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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » February 6, 2001
February 6, 2001
The Lindon City Council held a regular meeting on Tuesday, February 6, 2001 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: James A. Dain
Invocation: Ott H. Dameron
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
Toby Bath, Councilmember
Lindsay Bayless, Councilmember
James A. Dain, Mayor Pro Tem
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk ABSENT
The meeting began at 7:10 P.M.
PRESENTATION - Mayor Ellertson will recognize Dennis Kendall, Water Superintendent, as the city’s first Employee of the Quarter.
Mayor Ellertson introduced Dennis Kendall to the audience and the press. He recognized Mr. Kendall as the first recipient of the Employee of the Quarter award. He described the process of selection as by peer review. He invited Mr. Kendall up for pictures.
Mr. Dennis Kendall, Lindon City Water Superintendent, tendered thanks to his wife. He credited Scott Cullimore and Wade Jarvis with seeing his vision 17 years ago of rewarding quality and pride in one’s work. He promoted training, responsibility, certification, and safety training as an important part of his work. Mr. Kendall thanked the City Council and his fellow employees for this award and their recognition of his work.
MINUTES
Review of the minutes of January 16, 2001.
The minutes of the regular meeting of January 16, 2001 were reviewed. The following corrections were made:
Page 4, Line 19: Replace the words “there is” with the phrase “this might be considered along with.”
Page 4, Line 22,23: Add the phrase “possibly along the State Street and/or Geneva Road corridors” after the name “Lindon” at the end of the sentence.
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 16, 2001 AS CORRECTED. COUNCILMEMBER HATCH 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/REPORT
Mayor Ellertson asked if the audience had any questions for him. There were none. He commented that he is busy working on promoting the development of the connecting roads to the new I-15 freeway interchange. He observed that one of the challenges of development is living with the changes that are made.
Mayor Ellertson asked the audience for a show of hands on which items they were present to comment on. He recognized that time is valuable and if the majority interest was in items further in the agenda, those items may be advanced. It was decided to start with item #1.
BUSINESS
1. Continued Public Hearing - Lindon City General Plan - Revision. The City Council will hear public comment and possibly act to amend and revise the Lindon City General Plan. The last update was completed in 1995. A committee of community volunteers headed by Councilmember Dain and assisted by staff has prepared this revised General Plan. This item had been continued from the meeting of January 16, 2001.
COUNCILMEMBER DAIN MOVED TO OPEN BOTH PUBLIC HEARINGS ADVERTISED ON THE AGENDA FOR FEBRUARY 6, 2001. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Planning Director Kevin Smith reviewed the 5 elements of the General Plan and recapped the wording changes and land use map changes requested at the previous meeting. He observed that the main obstacle still remained–what to do with the land west of Geneva Road. Mayor Ellertson commented that the last discussion had centered on the land use and transportation elements of the General Plan and suggested that tonight’s discussion cover the remaining elements. Councilmember Dain mentioned that he would like to further discuss the finger of heavy industrial designation around the Universal Industrial Supply building that was proposed by the Planning Commission. This discussion was postponed to the next meeting.
Mr. Smith initiated discussion of the chapter dealing with parks, pathways and trails. He pointed out the organization of this chapter and the changes on pages 44 and 47. Mayor Ellertson noted the addition of the east side park to the list of present and potential parks in Lindon City. He observed that the City has been working on obtaining property for a potential park on the east side for some time and will continue to look for opportunities to obtain park property.
Mr. Smith pointed out the city park locations on the Parks, Pathways and Trails Map. He clarified the definition of a pathway and a trail and showed the various routes that had been defined for the city. He disclosed that a grant had been applied for through the Mountainland Association of Governments to construct a large portion of the pathway and trail system from Utah Lake to the Wasatch Range and also complete various connections to the regional trail system including the Bonneville Shoreline Trail, the Great Western Trail, the Lakeshore/Jordan River Parkway Trail and the Murdock Canal Trail.
Mayor Ellertson asked Councilmember Bayless as the Councilmember representative on the Trails Committee to explain the proposed pathway and trail system. Councilmember Bayless, with the help of Mr. Smith, showed the audience the proposed trail and pathway profiles of a split surface requirement to accommodate joggers and walkers, bikers and roller blade/skateboard users, and equestrian users. Vic Deauvono, a member of the audience, voiced support of the pathway and trail system by citing the success of the Salt River pathway system in Phoenix, Arizona. Mr. Deauvono confirmed the amount of Utah Lake frontage within Lindon City limits with Mr. Smith.
Councilmember Bayless discussed the pathway/trail system as useful for all non-motorized modes of travel within the city. It would provide safe passage for all users between the mountains and the lake in East-West connections and also North-South connections to the regional trail system. She noted the addition of “loops” that would not cross major traffic intersections like State Street and that would stay on the same side of the street for the use of neighborhood joggers and walkers. She observed that the cost of the proposed system would not add to development costs because of the narrowing of the asphalt to accommodate pathway construction.
Mr. Steve Browne, a Lindon resident at 118 South 900 East, inquired into plans for crossing major intersections at State Street and I-15. Mr. Smith told him that nothing definite had been decided, but consideration had been given to a tunnel under State Street at the City Park or at 400 North, and possibly using the underpass at Geneva Road, 500 South and I-15 for crossing locations. Mayor Ellertson commented that the new overpass on I-15 incorporated a walkway as part of its design.
Councilmember Hatch noted the use of the words “should” and “shall” in various parts of this element and asked that they be considered carefully. Mr. Smith observed that the General Plan was a goal statement and not binding, hence the prior use of the word “should.” Councilmember Bayless suggested looking at the document with the idea that some issues are “cut and dried” and the word “shall” would apply.
The discussion next moved to the Environmental element of the General Plan. Mr. Smith pointed out the language changes incorporated into the east side slope statement. Councilmember Bayless asked about the flood zone section and where “Squirrel Hollow” was located. Discussion of the various drainage systems was held and “Squirrel Hollow” was not identified. Mr. Smith was asked to identify this drainage for the City Council. Councilmember Hatch asked that the geologic hazards list include fault lines.
The Public Facilities element was the next topic of discussion. Mr. Smith noted that the City Engineer Dave Thurgood had updated the information in this section and his changes were pointed out. Councilmember Bayless initiated discussion on the reference to “Designated Walkways.” Councilmember Dain suggested the addition of a statement about wildlife habitat in the foothills. The statement on the library survey was noted.
Mayor Ellertson suggested that reference to Lindon being the recipient of other communities’ storm water run-off needed to be mentioned. Mr. Smith pointed out the changes dealing with stealth technology on telecommunications towers. Storm Drain wording changes were noted and more suggested. Changes were suggested to the section on city buildings and emergency generators. Underground power requirements were discussed and the correct document wording decided upon.
Mr. Smith noted that 2 surveys were still missing from this draft document: the survey of available moderate income housing and the survey of potential moderate income housing. He observed that those surveys were almost complete and would be added to the document. Councilmember Bayless noted the addition of the word “rehabilitation” to the section dealing with moderate income housing. Mayor Ellertson asked for any further public comment. There was none.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE PUBLIC HEARING ON THE GENERAL PLAN TO THE NEXT REGULAR MEETING. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Public Hearing - Zoning Ordinance Amendment - Standard Land Use Code for an Indoor Soccer Arena. The City Council will hear public comment and possibly act to amend the standard land use table to allow indoor recreational facilities in the MD zone. The location of the proposed facility is approximately 150 South 1800 West in the Ostler Industrial Park.
Mr. Smith introduced this application to the City Council. He noted that this application is a possible amendment to the Light Industrial (MD) zone. Mr. Gaylen Jorgensen and Mr. Mike Gregory were introduced to the Council. Mr. Smith reviewed the Planning Commission’s concerns and recommendations. They were concerned about recreational activities in a Light Industrial zone and how they might conflict with the industrial setting. They recommended that this use be allowed only on the periphery of the zone to minimize conflict with the other industrial users in the zone. The neighboring zone was determined and discussed by the Councilmembers. The Planning Commissioners suggested that the use be conditional and require review of each application on its own merits. They also suggested the land use table amendment be limited to “indoor soccer” rather than the generalized “indoor recreational use.” This also was to allow review of each use before implementation into the zone.
Mayor Ellertson asked if the proposed business facility would meet the required architectural standards of the zone. Mr. Smith verified that the standards of the Light Industrial zone would apply. He observed that the Planning Commission expressed concern that if the business was not successful and the building was sold, that it could be retrofitted to conform to light industrial use. Mr. Dameron confirmed the “C”designation in the land use table to be “conditional use” and the “P” as “permitted use.” Mayor Ellertson suggested that the indoor soccer use be limited to “C” in the CG zone also. Discussion of current recreational uses within the city was held. It was the consensus of the City Council that indoor soccer be a conditional use rather than a permitted use in the CG zone.
Mr. Gregory requested access from 2000 West across the drainage canal to this proposed location of the business. He noted that the Planning Commission and the City Engineer had requested no access across this canal because of possible obstruction of the drainage flow. He stated that if no access was allowed across the canal, they would move their building to an interior lot of Ostler Industrial Park and then there may be conflict with the definition of “periphery” of the zone. The Councilmembers discussed the definition of the word “periphery” as being within 500 feet of the edge of the zone. They discussed the canal and its use for “linear detention.” Councilmember Dain suggested the crossing be a bridge rather than a culvert. A culvert would more likely restrict the flow and disturb the open waterway effect. He observed that 2000 West was a potential access road to the new interchange on I-15 and as such should be “user-friendly.”
COUNCILMEMBER DAIN MOVED TO APPROVE THE ADDITION OF INDOOR SOCCER AS A CONDITIONAL USE TO THE LAND USE TABLE IN THE MU, CG, AND MD ZONES WITH THE ADDENDUM THAT IT BE ALLOWED ONLY ON THE PERIPHERY OF THE MD ZONE. COUNCILMEMBER HATCH SECONDED THE MOTION. THE ROLL CALL OF THE VOTE IS AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO CLOSE THE PUBLIC HEARING ON THE ZONING AMENDMENT ORDINANCE. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Conditional Use Permit - Sprint PCS Telecommunications Tower. The City Council adopted a wireless communications facilities ordinance on October 17, 2000. This ordinance requires the applicant to gain approval of a conditional use permit from the Planning Commission and the City Council. The chosen location for this tower is on the Oak Canyon Junior High School property in the open fields to the east nearer to the Murdock Canal.
Mr. Smith pointed out the location requested by Sprint PCS for their proposed pole/tower with pictures and a map. He listed the 3 conditions recommended by the Planning Commission as 1) the cell site be moved a minimum of 200 feet to the West of this requested site, 2) the tower be placed as close to 200 South as possible, and 3) the twenty nearest homes be hand-delivered notices of this City Council conditional use permit hearing. Mr. Smith observed that the ordinance requires the City Council to review the application for appearance and distances that would make it obtrusive to the neighbors. He noted that the noticing requirement is not mandatory by ordinance, but the Planning Commissioners felt the neighborhood should have their chance to comment.
Councilmember Bath asked how far north of the fence the facility would need to be to clear easements and overhead power transmission lines. Mr. Smith asked the Sprint representatives, Lin Alderman, Mike Ditterick, and Attorney Steve King to come forward and explain their application. Ms. Alderman had compiled some packets of information that she passed out among the Councilmembers. She explained that the facility had been placed 30 feet inside the fence to allow junior high students a direct pathway to the school through the gate. She clarified that this site had been chosen by the principal of Oak Canyon Jr. High as his preferred site to minimize the impact on the use of the fields and also to allow access to services needed to operate the site. Ms. Alderman disclosed that she had delivered notices to the nearest 35 homes within Lindon. None had been delivered to Orem. She described the height of the pole/tower as similar to the 70 foot power poles along the street since this tower site was approximately 10 feet lower because of the drop in the terrain between the fence and the field.
Councilmember Bayless asked for the dimensions of the proposed pole/tower. Ms. Alderman described it as 26-28 inches diameter at the top and the bottom dimension would be determined when it was decided if the pole would need to be telescoping or if it would be allowed to be straight. She also mentioned that if the 3-pole configuration was required, each pole would be 16-18 inches in diameter. Mr. Ditterick recommended the City Council consider the telescoping design that would collapse inside itself in an emergency. Councilmember Bath asked the dimensions of the power poles along that 200 South to compare the diameters. Mayor Ellertson replied estimated that the power poles were 15-18 inches in diameter.
Ms. Alderman observed that Sprint would use more land if the 3-pole configuration rather than the 1-pole configuration was decided on. She told the Councilmembers that a 20 X 30 plot would be needed for the equipment enclosure and the pole would be inside the enclosure in the 1-pole configuration. If the 3-pole configuration was used, the poles would be set outside the equipment enclosure to allow access to the poles for putting flags on them. Mr. Ditterick explained that the closest distance the poles could be placed to 200 South is 40 feet from the curb or 30 feet from the fence. This was because of utility easements along the street. Councilmember Acerson expressed favor to the 3-pole configuration proposed for an alternative site by the turn-around on 200 South at about 800 East.
Oak Canyon Jr. High Principal Paul Olsen observed that he had seen increased community use of the fields to the east of the Junior High School. He was concerned that the field remain as open as possible to allow for this multiple use. He disclosed the potential income of about $500,000 over the next 25 years for the direct benefit of the Junior High School and possible revenue to Rocky Mountain Elementary and Lindon Elementary if a secondary user contracted to use this site also. He mentioned that outside revenue of this kind was “difficult to come by.”
Mayor Ellertson inquired how near the pole the equipment enclosure needed to be. Ms. Alderman told him no further than 100 feet away. Mayor Ellertson observed that the equipment enclosure could be moved out of the open area. Ms. Alderman clarified that the contract with Alpine School District was $900 per month with built in inflation increases over the next 25 years. It would amount to approximately $400,000 with only one carrier on this site. Mr. Dameron noted that the contract was with Alpine School District and inquired if the Junior High had a commitment from the District that the money would be funneled back in full. Principal Olsen answered that the school did not have a written agreement, but that standard practice of the District was to funnel the money back to the individual school. He noted that several schools in the district were being alternatively-funded with cell tower site lease fees. Mr. King noted that the lessor in the agreement was the District.
Councilmember Acerson asked Principal Olsen if he had any objection to the alternative site proposed by the City near the turn-around at 200 South and about 800 East and putting flags on the poles. Principal Olsen explained that he was not opposed to anything. He wanted to help make the neighbors happy with the cell site and keep the integrity of the field. Councilmember Acerson observed that the alternative site was not used for anything other than passage to the school. Principal Olsen expressed his acceptance and wanted to be sensitive to neighborhood opinion. Councilmember Bayless promoted a site that would be as pleasing as possible. Councilmember Dain observed that these poles would not look like normal flag poles; they would be larger than normal. He recommended that the flag company be consulted on the scale of the flags to be purchased for the site. He also asked which entity would be responsible for the maintenance of the flags. The Junior High School was determined to be responsible for maintenance of the flags. Sprint was determined to be responsible for the landscaping.
Mr. Ditterick submitted photographs of other installations. His recommendation to the Council was a 7 foot high enclosure near the east fence around the duplexes on the Junior High’s south border. He also recommended a locked lanyard on each pole to allow changing the flags. Ms. Alderman asked if the City Council would prefer that Sprint design the poles to allow for a second carrier. Councilmember Acerson inquired if there was a design limitation on the amount of co-locators. Ms. Alderman disclosed that with the present technology and the limitation of the antennas placed inside the poles, only 2 providers could locate on this site. Councilmember Acerson clarified that when technology improves, more than one other co-locator could use this site and improve the revenue stream to the school by the same potential amount as this present lease. Ms. Alderman confirmed that Sprint would absorb the cost of installation of this site and allow co-locators to affix their antennas within the poles as technology allows. Any further ground leases would accrue payments to the District. Mayor Ellertson observed that with additional co-locators Orem children may would also benefit eventually through co-location revenue being distributed to the Rocky Mountain and Lindon Elementary Schools.
Councilmember Dain asked Ms. Alderman if the installation would be a painted steel pole. Ms. Alderman confirmed that the pole would be mostly steel, all but the top which would be a material conducive to radio transmissions. She offered to have the City pick the color to blend with the skyline and surrounding structures. Councilmember Dain asked about the maintenance of the pole to minimize the rust. Ms. Alderman disclosed that Sprint would be maintaining the pole. She directed the Councilmembers’ attention to the remaining contents of the packet which included a copy of a notarized letter from Sprint declaring compliance with all applicable EIA standards, applicable federal and state laws and regulations, and with the Lindon City Code, declaring the proposed site will accommodate use by additional co-locators, declaring the use of the site will not interfere with transmission or reception of legally operating frequencies, and submitting evidence of their radio station authorization. A copy of the radio station authorization was enclosed in the packet and evidence of insurance.
Mayor Ellertson opened the discussion to members of the audience. Representatives of the neighborhood present at this discussion were Steve Browne of 118 South 900 East, Christian Bradford of 185 South 900 East, Kevin Cartwright of 168 South 900 East, Glen Westbroek of 928 East 155 South, Brad Palmer of 154 South 900 East, and John & Marie Dominge of 104 South 900 East. Mr. Palmer asked Sprint about the safety of the tower and its transmissions. He wondered if any research had concluded that radio transmissions were not detrimental to the health of residents in close proximity. Councilmember Bath mentioned that a study had been announced in the Deseret News that day. Mr. Ditterick cited the example of the University of Utah hospital which had towers on the roof. He asserted that if the transmissions were dangerous, the hospital would not have allowed the towers to be built there. Mr. Westbroek introduced himself as a teacher whose son had introduced him to HAM radio. He claimed that the HAM radio training included information about the deleterious effects of radio waves on the human system. He proclaimed that a transmitter/repeater such as Sprint would need to operate their system at 900 MHz, which, he asserted, is in the unsafe range. He also claimed that any low power transmission is additive to the total amount of unsafe radiation. Mayor Ellertson confirmed that it was additive, observing that EMF in certain configurations had a canceling off-setting effect. Mr. Palmer asserted that areas parallel to a tower were exposed to radio frequencies more than areas underneath a tower because the antennas were pointed to broadcast out rather than up or down. He claimed that was why the University of Utah hospital was not averse to having towers on their roof. Mayor Ellertson asked what effect radio frequencies had on the human body. Mr. Westbroek observed that microwave, a form of radio frequency, can blind. Mr. Palmer stated that the strength of the power broadcast was linked to various diseases. Mr. Ditterick stated that he could not produce research that would prove the transmissions safe. Mr. King asserted that the Federal Government has declared that questions of radio frequency safety could not be used as a basis to deny a cell tower permit. The Council discussed possible safety issues of radio transmissions. Mr. King claimed that the Federal Government considered the risk of radio transmission hazard so low that they declared it could not be used as an issue.
Mr. Palmer asked what guarantee parents would have that the money would continue to go to Oak Canyon Jr. High School. Mayor Ellertson observed that it was totally at the discretion of the Alpine School District at present. Principal Olsen stated that he would ask Mr. Seastrand at the District office for some confirmation on the disposition of funds.
Mr. Bradford questioned property and resale values if this site were constructed. He expressed opposition to construction on the Sprint preferred site near the Murdock Canal. Mayor Ellertson observed that studies have shown that power poles do not devalue property. Mr. Bradford asked for comparable sales before and after installation of a cell site. He questioned whether TV and radio would be affected. Mr. King claimed that the site would not interfere with any use operating within their authorized band.
Mr. Bradford expressed favor to the Junior High School receiving money and wondered if it was standard practice to encourage 2nd users. Mayor Ellertson stated that city ordinance required co-location as a first priority for new users within the city. Mr. King claimed that it was cheaper to co-locate so providers would look there first. Mr. Bradford expressed favor to the 2nd proposed location near the turn-around as his preferred location. Mr. Palmer also expressed favor to the 2nd location.
Mr. Browne questioned the attractive nuisances of the equipment enclosure. He wondered what steps would be taken to discourage scaling of the wall, and what lights and noises would emanate therefrom. Ms. Alderman explained that the equipment would be enclosed in locked metal cabinets about 2 X 2 X 4 feet in size and that no noise would emanate from the enclosure. Mr. Ditterick discussed the design of the wall. Mr. Bradford asked about liability insurance and Mr. King said that would be part of the cost of the site.
Councilmember Acerson suggested that the wall be graffiti-proofed. Mr. Bradford suggested that the enclosure be as close to the duplex fence as possible. Mayor Ellertson asked Sprint if their enclosures experience a history of vandalism. Mr. Ditterick disclosed that Sprint had 7 sites placed at schools and that vandalism tended to be comparable with neighborhood problems. Mr. Bradford expressed an interest in receiving a list of the schools that had cell sites.
Mrs. Dominge expressed concern about noise. She claimed that other sites she had visited “buzzed and hummed.” Ms. Alderman asserted that the site would not have noise.
Principal Olsen addressed the question of vandalism by stating that since the installation of surveillance cameras the vandalism had dropped to almost zero. He considered the building more of a target than the Sprint enclosure and commented that the building was being installed with an alarm. Mr. Ditterick pointed out that the flagpole/towers would be lighted 24 hours a day and that would contribute to less vandalism.
Mr. Browne confirmed that Sprint would pay all costs associated with construction and maintenance. Mr. Palmer asked about the construction materials in the enclosure wall. Ms. Alderman said that was determined by City ordinance and could be chain link, wood or block. All Sprint required is that the area be enclosed. She noted that landscaping would also screen the site. Mrs. Dominge asked if the enclosure would be of CMU or decorative block. Mr. Bradford asked that the enclosure be aesthetically pleasing. Councilmember Dain told the neighborhood representatives that a landscaping and architectural plan would be submitted to the city subsequent to this hearing. Mr. Dameron observed that most requirements were outlined in the ordinance. Councilmember Dain suggested that the enclosure match the construction of the school. He mentioned that the plans would be approved in the Development Review Committee process. Mr. Cartwright suggested that the poles be constructed as close to 200 South as possible. Mr. Dominge asked about access to the site from the turn-around. Ms. Alderman explained that a gate would be installed in the chain link fence. Mr. Ditterick said that the curb would be cut and a driveway installed and a 8 - 12 foot chain link gate installed.
Mayor Ellertson observed that a site plan would have to be brought to the city. Mr. Palmer promoted the site by the turn-around. Mr. Dameron questioned the setback requirements of the ordinance since this site was so close to the duplexes. The setbacks outlined in the ordinance were disclosed to be 3 times the height of the pole. The Council questioned the source of the setback requirement. City Attorney Gordon Duval explained that it had been incorporated from the model ordinance promoted through the Leagues of Cities and Towns. He added that the setbacks can be set at the Council’s discretion. Ms. Alderman observed that the setback was outdated and the new poles were designed to collapse within themselves.
Ms. Dominge asked why the school had been chosen as a site for a cell tower. Mayor Ellertson explained the RF studies and how a “hole” in the coverage would be filled. Councilmember Dain suggested a raised planter for the flagpole/towers to be installed on. Mayor Ellertson wondered about the safety issues of a raised planter in a playground. It was discussed briefly. Councilmember Acerson asked if the poles would be climbable. Mr. Ditterick explained that they would be no more climbable than a regular flagpole, but that the diameter made climbing more difficult.
City Attorney Gordon Duval observed that there still was a financial issue with the City to solve. He noted that article 3.1 of the agreement provided for in the resolution had been challenged by Sprint. He observed that the challenge is a valid argument and recommended to take article 3.1 out of the agreement. Councilmember Acerson clarified that Mr. Duval did not wish to test the challenge. Mr. King observed that the City Council could give approval as to form and take out the parts not applicable to Sprint. This would not change the ordinance as it is passed and adopted.
Mayor Ellertson summarized the discussions of the City Council as: 1) the Radio Frequency health/safety issues cannot be used to deny a permit, 2) the location is on the west end of the field near the duplexes and 200 South, 3) the site will be as close to 200 South as possible according to the Uniform Building Code, 4) the array will consist of 3 flagpoles, 5) the site will be aesthetically pleasing and harmonize with the setting, 5) article 3.1 of the agreement will be deleted to solve the financial issue with the city, 6) a business license fee will be due to the City, and 7) a formal agreement between the school and the school district is encouraged. Mr. Westbroek added reminded that the tower will be a collapsible structure and. After discussion, the Council decided that the setback of 3 times the height is should be waived. Mayor Ellertson asked for a motion.
COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY SPRINT PCS WITH THE FOLLOWING CONDITIONS IN FIVE CATEGORIES:
CATEGORY 1, LOCATION: THE SITE WILL BE LOCATED NORTH OF THE TURN-AROUND AT 200 SOUTH AND ABOUT 800 EAST AND THE EQUIPMENT ENCLOSURE WILL BE LOCATED NEAR THE SOUTHWEST CORNER OF THE OAK CANYON JUNIOR HIGH SCHOOL FIELDS. BECAUSE THE TOWERS WILL BE DESIGNED TO COLLAPSE WITHIN THEMSELVES THEY WILL BE PLACED AS CLOSE AS POSSIBLE TO 200 SOUTH AND CLOSER THAN THE SETBACK ALLOWANCE REQUIRES TO THE HOMES TO THE WEST OF THE STRUCTURE.
CATEGORY 2, AESTHETICS OF THE POLES: THE SITE WILL CONSIST OF A THREE FLAGPOLE CONFIGURATION, 80 FEET HIGH OR LESS. THE COLOR WILL BE ENVIRONMENTALLY COMPATIBLE AND BLEND WITH THE SKYLINE. THE LANDSCAPING WILL INCORPORATE A RAISED PLANTER, ACCENT LIGHTING, A POLE LANYARD AND A LOCK BOX, AND FLAGS PROVIDED BY THE JUNIOR HIGH SCHOOL OF THE PROPER SCALE.
CATEGORY 3, AESTHETICS OF THE ENCLOSURE: THE EQUIPMENT ENCLOSURE WILL BE LOCATED IN THE SOUTHWEST CORNER OF THE OAK CANYON JR HIGH FIELD AREA. IT WILL BE LANDSCAPED AND BOUND BY A BLOCK WALL. THE BLOCK WALL WILL CONSIST OF A COMBINATION OF TEXTURES AND MATCH THE JUNIOR HIGH BUILDING IN ARCHITECTURE AND COLOR. THE ENCLOSURE WILL BE TOPPED BY A SLOPED COVER OF FENCING MATERIAL THAT WILL NOT BE VISIBLE FROM THE GROUND, BUT IS DESIGNED TO FUNNEL PLAYGROUND BALLS BACK TO THE GROUND.
CATEGORY 4, FEES: THE CITY COUNCIL STRONGLY ENCOURAGES THE DISTRICT TO LEAVE THE LEASE FEES COLLECTED WITH OAK CANYON JR. HIGH SCHOOL. IN THE CASE OF A SECOND LOCATOR, THE LEASE FEES SHALL GO TO THE LINDON AND ROCKY MOUNTAIN ELEMENTARY SCHOOLS.
CATEGORY 5, AGREEMENT WITH CITY: THE FINAL AGREEMENT SHALL BE IN SUBSTANTIALLY THE FORM AS SUBMITTED AND AS AGREED TO BY THE PARTIES. THE MAYOR IS GIVEN THE AUTHORITY TO REVIEW AND SIGN THE AGREEMENT FOR THE CITY AFTER MODIFICATIONS ARE MADE.
THE COUNCIL FINDS REASONABLE EVIDENCE TO WAIVE THE REQUIREMENTS OF SECTION 5.07.060(B) IN FAVOR OF ALPINE SCHOOL DISTRICT. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Agreement - 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. This item was continued from the January 16, 2001 meeting. The Director of Bookmobile Services, Mr. Edwin Walker, has been invited to attend.
Mayor Ellertson invited Mr. Edwin Walker, the Director of Bookmobile Services to address the Council. Mr. Walker asked the population of Lindon and was told about 8300. Mr. Walker compared the population of Lindon to that of Alpine as similar in number. He said that there were misconceptions concerning Bookmobile service and use. The misconceptions are that the Bookmobile’s purpose is to serve rural areas, mostly children, and to augment or replace a school library. He told the Council that he had been bringing reading to neighborhoods for 24 years. He listed the various stops of the Bookmobile in Lindon in the past as Lindon Elementary, Aspen Elementary, and Rocky Mountain Elementary. He observed that the best hours for the Bookmobile are after school hours. He stated that he would like to build the clientele in Lindon and asked for suggestions on where to stop and help in advertising the hours and locations.
Mr. Walker informed the Council that he could get any book a patron ordered either on the Bookmobile or mailed directly to a patron. He said that the main purpose and basic goal of the Bookmobile is to encourage reading for all ages. He recounted an experience in the Provo library system where it was found that the main library’s circulation increased when the Bookmobile operated in those neighborhoods. He felt that the Bookmobile reminded people to read.
Mr. Walker acknowledged that patron use of the Bookmobile stops ebbed and flowed in cycles. He informed the Council that Lindon patrons checked out 2400 books this last year, while Alpine patrons checked out 13,000. However, he noted, that the cost of the Bookmobile service in Lindon still figured $.80 per capita, where library services state-wide figured at $19.42 per capita. He did not feel that Lindon’s investment was a waste. He said that the highest use of Lindon patrons in the past was 7000 book per year, and this year was the lowest use ever.
Mr. Dameron noted that Lindon residents used both the Orem and Pleasant Grove libraries. Councilmember Acerson asked Mr. Walker to estimate the number of patrons in Lindon rather than the number of books. Mr. Walker told the Council that Bookmobile cards are issued to families rather than individual patrons. He estimated that 100 families in Lindon were issued Bookmobile cards. He told the Council that one problem may be that the stops had changed location and time in Lindon, where in Alpine the stops had never changed.
Councilmember Acerson asked Mr. Walker what kinds of materials the Bookmobile carried besides books. Mr. Walker informed the Council that the Bookmobile had a few “high-quality” videos and CD-ROMs, but the bulk of material carried are books and audio books. He observed that because of the lack of space the Bookmobile carried only the “cream of the crop,” and was forced to be selective.
Councilmember Acerson inquired if the best locations for stops were those that could be
walked to, or if people would drive to an established stop. Mr. Walker claimed that a 1 mile radius of the stop draws the most patrons, however, he cited examples of patrons who drive from Highland and Lehi to use the stops in Alpine.
Mayor Ellertson commended Mr. Walker for a job well done. Mr. Walker acknowledged that the Bookmobile is underused in Lindon. Mr. Glen Westbroek gave the Council a testimonial of his family’s use of the Bookmobile. Mr. Walker asked the Council’s help in advertising the Bookmobile to Lindon residents. Mr. Westbroek advocated a stop on State Street as more visible. Mr. Walker suggested a third stop be added to Lindon. Mr. Dominge recommended that Lindon have more that one stop and would like to see 3 stops. Councilmember Dain asked if the LDS Chapel at 400 North 500 East is a good location for Lindon. Mr. Walker agreed that the Chapel is a good location for the east side and the City Center would be a good location for the middle of town. Councilmember Dain suggested Creekside Park as a location for the west side of town. It was confirmed with Mr. Walker that the 3 stops in Lindon as outlined above would occur for the contract price of $6,315.00. It was decided that the City Center stop would received the peak hours right after school. The Council agreed to inform the residents of Lindon of the new Bookmobile stops and times in the utility bill and an article in the local newspaper. Mr. Walker was asked to have the agreement modified and sent to Lindon for signature.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REVISED CONTRACT WITH THE UTAH COUNTY BOOKMOBILE SERVICE AS OUTLINED ABOVE. THE NEWSPAPER SERVICES PRESENT WERE ENCOURAGED TO PUBLICIZE THE NEW STOPS AND TIMES AS DETERMINED BY THE BOOKMOBILE DIRECTOR. THE SCHEDULE WILL BE NOTED IN THE UTILITY BILL TO LINDON RESIDENTS. THE CONTRACT WILL CONTINUE FOR ONE YEAR ON A TRIAL BASIS TO ATTEMPT TO BUILD READERSHIP. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action - Traffic Calming Program. The City Council will hear a final report on the proposed traffic calming program for citizen initiated requests for traffic calming devices. Mark Christensen of JUB Engineers will present the material to the Council.
Mayor Ellertson noted that the changes requested in the previous meeting were incorporated into this draft. He observed that this program would allow a “dual path” to accomplish traffic calming projects within the City. The City could initiate and approve measures, and citizens could follow the outlined process in this program. The changes in the draft were discussed and approved.
COUNCILMEMBER BATH MOVED TO ADOPT THE LINDON CITY CITIZEN INITIATED TRAFFIC CALMING PROGRAM AS DRAFTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Review and Action - Quit Claim Deed. The City Council will review a proposed quit claim deed which will establish the right of way line for Canal Drive along property belonging to Steven and Laurie Long. The right of way line will be established behind the curb with a 7.5' public easement along the back of the curb. This action will assist in clearing up boundary disputes between neighbors.
Mr. Dameron informed the Council that City Engineer Dave Thurgood had reviewed the descriptions on the submitted Quit Claim Deed. This would move the right-of-way line to the back of the curb as previously discussed in the meeting of December 19, 2000. It was noted that since this action was an attempt to settle a property line dispute between neighbors, this action should be subject to evidence of the rear property line adjustment with the adjacent property owner. The property transfer was explained to newspaper representatives present in the audience.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE ISSUANCE OF THE QUIT CLAIM DEED TO STEVEN AND LAURIE LONG WITH THE CONDITION THAT SATISFACTORY EVIDENCE IS SUBMITTED THAT THE BOUNDARY DISPUTE BETWEEN THE NEIGHBORS IS SETTLED AND AUTHORIZE THE MAYOR TO SIGN THE QUIT CLAIM DEED ON BEHALF OF LINDON CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS:
WATER, GENERAL PLAN, BUILDING INSPECTIONS, ENGINEERING
Councilmember Dain reported on the Open House held in the neighborhood surrounding the Hollow Park site. The Council and the Housing Authority of Utah County had presented a plan to build housing for disabled adults at about 400 North 350 East. He informed the Council that the issue raised by residents was that park property was hard enough to come by that they didn’t want it given away. Mr. Dameron suggested that a rendering of the proposal be presented to the residents at another meeting. He felt that the residents might visualize the proposal better. Councilmember Hatch reported that Mr. Gene Carly, Director of the Housing Authority, had put in for the funds to build the proposal. Mayor Ellertson suggested that a layout of the park may help the neighbors to visualize the project also.
As an aside, Mayor Ellertson reported on the meeting Friday, February 2, 2001 with representatives from the Trust for Public Lands. He noted that the possibility of funding for the 1st phase of the Hillside Preservation may have been committed. The Councilmembers discussed this project for a few minutes, noted that the appraisal would be completed within a month, the engineering review was underway, the total number of acres involved, and possible amount of City commitment. Councilmember Dain suggested review of the water requirement in hillside lots. Mr. Dameron observed that this item would be discussed further at the February Retreat.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch reported that plans for the golf course proposed for the landfill site were moving along. He told the Council that the developers had presented a plan to the Solid Waste District that included miniature golf also. He asked about a if piping in the old drainage ditch on the west side of 2000 West south of the Transfer Station Entrance was abandoned. Mr. Dameron said that he would have the Public Works Director look into this matter.
He reported that Mr. Gene Carly had submitted a request for $100,000 to build a home for the disabled in Lindon. The funds should be available availability should be decided by mid-March. A resolution was for 2001 is needed to assign the funds to the project where we want them to be used this year.
Councilmember Hatch asked if the City could require developers to submit the restrictive covenants of a subdivision before recording to verify they are not contrary to city ordinances. He wondered if City Ordinances override CC&R’s and contended that developers were changing the character of the town.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless reported that she had attended a Hollow Water shareholder’s meeting. They had complained of refuse in the ditches. She wondered if a notice could be put in the utility bills encouraging residents to keep the ditches clean and refuse-free.
She asked about up-coming Planning Commissioner term expirations and possible candidates for the positions.
Councilmember Bayless reported that the street light on the corner of Lakeview and 400 West was experiencing problems.
Mr. Dameron asked if the Councilmembers would like a tour of the renovated Lion’s Club building. The Councilmembers discussed the use of the building and that a tour would be nice.
STREET, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath reported that in the last 2 weeks of January 9 citations had been issued to speeders in the Hollow area. He noted that 19 citations had been issued on 400 East of which 13 were for speeding.
He observed that water was still leaking by the LDS Seminary at Oak Canyon Jr. High School. Mr. Dameron will report the leak to the Public Works Department for investigation.
PARKS, RECREATION, EMERGENCY MNGMENT, LINDON FAIR, NEWSLETTER
Councilmember Acerson informed the Council that the property for sale on State Street next to Lindon City Park had been reduced in price from $180,000 to $125,000. Councilmember Bath observed that he had noticed the real estate company showing the property.
Councilmember Acerson asked about the possibility of condo-conversion of the rental property on 200 South and 700 East. It was noted that the owners had previously applied to convert but were discouraged by the Planning Commission at that time.
He reported that Sprint was installing high-speed Internet access in homes in Lindon. He presented a flyer advertising the service.
Mayor Ellertson reported on the North County Mayor’s meeting of Monday, February 5, 2001. He noted that the Mayors were looking for additional funding to construct connecting roads from their communities to the new I-15 Interchange. He noted that he had talked with 2 property owners about Lindon’s right-of-way for 700 North. The Mayors had talked about storm water conveyance between the communities. He reported that the Timpanogos Special Service District was amenable to the possibility of potential connections to their system for Lindon’s west side. He disclosed that legislation on the “ZapTax” was being drafted.
He reported that the Attorney General’s office had granted him an appointment where he had presented a copy of City Attorney Gordon Duval’s letter of 2 years ago dealing with the relationship between cities and school districts in regards to development. The Attorney General’s office will now be giving opinions, which was not done in the past. He also had given them a copy of legislation proposed by Mike Thompson that would make school districts subject to all City ordinances.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Announced several dates that Councilmembers should add to their calendars:
a. The City-Wide Open House will be Thursday February 8, 2001 at 7:00 P.M.
b. The Retreat at the City Center is scheduled for Saturday, February 10, 2001 at 8:00 A.M.
c. The Annual URMMA Training will be held on Wednesday, February 14, 2001.
d. The Lindon/Pleasant Grove Engineering Coordination Meeting will be Thursday, February 15, 2001. Councilmembers Bayless and Bath volunteered to attend.
e. The Presidents Day holiday will be Monday, February 19, 2001.
f. City-Wide Clean Up Day is scheduled for May 19, 2001
2. Submitted a proposed policy on work-place violence.
3. Disclosed that the final plans for the Special Improvement District would be ready in about 2 weeks and the advertising for bids could commence.
4. Asked for questions concerning the UDOT letters which were enclosed with the packet. There were none.
5. Reported that he had attended a training in Riverdale and was impressed with their recreation center. He pointed out the plans enclosed in the Staff Report and told the Councilmembers that Riverdale had about the same population base as Lindon. He felt this was a project the City could do.
6. Drew attention to the Speed Trailer Report. He noted the speeds recorded in the Hollow area of 200 East.
7. Mentioned that he had URMMA review possible city liability for the traffic circle. Although they suggested signs and pavement marking, they said that nationally traffic circles did not present a great risk. He noted the accident report showing 2 accidents at the traffic circle in December 2000. The report was reviewed and it was found that one accident was related to ice and the other to visual impairment of the driver, not the traffic circle itself. The Councilmembers discussed the accident report submitted by Officer Cody Cullimore. Councilmember Dain suggested that Councilmembers look at the design of the traffic circle located North of the Provo Towne Mall near the Sears entrance.
8. Solicited candidates for the position of Lindon Days Chair. Councilmember Bayless submitted a name for consideration.
9. Presented a proposal by Vic Deauvono to annex property near the Timpanogos Special Service District Treatment Plant for a recreational project. The Councilmembers discussed the proposed landfill in the Cedar Fort, Fairfield, Eagle Mountain area.
10. Conveyed a request by Life Imaginings to present their program to the City Council. The Councilmembers expressed little interest.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN AT 12:05 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - February 20, 2001
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Ott H. Dameron, City Administrator/Recorder
_____________________________________
Larry A. Ellertson, Mayor
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