginning the rent at $13,499. Councilmember Dain replied that he felt that a concession could be made on the rent and hold onto the requirement that the colocation space be kept open for City use until the City determines to release said space. Mayor Ellertson also indicated he would be agreeable to that. Councilmember Bath commented that it sounds reasonable.
Mayor Ellertson raised an issue about the term of the agreement on the top of page 2. He suggested that the automatic renewal for five year terms be amended to read, unless either the City or Lessee provide notice of intention not to renew. Mr. Ford pointed out that this opened an issue similar to the relocation issue again because the City may decide not to renew the lease within the 15-year minimum term. Mayor Ellertson pointed out that payment for relocation will be borne by the City if the site is relocated before the end of a 15-year period. Mr. Ford agreed, but pointed out that relocation and the option to renew the agreement with the 15-year period may be construed as different situations. Mayor Ellertson suggested that since the renewal clause includes terms beyond the 15 years, it ought to provide either party with terms to terminate beyond that period. If the City opts not to renew during the period less than 15 years, then Section 19 (Relocation) will apply. Mr. Ford agreed.
Councilmember Dain asked if there was anything else. Mr. Dameron suggested that City Attorney Jared Frei redraft the agreement and the Council authorize the Mayor to review it one more time and sign on behalf of the City. The Council and Mr. Ford thanked each other for the time taken to hammer out the agreement.
After Mr. Ford left, Mr. Jeff Giguiere, of 399 West 2800 North, Lehi a representative for Cingular, asked for an audience with the Council. He asked verification of the height of the approved tower at 80 feet, not 60 feet as originally requested. He informed the Council that Cingular required a 75-foot level.
Mr. Giguiere also informed the Council that the ground space requested by Verizon (a 30X40 area) was not sufficient for both Verizon and Cingular. They would need an additional 18 X 25 foot area for their enclosure. Mr. Dameron confirmed that the need was for more than space. Cingular would need a separate enclosed shelter and access. This would need to be added to the footprint of the site. Mr. Giguiere agreed and added that it would be difficult to pay Verizon for the tower space and the City an additional amount for a ground lease. Mr. Dameron agreed that it was not the intent of the Council that colocators should have to pay for additional ground leases. The City was lead to believe that the original ground lease area was sufficient for colocator equipment needs. Mayor Ellertson commented that the purpose of allowing the tower to go higher and approving a larger ground area of 1200 square feet was to provide for colocators. Councilmember Bayless was concerned that Verizon accepted the extra height and then did not allow the addition of a colocator in the ground space.
Mr. Giguiere observed that Cingular wants to work with the City and pointed out that this is a perfect location for Cingular. He added that Cingular is in the preliminary stages of negotiations with Verizon, and it maybe possible to have a reduction of the lease amount to Cingular to allow two leases- one for the tower space with Verizon and one for the ground space with the City.
Mr. Giguiere commented that Verizon is the toughest colocation for Cingular to consider. This is because Verizon uses a tower management company that requires antenna separation of a minimum of ten feet. He pointed out that if Cingular does locate on this tower, stealth technology is not possible. The tower uses stealth covers similar to plastic to hide the antennas within the pole. These covers will not support the additional height of the tower. His antenna arrays need to be clustered around the pole similar to the Sprint tower. Mayor Ellertson reminded the Council of his question, “What does a colocator on a stealth tower look like?” Councilmember Hatch questioned how the superstructure could be modified to allow stealth colocators. Councilmember Bayless suggested that before the Mayor signs the agreement with Verizon that they show how a colocator can feasiblely apply stealth technology to their installation. Mr. Gigiuere said that the clustered array can be shielded with a fiberglass covering, but it is still noticeable. He thanked the Council for their time. They thanked him for the educational insights.
3. Review and Action - Utah Auto Sales - Proposed Amendment to the Lease Agreement. The City Council will discuss and review a proposed amendment to the lease agreement with Utah Auto Sales on city property at 60 North State Street. The owner of Utah Auto Sales is requesting approval for paving of the lot.
Mayor Ellertson introduced this proposed amendment to the lease agreement between Lindon City and Utah Auto Sales. Mr. Dameron commented that the only question staff had raised was about storm water. Mayor Ellertson mentioned that the previous agreement allowed Mr. Gallagher to install roto-milled asphalt. He asked if this had been done. It was determined that this material had not been installed. Councilmember Dain verified that no landscaped areas would be replaced by asphalt. He added that asphalt was not hard to dig out, if need be when the lease expires. Councilmember Bath commented that the extruded curbing was still needed to protect the landscape areas. Councilmember Hatch observed that having the asphalt installed may facilitate construction of the future public safety building.
Mayor Ellertson suggested that the City may choose not to remove the asphalt at the end of the lease. He also suggested that the gravel be properly compacted before installation of the asphalt to improve the longevity of the installation. Mr. Dameron summarized the issues as a storm water plan, properly compacting the gravel and installing curbing. Possible ways of controlling the storm water were discussed. Councilmember Dain suggested that Utah Auto Sales submit and get approval for a drainage plan before installing asphalt.
Mayor Ellertson asked if there were any other comments. Mr. Dameron recapped the discussion by clarifying that the agreement would be approved with the additional clauses.
COUNCILMEMBER HATCH MOVED TO APPROVE THE AGREEMENT WITH THE ADDITION OF THE CLAUSES OF AN APPROVED DRAINAGE PLAN, PROPER GRAVEL COMPACTION AND EXTRUDED CURB, AND AUTHORIZE THE MAYOR TO REVIEW AND EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
It was noted that Verizon needs permission and approval from Utah Auto Sales for access to the cell tower site.
4. Resolution - Interlocal Agreement with Utah County for Murdock Canal Trail. The City Council will consider the approval of a resolution authorizing the Mayor to execute an Interlocal Agreement with Utah County for the County to lead a consortium of north Utah County cities together with the County to develop a non-motorized multi-use trail along the existing Murdock Canal maintenance road.
Mayor Ellertson introduced the interlocal agreement with Utah County for the Murdock Canal Trail. He pointed out some proposed changes that may be made in the agreement before all of the north Utah County cities will sign the agreement. He noted that American Fork and Alpine may be added as member cities. He commented that the prorated costs may be based on population rather than mileage of the canal within the city limits and each city’s portion could be paid by an in-kind payment allowance. There was a discussion of the trail rules adoption possibly needing enaction of an ordinance by the member cities to provide criminal penalties for violations. Councilmember Dain felt that as long as the rules were reasonable, the Council would have no objection. He asked if the Provo River Water Users Association had seen the agreement. Mayor Ellertson replied that they had requested the addition of the rules clause. Mayor Ellertson also pointed out a blank on page 5 dealing with representation of each city on the Board. There was discussion concerning the negotiations with the Provo River Water Users Association about the Murdock Canal Trail.
Mayor Ellertson suggested that the Council approve the agreement in this substantial final form to allow for the changes discussed. Councilmember Acerson asked for a timetable on opening of the trail to the public. Mayor Ellertson replied that he anticipated the trail would be open this year.
COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION #2002-1 AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH UTAH COUNTY FOR PARTICIPATION IN FUNDING, CONSTRUCTING, MANAGING, POLICING, MAINTAINING AND CONTROLLING THE USAGE OF THE MURDOCK CANAL TRAIL IN A FORM SUBSTANTIALLY AS PRESENTED. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson was praised for his hard work to make the Murdock Canal Trail a reality. He commented that it had taken four years.
5. Review and Action - Bid Award - Northwest Area Sewer and Waterline Extensions. Bids were received and opened on Thursday, January 31, 2002 for the extension of sewer and water services to the northwest area of the city adjacent to the new I-15 Interchange. The low bidder was VanCon with a bid price of $414,647.80. The engineer’s estimated costs were $533,024.02. The funds for this project are budgeted from impact fees. Staff recommends the contract for this project be awarded to VanCon.
Mayor Ellertson commented on the letter from David Thurgood of JUB Engineers which gives insight on the contractor who submitted the winning bid. Mr. Dameron observed that the project would extend sewer and water lines to the extreme western boundary of Lindon, west of I-15. Councilmember Dain commented that extending the lines would solve the problems encountered in this area. Mayor Ellertson agreed and mentioned that this would facilitate development of the area.
COUNCILMEMBER DAIN MOVED TO ACCEPT THE LOW BID OF $414,647.80 AND AWARD THE CONTRACT FOR THE NORTHWEST AREA SEWER AND WATERLINE EXTENSION PROJECT TO VANCON. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain had no report for tonight.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch reported a downed street signs on the corner of 2000 West and 200 South. He also suggested that Verizon be approached with the idea that the tower should be built as if Verizon were going to be the colocator at the sixty-foot level.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless asked for the Council’s opinion on the possibility of redirecting grant funding from Mountainland Association of Governments from the Timp-Lake Trail to the Lakeshore Trail. This was discussed and decided that the Council would not be averse to redirecting the funds because the portion of the Timp-Lake Trail that traverses the Geneva Steel property may be tied up in bankruptcy court. Mayor Ellertson asked Councilmember Bayless to keep the Council informed on the issue.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath asked for an update on the fire station completion. He noted that the scheduled completion date is February 15, 2002. It was noted that the project was on schedule. Councilmember Bath asked if Mr. Dameron had been able to find the fire department insignia to put outside with the letters. Mr. Dameron reported that he had been unable to find the insignia.
Councilmember Dain reported on the request to have a light in the attic. He noted that the inside of the building was completed enough that conduit would need to be installed and it would cost the same to have an electrician come back and do it after completion.
There was a discussion of the new fence around the cell tower area behind the fire station. Councilmember Bath asked about an Open House date. Councilmember Dain suggested that it be held after the asphalt and landscaping are completed in April or May. Mayor Ellertson suggested a couple of dates. It was decided to schedule the Open House for the evening of May 9, 2002.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported on his Olympic experience.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Asked for suggestions for the Retreat agenda. Mayor Ellertson had several suggestions. Councilmember Bayless wondered if the Retreat could be realistically expected to end before noon. It was noted that the plan was to have work sessions with the Council and staff to discuss the issues in depth. Some of the Mayor’s suggestions were discussed. It was noted that discussions and decisions were needed on the west side residential development issue. Mr. Dameron observed that he would work up a tentative agenda and bring it back to the Council.
2. Presented the current project tracking list for Council requests to hear the applications. Mayor Ellertson commented that many of the projects were already coming to the Council for consideration. Some of the projects were discussed. No additional submissions were scheduled for review.
3. Directed attention to changes in the Voting District map. He commented that the next election will be run by the County in three locations: District 2 at Lindon Elementary, Districts 3 and 4 at Rocky Mountain Elementary, and Districts 1 and 5 at the City Center.
4. Initiated discussion of possible City participation in promotion of broadband internet access to residents. Councilmembers Bayless and Bath expressed caution in promoting one company over another. Mr. Dameron noted that the internet providers asked for help in locating equipment sites. He also suggested soliciting the internet providers for an RFP. Councilmember Hatch suggested that this may be the best way to find the best value for Lindon citizens. Councilmember Bayless observed that if the internet service was presented as the City’s choice for their own office support needs, and Lindon residents can benefit from the City’s choosing this service, she would feel better about the promotion. Mayor Ellertson asked to have the proposals from the internet providers reduced to writing. There was a short discussion on the Rocky Mountain Jr. High cell towers.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO CONVENE AN EXECUTIVE SESSION OF THE CITY COUNCIL AT 9:26 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER ACERSON MOVED TO RE-CONVENE THE REGULAR CITY COUNCIL MEETING AT 10:03 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 10:04 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - February 19, 2002
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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