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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2000 Council Minutes » July 18, 2000
July 18, 2000
The Lindon City Council held a regularly scheduled meeting on Tuesday, July 18, 2000 beginning at 6:00 P.M. in the Lindon City Center, Council Chambers at 100 North State Street, Lindon Utah.
Conducting: Mayor Larry A. Ellertson
Pledge of Allegiance: Jeremy Wangemann, Troop 366
Invocation: Ott Dameron
PRESENT ABSENT
Larry A. Ellertson, Mayor
James A Dain, Mayor Pro Tem
Jeff Acerson, Councilmember
Toby Bath, Councilmember
Lindsey Bayless, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
REGULAR SESSION
The meeting began at 6:09 P.M.
PRESENTATION - Ginger Romriell, Lindon Days Chair, has been invited to give the Council a status report on preparations for the Lindon Days celebrations.
Mayor Ellertson invited Ginger Romriell to give her status report. Ms. Romriell apologized for her lack of a voice because of a bad cold, and asked the Council what they would like to know. Mayor Ellertson asked if things were progressing without delays. Ms. Romriell replied that she had planned the same schedule as last year and everything was progressing except the motivational speakers for Sunday. They had canceled. She mentioned that she had raised $1100 in donations for Lindon Days and that Alexander’s Printing was donating $3500 toward the printing of the Lindon Days program book. Ms. Romriell commented that the Lindon/Pleasant Grove Chamber of Commerce declined to donate this year toward the balloon festival as they had done in previous years.
Ms. Romriell then quickly listed the events that were planned beginning with a balloon festival the morning of August 5th and ending with the fireworks display the evening of August 12th. She reminded the Council to sign up for the dunking booth and mentioned that she had been working with Public Works Director Don Peterson to rewire the Lindon City Park Pavilion, which had problems last year. Mayor Ellertson handed Ms. Romriell a letter requesting space at the fair for a spay and neuter booth. Ms. Romriell mentioned there were 25 booths, so far, for the fair.
MINUTES
Review of the Regular Minutes of June 20, 2000 and the minutes of an Executive Session on June 6, 2000.
The minutes of the Regular Meeting of June 20, 2000 were reviewed. The following corrections were made:
Page 10, Line 23: Change the word “feet” before the word “shift” to “foot”.
Page 10, Line 25: Change the word “feet” before the word “shift” to “foot”.
Page 12, Line 44: Change the word “complemented” after the word “Dain” to “complimented”.
Page 13, Line 3: Replace the words “copies of the proposed renewal agreement for the Housing Consortium. The Consortium has completed the consolidated plan and this proposed interlocal agreement is the implementing instrument for the plan” with “brochures describing what the Utah Valley Housing Consortium was all about. As a member of the consortium, he mentioned the need for the renewal of the interlocal agreement between the Cities of Utah Valley, which is done every five years. Nothing has changed from the previous agreement. It’s just an update. He felt the Council should also at the same time revisit the agreement with the Utah Housing Authority, whom Lindon City has contracted with to administer Lindon’s part of the consortium funds.”
Page 13, Line 8: Add the word “at” between the words “Street” and “Utah”.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING JUNE 20, 2000 AS CORRECTED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL WERE IN FAVOR. THE MOTION CARRIED.
The minutes of an Executive Session on June 6, 2000 were reviewed. No corrections were necessary.
COUNCILMEMBER BATH MOVED TO APPROVE THE MINUTES OF AN EXECUTIVE SESSION ON JUNE 6, 2000. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION
Mayor Ellertson asked if all the people in the audience were here to address the same issue. It was determined that most were–only one had another issue, so he was asked to address the Council first.
1. Boyd Walker, 35 South 400 East
Mr. Walker introduced himself to the Council and stated that he is a school bus driver. He wondered if something could be done about all the RV’s, boats, trucks and construction vehicles that line the streets of Lindon. He said they were blocking the roads and made his job difficult. He particularly mentioned all the cars along the corner of State and Center at Utah Auto Sales. He said that corner was very difficult to see around.
Mr. Walker then also commented on the fireworks issue. He said that he likes fireworks, but knows that they send horses through the fence. He said that he had a flyer on his door just last night.
City Administrator Ott Dameron was asked to give the background of the fireworks issue. Mr. Dameron said that about a week ago, Councilmember Bath had contacted him and told him that a member of his ward, a Mr. Jorgensen, had some fireworks in his possession that were not appropriate legal in the state of Utah. It was his neighborhood’s desire to have a fireworks party and wanted to have the City’s help. Mr. Dameron, Mr. Jorgensen, Mr. Dean Steele of URMMA, Lindon Public Works Director Don Peterson, and Fire Chief Mark Hales met at the Pioneer Park to discuss the situation. They decided the distance requirements could be met. Mr. Hales said he would provide a fire truck and qualified shooters. This week URMMA, the city’s insurer, decided they will not insure this event because the fireworks were not purchased from an approved vendor. The City started getting calls. Mr. Dameron presented a picture of a horse injured on the Fourth of July as an example of what can happen when fireworks and animals mix. There were many other calls. Councilmember Bath started receiving calls. Mr. Dameron was disturbed that flyers were being distributed in the neighborhoods stating this event would be the “first annual” event. Councilmember Bayless asked if the vendor issue was the only reason for URMMA’s rejection of coverage. Mr. Dameron confirmed.
2. Barry Nielsen, 590 East Center
Mr. Nielsen stated that the fireworks in question were illegal fireworks. These fireworks are not allowed in this state. It sets a dangerous precedent to allow them under the city auspices. It is a public safety issue. He has called the police before about illegal fireworks in his neighborhood.
3. Ann Nielsen, 590 East Center
Mrs. Nielsen says that personally she has nothing against fireworks. She says that her corrals border the school grounds on the north side. Her concern was trying to calm her horses during the event. She compared horses to dogs in a situation where there were fireworks involved, and explained that some were okay and some terrified. She said to multiply that by about 20 times for the difference in weight and then try to understand her dilemma.
4. Ginger Romriell, 14 North 400 East
Ms. Romriell asked if other insurance coverage could be bought. Mr. Dameron confirmed that insurance was available from other carriers. She suggested that owner’s move their animals to a safe distance or put them in barns and bring dogs inside temporarily. The fact that people would know in advance about the display gave them this option and was better than individual groups setting off random displays.
5. Devin Sims, 484 East Center
Mr. Sims said that he had horses. He has neighbors who have fireworks that spook his horses. He thought the Pioneer Park/Rocky Mountain Elementary School was a better location than his street, but suggested moving the display to the Lindon Days fireworks site. Mr. Sims said he was on both sides–he likes fireworks and thinks they are fun, but doesn’t want his horses hurt either.
6. Mike Jorgensen, 55 South 400 East
Mr. Jorgensen laughingly described himself as the perpetrator of all the controversy. He explained that he was called on the Fourth of July and asked not to light his fireworks. He said he wants to solve the problems so the fireworks display can be held. Mr. Jorgensen said he had a neighbor who will board the horses for the evening. He has someone qualified to set off fireworks. He has a 400 foot clear circle. He will pay for the fire department and the police department to block the street and have a standby fire truck available. Mr. Jorgensen pointed out that although he knows two wrongs don’t make a right, illegal fireworks are being set off in neighborhoods all over Lindon. He doesn’t know if the police department is unwilling or unable to enforce, but feels that he is being singled out and just wants to make it right and still have a fireworks display.
7. Ruth Udall, 44 South 400 East
Ms. Udall feels this is a great way to make fireworks safe. She feels that the illegal fireworks being set off all over Lindon in neighborhood streets and cul-de-sacs are the ones that should be stopped, not an organized event like this one.
Mayor Ellertson expressed his thanks for the comments. He recognized Lindon citizens’ valid concern for property. He also recognized Lindon citizens’ desire to congregate and have some fun. Since URMMA had rejected to insure the event, he could not recommend proceeding to put it under the city umbrella. There may be other ways to accommodate the event if all parties agree to make it safe and work together.
Mayor Pro Tem Councilmember Dain worried about setting a precedent. Mr. Jorgensen commented he was willing to pay for fire, police and insurance, had a clear space of over 300 feet, and had solved all but the animal issue. Mayor Pro Tem Councilmember Dain wondered what the City response should be or could be if future groups applied for similar events.
Mr. Jorgensen asked what guidelines determine a firework as illegal. Discussion ensued about the classes of fireworks. It was determined that any firework that leaves the ground is illegal. Councilmember Bath commented that a rough count of horses in the neighborhood is 23 to 24. He felt that was a lot to be concerned about and to move. Councilmember Bayless expressed her concern about the lack of insurance and the fact that URMMA says no. Mr. Dameron reiterated that insurance could be bought, but he was concerned about setting a precedent. He feels that City sponsorship of an illegal fireworks event opens a door to future events. Councilmember Bayless felt it was would not be comforting knowing the vet bill was paid if injury occured, she would rather not have an injured horse. Mayor Ellertson asked if an open question of, would animal owners were be willing to move their horses. Mr. Mark Udall commented that this precedent would set a standard for following events–hire the police and fire departments, buy insurance, and move the animals. Ms. Romriell offered her talents and time to stage a 24th of July event. Mayor Ellertson felt the city should concentrate on its own event of Lindon Days.
Mr. Jorgensen brought the debate to a close by withdrawing his request to hold a fireworks display. Ms. Romriell suggested donating the fireworks to the Lindon Days celebration. Councilmember Bayless pointed out there was still the problem with insuring the fireworks because of not knowing where they were bought. Mr. Jorgensen said he bought them off the back of a two ton truck.
Mayor Ellertson confirmed there would be no fireworks display in Pioneer Park on the 22nd of July.
MAYOR’S REPORT
Mayor Ellertson reported that things are still progressing on the I-15 Interchange project. He is working with the property owners. Mayor Ellertson felt that the Interchange is good for the area. He knows that Pleasant Grove wants it and it would benefit Lindon.
Mayor Ellertson reported that he is working on opening the Murdock Canal trail to the public. The Provo River Water Users Association have concerns with safety and the quality of the water. The details still need to be worked out, but they are willing if the public is educated about the risk of the canal itself and the fact that the water is also used for culinary purposes.
The third issue the Mayor introduced was the preservation of the mountainside. He pointed out that most people did not realize how far up the mountain private property extended. It was not automatically Forest Service property. He was working with developers and other property owners property owners and others to preserve the mountainside.
Mayor Ellertson asked to be excused to go give a presentation to the Provo City Council. He would return later in the meeting. He asked Mayor Pro Tem Councilmember Dain to conduct the meeting.
(Mayor Ellertson left at 7:07 pm)
BUSINESS
1. Appeal - Utility Billing Charges. The Lindon Cannery experienced an unusually high culinary water charge recently due to a leak in a major water line on the property of the Cannery. City policy allows a credit of up to 50% of the “overage” charge. Mr. Kelsey Ruse, manager of the Cannery, will present his request for a larger credit.
Mr. Dameron presented this item to the Council. He explained the break in the line had leaked out thousands of gallons. He mentioned that Mr. Kelsey Ruse of the Lindon Cannery was not in the audience.
COUNCILMEMBER BAYLESS MOVED TO HOLD THIS ITEM UNTIL THE REQUESTER HAD ARRIVED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
2. Discussion - Cricket Communications. Paul Fath, representing Cricket Communications, is requesting Council approval of the antenna design for co-location at the 60' level upon the Sprint Tower. Council has previously approved co-locations at the 90' level and the 80' level on the same tower.
Mr. Dameron introduced Mr. Paul Fath to the Council. He noted for the Council that they had previously approved co-locations for Voicestream at the 80 foot level and AT&T at the 90 foot level. Mr. Dameron directed the attention of the Council to the letter and picture included in their packets. Mr. Fath said they would need a 10 x 16 foot area within the Sprint compound for equipment, and their antennas would be placed at the 70 foot level.
Mr. Dameron mentioned he was a little disappointed that there was no stealth technology involved in this antennae installation. He knew that advances in the technology had been made and was hoping it would be less intrusive. Mr. Fath explained that stealth technology was not available on a monopole. Stealth technology was available for antennae installation on signs, light standards, etc. Mayor Pro Tem Dain questioned what provisions had been made in the design to ward off birds. Mr. Fath replied that Cricket was willing to do the same as the other companies.
There was discussion concerning the hodgepodge of antennas already in place on the tower, how many more could be placed on the tower, and at what levels, and the concerns of the property owner under the tower. Councilmember Bayless wondered at what point enough was enough. She expressed the opinion that it had gone too far already. Mayor Pro Tem Dain asked if the Council turned down this application, where Cricket could go to locate another site. After discussion, it was decided there were height restrictions in residential zones, but they could go to a commercial or industrial zone. Mr. Dameron mentioned that because Cricket planned to locate its equipment within the Sprint lease area, no money would come to Lindon City for the antennae. Only the ground lease would have income to Lindon City, and Cricket needed no separate ground lease.
Mayor Pro Tem Dain asked if the picture was accurate. Mr. Fath directed the Council to the schematic drawing as being more accurate of what would really be there. Mayor Pro Tem Dain commented the present location was a thorn in the side of the property owner. He wondered if Cricket was considering other locations. Mr. Fath explained that towers only have a range of 20 watts. That is why there is such a proliferation of towers. The Council discussed other possible locations and the question was asked if Cricket could use the tower located by Olsen Beal. The reply was no because of the location.
Mayor Pro Tem Dain explained to Mr. Fath the objections of the property owner to the traffic associated with the maintenance of the tower and antennas, and to the birds. Mr. Fath said there would be little traffic to the site once the installation was in place. He reiterated Cricket’s willingness to handle the birds in the same way as the present occupants of the site.
COUNCILMEMBER BAYLESS MOVED TO DENY APPROVAL OF CRICKET COMMUNICATIONS ANTENNAE DESIGN FOR CO-LOCATION AT THE 70' LEVEL ON THE SPRINT TOWER. THE MOTION DIED FOR LACK OF A SECOND.
COUNCILMEMBER ACERSON MOVED TO APPROVE CRICKET COMMUNICATIONS ANTENNAE DESIGN FOR CO-LOCATION AT THE 70' LEVEL ON THE SPRINT TOWER. COUNCILMEMBER BATH SECONDED THE MOTION. ALL VOTED IN FAVOR EXCEPT COUNCILMEMBER BAYLESS WHO VOTED NAY. THE MOTION CARRIED.
3. Preliminary Plat - Dana Estates, Plat “A”. This is a request for preliminary plat approval for Dana Estates, Plat “A”, 2 lots, R1-20 zone, located at 820 West Center Street. This plat was approved in 1995 but never recorded, therefore it expired. The applicant is now ready to record the plat.
Mr. Dameron explained that Mr. Smith was attending the Pleasant Grove City Council Meeting to present Lindon’s recommendation for the 1200 East collector alignment. Mr. Dameron had the information available from Mr. Smith. Mayor Pro Tem Dain asked if the Planning Commission had any issues with this plat. Mr. Dameron said they had none.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE REQUEST BY JIM HACKING FOR PRELIMINARY APPROVAL OF DANA ESTATES, PLAT “A,” A TWO LOT SUBDIVISION AT APPROXIMATELY 820 WEST CENTER STREET. COUNCILMEMBER BATH SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
4. Preliminary Plat - Fullmer Estates, Plat “A”. This is a request for preliminary plat approval for Fullmer Estates, Plat “A”, 2 lots, R1-20 zone, located at 169 South 400 East.
Mr. Dameron asked Mr. Gary Hoglund, contractor for the Fullmers to explain this request. Mr. Hoglund explained that Fullmer Estates was a two lot subdivision with lot 1 being a one-half acre lot containing the existing home fronting on 400 East. The second lot is over one acre fronting on 500 East. Mr. Hoglund commented that the frontage necessary to create a flag lot out of the second lot exists and is planned as an option sometime in the future. Councilmember Bayless asked what the frontage is and was told 140 feet.
Mr. Hoglund told the Council that the Commission had recommended pre-planning sewer easements for the flag lot to the west through lot 1. The Fullmers plan to rent out the present home when the new home is completed, so will retain possession of both homes and lots.
Mayor Pro Tem Dain confirmed that the Fullmers were aware of the payback agreement with Alpine School District for the road improvements and also the installation of sidewalk on both 400 East and 500 East. Councilmember Bayless asked if the Council should require anything on the sewer easements. After discussion, the Council concurred that nothing was required.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE REQUEST BY GARY HOGLUND FOR PRELIMINARY APPROVAL OF FULLMER ESTATES, PLAT “A,” A TWO LOT SUBDIVISION AT APPROXIMATELY 169 SOUTH 400 EAST. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
5. Preliminary Plat - Stable Ridge, Plat “A”. This is a request for preliminary plat approval for Stable Ridge Estates, Plat “A”, 8 lots, R1-20 zone, located at 100 North 580 East.
Mr. Dameron explained the background of the application. Mr. Murano was asked by the Council about the recommendations of the Planning Commission. The existing barn was pointed out in a picture. The fact that the land on the west side of the barn is already developed explained why the utility easement was not required on the long narrow portion of Lot 2.
Discussion was held briefly on the sewer requirements and Mr. Murano showed how those requirements were met on his plat. Mr. Murano pointed out that improvements were already in place on the lots fronting Canal Drive.
COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY RICK MURANO FOR PRELIMINARY APPROVAL OF STABLERIDGE, PLAT “A,” AN EIGHT LOT SUBDIVISION AT APPROXIMATELY 100 NORTH 580 EAST. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
6. Preliminary Plat - Canberra Hills, Plat “T”. This is a request for preliminary plat approval for Canberra Hills, Plat “T”, which combines 4 lots into 1 lot, R1-20 zone, located at 1410 East 200 South.
Mr. Dameron introduced this item to the Council with an overhead projection of the lots in question and the information that the request would combine four lots. Discussion was held about the topography issues and access issues. Mr. Dameron pointed out there were two lots between this lot and the debris basin to the east. These homeowners would have trouble safely backing out of their driveways if a fence was built along the sidewalk on 200 South. Discussion was held on requiring a 30 foot setback to conform with the homes on 200 South, staying with the ordinance at a 20 foot setback, and requiring landscaping to soften the fence and preclude access.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE REQUEST BY STEVE ZIMMERMAN TO AMEND CANBERRA HILLS, PLAT “I,” LOTS 125, 126, 134, AND 135 AND CREATE CANBERRA HILLS, PLAT “T,” A ONE LOT SUBDIVISION AT APPROXIMATELY 200 SOUTH 1400 EAST WITH THE REQUIREMENTS THAT FENCING BE INSTALLED ACCORDING TO CURRENT ORDINANCES, ACCESS BE RESTRICTED TO ONLY 155 SOUTH AND LANDSCAPING BE INSTALLED TO PRECLUDE ACCESS TO 200 SOUTH AND 1410 EAST. COUNCILMEMBER BATH SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
7. Resolution - Reduction in the Certified Property Tax Rate. After receiving information from the Utah County Auditor’s Office, the Certified Property Tax Rate is recommended to be reduced from the rate approved during the budget hearings, from .002203 to the new rate of .002144, a difference of approximately $21, 240.
Mr. Dameron explained that the city is required to adopt a certified tax rate by July 20th. Every year the information comes from Utah County too late to adopt at the correct rate and then Lindon has to amend the tax rate. Councilmember Bayless observed that it has always gone down. Mr. Dameron explained that cities are not allowed to reap the benefit of growth. The tax rate calculation has a built in reduction for growth. The only way to increase the tax rate is to have a public hearing for truth in taxation.
COUNCILMEMBER HATCH MOVED TO APPROVE THE RESOLUTION AMENDING THE CITY TAX RATE FOR THE YEAR 2000-2001. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
Executive Session - Property Acquisition
The Executive Session was postponed until the Mayor could arrive.
8. Authorization - Zion’s Bank Financing Arrangement. The City Council may authorize the Mayor to use the Line of Credit arrangement with Zion’s Bank to provide potential funding for property purchases and Lindon’s portion of construction costs around the proposed I-15 Interchange.
This item was postponed until later in the agenda, pending arrival of the Mayor.
9. Discussion - Multi-Year Contract - Health Insurance. The Utah Local Governments Trust, the provider of health insurance benefits to city employees, has proposed a multi-year agreement with the city. The City Council will review the provisions and discuss the merits of the proposal.
Mr. Dameron introduced this item by reminding the Council they had asked him to inquire about this in the budget hearings. The Utah Local Governments Trust has proposed not to increase Lindon City’s medical rates for two years more than 5% per year as long as the group stays within the agreed claims experience which is under 100% or lower utilization. If the claims experience goes above that, Lindon City would need to take the increase suggested by the actuary. Mr. Dameron told the Council the projected increase is 10%.
Mayor Pro Tem Dain wondered what would happen if the projected increase falls below 5%. He also asked how locked in the City would be if the employees decided they didn’t like the program. Councilmember Acerson pointed out that the City had no experience with this program and suggested calling someone else on the plan for their experience. Councilmember Acerson suggested a option to cancel if 70% of the enrollees voted to terminate. Councilmember Bayless also suggested a clause that if the claims experience goes above 100% the City be notified. Mr. Dameron thanked the Council for their input. He would present it to the Utah Local Governments Trust and then get back to the Council.
10. Agreement - Home Investment Partnership. The Council will review and act on the proposed interlocal agreement which renews the city’s relationship with the Housing Consortium of Utah County.
Councilmember Hatch explained that this interlocal agreement is a renewal of a five year contract with the Housing Consortium.
COUNCILMEMBER HATCH MOVED TO APPROVE THE RENEWAL OF INTERLOCAL AGREEMENT WITH THE HOUSING CONSORTIUM OF UTAH COUNTY. COUNCILMEMBER BATH SECONDED THE MOTION. ALL VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Hatch also said that the Council needed to look at the Housing Authority of Utah County agreement. The Housing Consortium Lindon City has contracted with the Housing Authority to administer the their funds for the housing programs, less 10% administration fees.
COUNCILMEMBER HATCH MOVED TO APPROVE THE AGREEMENT WITH THE HOUSING AUTHORITY OF UTAH COUNTY TO ADMINISTER LINDON’S FUNDS FOR THE HOUSING CONSORTIUM OF UTAH COUNTY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. Final Resolution - Creation of Special Improvement District. The City Council will consider the final resolution and related documents to create the Special Improvement District in the area of 200 South and 400 South between 400 West and 800 West, and 800 West between 400 South and 200 South.
This item postponed to await the Mayor’s arrival.
Adjourn Council and Convene the Municipal Building Authority
This item postponed to await the Mayor’s arrival.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Mayor Pro Tem Dain reported that he had spoken with Mr. Mick Johnson about the baseball property owned by the LDS Church north of the Alpine School District Bus Garage. Mr. Johnson had given Mayor Pro Tem Dain a copy of a letter from President Hacking of the Lindon West Stake expressing the desire to keep the fields open to the citizens of Lindon. Mayor Pro Tem Dain reported that the Area Presidency would allow the use of the fields with the signing of a hold-harmless agreement. Mr. Dameron confirmed that if the City signed a hold-harmless agreement, the City Recreation Director Kim Walker could schedule games for those fields.
Mr. Dameron brought up that there was talk of a water line and connection fee waiver in previous negotiations. Mayor Pro Tem Dain said that the LDS Church wanted City participation in the development of the baseball park in the amount of $2000. Discussion was held about how to participate with the LDS Church with the park and maintain the Church/State separation. Mayor Pro Tem Dain commented that the idea may or may not work, but maybe the City and LDS Church could share resources and help the recreation program also.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch asked that the possibility of installing blow-off valves in the vicinity of Kevin Simister’s and Joe Martel’s property properties be investigated. He said he had received several calls from the neighborhood, and thought these valves could help.
Councilmember Hatch also mentioned that although the flooding problem on 200 South has been solved for Leroy Jacklin, now the water is getting into Garth Gillman’s place. He wondered if something could be done to really solve the situation. Mr. Dameron said he would pass this information along to Don Peterson, Public Works Director.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENTS, ADMINISTRATION
Councilmember Bayless reported that the Trails Committee would have a report for the Council on August 15. Councilmember Dain reminded her to also come to the General Plan Committee meeting. Councilmember Bayless also was wondering the status on board appointments from the Mayor.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath had nothing to report.
PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER
Councilmember Acerson reported that he had received good feedback about the City spraying the weeds in the retention areas. He asked what the status was on the proposed park at 835 East. Mr. Dameron replied that at the last meeting Public Works Director Don Peterson suggested the plan be dropped. The City Engineer also recommended the plan be dropped. Councilmember Acerson reported that a property owner in the area had placed a piece of playground equipment (a wooden boat) on the property. He would like to put more playground equipment there. Councilmember Dain asked about the City liability. Discussion was held about the possibility of installing equipment in the existing detention ponds. Councilmember Dain noted for the Council that the Provo Rock Canyon Park is in a detention area. It was decided to discuss this item with the City Engineer and URMMA.
Councilmember Bath mentioned that an area west of Rocky Mountain and also west of Oak Canyon Jr. High along the roads was not being maintained. He was wondering if the City could sterilize the ground there to get rid of the weeds. Mention was made of putting pressure on the schools. Mr Kevin Smith had just arrived and suggested this was a weed abatement issue. The location of the pieces was more precisely pinpointed for Mr. Smith’s information.
Mr. Dameron mentioned to the Council that Mr. Smith had just returned from the Pleasant Grove City Council meeting where the proposal of the 1200 East alignment had been discussed. He asked Mr. Smith to give a report on the outcome of that discussion.
Mr. Smith said that the Pleasant Grove City Council had no problem with the proposed 1200 East alignment to 40 feet south of the present 1000 South in Pleasant Grove. Their City Engineer Craig Fryant had no problems either. The only problem that he could see was that they wanted 1000 South reconstructed in conjunction with the first phase of 32 homes. Mr. Smith thought that was putting too much financial burden on the developer. Discussion was held about a previous project with Pleasant Grove–the benefits and traffic problems that had accrued to each city. Mr. Smith reiterated that he felt making the Bald Mountain developer reconstruct 1000 South in Pleasant Grove would be an aggressive issue to force. He didn’t know how much or how many of these offsite issues Lindon could make them pay for. He reminded the Council that Bald Mountain would be appearing before them for preliminary plat approval on August 1 and some answers would be needed.
(A 10 minutes recess was suggested and approved by consensus.)
11. Final Resolution - Creation of Special Improvement District. The City Council will consider the final resolution and related documents to create the Special Improvement District in the area of 200 South and 400 South between 400 West and 800 West, and 800 West between 400 South and 200 South.
Mayor Pro Tem Dain asked if the Council was comfortable with the special improvement district. He noted there was no re-zoning. Mr. Dameron mentioned that Johanson/Thackery’s property is the collateral and their annual payment on the SID would make the annual bond payment. Mayor Pro Tem Dain asked if all the neighbors were happy and none were surprised by the amount of land taken to put in the sidewalks. Mr. Dameron was disturbed that no representatives from Johanson/Thackery were present. Discussion was held about proceeding without their presence. Mr. Dameron noted that no protests were filed to the creation of the special improvement district.
COUNCILMEMBER ACERSON MOVED TO POSTPONE THE ADOPTION OF THE FINAL RESOLUTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE AREA OF 200 SOUTH AND 400 SOUTH BETWEEN 400 WEST AND 800 WEST, AND 800 WEST BETWEEN 400 SOUTH AND 200 SOUTH. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN TO THE EXECUTIVE SESSION. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
(Mayor Ellertson returned at 9:10 PM and joined the Executive Session.)
(The Lindon City Council returned to the City Council Chambers at 9:25 PM. Councilmember Acerson was excused and left at that time.)
1. Appeal - Utility Billing Charges. The Lindon Cannery experienced an unusually high culinary water charge recently due to a leak in a major water line on the property of the Cannery. City policy allows a credit of up to 50% of the “overage” charge. Mr. Kelsey Ruse, manager of the Cannery, will present his request for a larger credit.
Since Mr. Kelsey Ruse had not arrived to present his case, COUNCILMEMBER BATH MOVED TO TABLE THE APPEAL FROM LINDON CANNERY TO AUGUST 1. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. Authorization - Zion’s Bank Financing Arrangement. The City Council may authorize the Mayor to use the Line of Credit arrangement with Zion’s Bank to provide potential funding for property purchases and Lindon’s portion of construction costs around the proposed I-15 Interchange.
Mr. Dameron reported that no information had arrived from Zion’s Bank.
COUNCILMEMBER BAYLESS MOVED TO TABLE THE AUTHORIZATION TO USE A LINE OF CREDIT FROM ZIONS BANK TO AUGUST 1. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADMINISTRATOR’S REPORT
1. Mr. Dameron reported that a resident had called with a suggestion for the Beautification Committee. A yard located at 566 East 400 North was deserving of recognition. Discussion was held about the Yard of the Year award given at Lindon Days.
2. Mr. Dameron reported that abuse of the non-watering hours restriction on secondary water has been reported on two of the City Council members. Councilmember Bayless mentioned that although she does not have secondary water, she had endeavored to obey the restriction to “avoid the appearance of evil.”
3. Mr. Dameron reported that some wild cats had taken up residence in the Lion’s Club Building at the City Park. He passed on the remark from Chief Building Inspector Phillip Brown that “Lindon had its first cat house.”
4. Mr. Dameron reported on the progress of the traffic circle on 400 East and 400 North. He said all the materials had been ordered and would be installed upon arrival. He said the estimate of installation time was one day. Discussion was held on large vehicles negotiating the turns.
5. Mr. Dameron reported that the Murdock Canal would be shut off in three weeks. Because of the dry year, the water users had consumed their allotment of water. The North Union Canal will not be affected, thus far.
6. He reported that the Lindon City Justice Court had revenues in excess of expenditures this year in the amount of $50,000.
7. Mr. Dameron reported there were two new employees at Lindon City offices. Trudy Ewert would be taking Venla Gubler’s place as Utility Clerk and Rogierre Johnston would be the new receptionist replacing Karen Clerico.
COUNCILMEMBER BATH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO RESCHEDULE THE MEETING OF THE MUNICIPAL BUILDING AUTHORITY WHEN NEEDED. MAYOR PRO TEM COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
MAYOR PRO TEM COUNCILMEMBER DAIN MOVED TO ADJOURN THE MEETING AT 9:35 P.M. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT WERE IN FAVOR. THE MOTION CARRIED.
APPROVED - August 1, 2000
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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