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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2002 Council Minutes » June 4, 2002
June 4, 2002
The Lindon City Council held a regularly scheduled meeting on Tuesday, June 4, 2002, in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Mayor Larry A. Elllertson
Invocation: H. Toby Bath
PRESENT ABSENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember arrive at 9:34 p.m.
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
The Meeting began at 7:10 P.M.
PROCLAMATION - Bureau of Reclamation Day
Mayor Ellertson informed the Council that the Bureau of Reclamation had asked the Cities of Utah to declare June 17, 2002 as a day to celebrate their 100th birthday and their accomplishments for the western states. Mr. Dameron has drafted this proclamation for the Council’s consideration. Mayor Ellertson read the proclamation to the Council and audience. A typographical error was pointed out.
COUNCILMEMBER ACERSON MOVED TO ACCEPT THE PROCLAMATION OF JUNE 17, 2002 AS “BUREAU OF RECLAMATION DAY” AS PROPOSED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
MINUTES
The Minutes of the meeting of May 28, 2002 will be available on June 18, 2002.
OPEN SESSION - Citizens comments
Mr. Wayne Gardner inquired about an item that did not appear to be on the agenda, which concerned a newspaper article in the paper about a change in the sexually oriented business ordinance. Mr. Dameron noted that this change will be discussed as Item number four. The amendment was explained to Mr. Gardner. Mr. Gardner commented that, as a former resident of Houston, he was concerned about sexually oriented businesses locating in this community.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson reported all of his meetings would be held later in the week so he had nothing new. He asked if there were any questions for him. There were none.
CONSENT AGENDA - No items.
CURRENT BUSINESS
1. Continue Public Hearing - Ordinance Amendment - Cable TV, Non-Exclusive Franchise. The City Council will hear public comment and possibly act to approve an ordinance which amends Chapter 5.05 - Cable TV Non-Exclusive Franchise - of the Lindon City Code. This hearing is continued from the meeting of May 28, 2002.
COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson observed that this is a continued public hearing from the last meeting. He commented that he had reviewed the proposed amendment for the changes requested. Mr. Dameron noted that the current draft seems to have answered all of the concerns raised at the previous meeting. Councilmember Acerson observed that the agreement rules have been deleted. Mayor Ellertson agreed and then questioned the 90 days notice in the “notice of change” clause as longer than the normal. City Attorney Gordon Duval agreed and replied that the standard in telecommunications agreements is 90 days. Mr. Scott Dansie, representative for AT&T, commented that the reason for the 90 days notice is probably the billing system. AT&T is required by the Federal Government to give their customers 30 days notice in advance of any billing change. Mayor Ellertson asked if a situation is important enough that it requires notice in less than 90 days, is there the potential for a faster notice system. Mr. Dansie replied yes and assured the Council, with his personal guarantee, that it would occur as quickly as possible.
Mr. Dameron asked about the governance of cable TV. Mr. Dansie replied that federal laws supersede the state and local laws. Mayor Ellertson asked if there were other questions. Mr. Dameron asked if notary blocks are needed on the agreements. Mr. Duval replied no.
COUNCILMEMBER HATCH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE 2002-13 AMENDING THE LINDON CITY CODE CHAPTER 5.05 CABLE TV NON-EXCLUSIVE FRANCHISE. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUS (4-0 AND 1 ABSENT). THE MOTION CARRIED.
2. Review and Action - AT&T Franchise Agreement. The City Council will consider the renewal of the cable TV non-exclusive franchise agreement with AT&T (TCI of PA. And UACC Midwest, Inc.) This item is continued from the meeting of May 28, 2002.
Mayor Ellertson observed that this item is a proposed ordinance granting a cable TV franchise. He asked if there were any questions. There were none. Mayor Ellertson asked Mr. Duval about paragraph two of clause one about a possible conflict between the provisions of the cable TV ordinance and this franchise agreement. Mr. Duval replied that in contract interpretation the courts have ruled that the franchise agreement rules because it is the more specific document. The ordinance is more general. Mr. Dansie suggested that the acknowledgment of the City’s exercise of police power addresses the Mayor’s concerns.
Mayor Ellertson questioned clause four about access to open trenches. He asked if AT&T was involved with blue stakes. Mr. Dansie replied that they are a member of Blue Stakes and will be notified by them when someone is digging across installed cables. Mr. Dameron mentioned that he would see that AT&T was included in the notice process. Mr. Dansie thanked him and observed that this would allow AT&T to install in open trenches without having to dig up roads after the fact. Mayor Ellertson commented that this would happen during the platting process before Blue Stakes is involved. Mr. Dansie confirmed this statement.
Mayor Ellertson observed that clause number nine appears to shift costs, so they are passed on and show as a separate charge on a customer’s bill. Mr. Dansie confirmed that all taxes will show separately on a customer bill. Mr. Gardner asked if this franchise would cover television signal only, or if the company would add broadband when it is available in this area. Mr. Dansie replied that the franchise agreement covers the use of the City’s right-of-ways–the network in the ground. He added that when AT&T provides broadband to the residents of Lindon, it will use the same right-of-ways. There would be no additional construction.
Mr. Dameron asked about additional franchise tax on broadband services if or when they are available. Mr. Dansie replied that, at the present time, federal law prohibits levying a tax on cable internet service. Mayor Ellertson noted a clause in the franchise agreement that is a general statement to cover future taxes. Harlow Clark, representative for the New Utah newspaper, asked if this would allow the city to tax a new service. Mr. Dansie replied that changes in the law would require an amendment to the ordinance, but the agreement would not have to be renegotiated.
COUNCILMEMBER HATCH MOVED TO APPROVE ORDINANCE 2002-14 GRANTING A CABLE TELEVISION FRANCHISE AGREEMENT TO TCI OF PENNSYLVANIA, INC. AND UACC MIDWEST, INC. COUNCILMEMBER ACERSON SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUS (4-0 AND 1 ABSENT). THE MOTION CARRIED.
3. Public Hearing - Ordinance Amendment - Water Requirement West of Geneva Road. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.66.010 - Transfer of Water Stock - of the Lindon City Code to reflect the current policy of requiring ½ share of North Union Irrigation Company water shares, or equivalent, for development west of Geneva Road. The Planning Commission recommended approval.
COUNCILMEMBER BATH MOVED TO OPEN THE FOUR FOLLOWING PUBLIC HEARINGS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson observed that this ordinance amendment alters the requirement of water stock transfer in areas west of Geneva Road. He asked if there were questions. There were none. Mr. Smith explained that the Council adopts a fee schedule each year that sets the requirement of ½ share per acre in areas west of Geneva Road. This will change the ordinance to match the fee schedule. Mayor Ellertson confirmed that the reason for the reduced requirement west of Geneva is that the industrial businesses located in those industrial zones use less water.
Mr. Harlow Clark asked what would happen if an industry applied to build there that had high water use. Mr. Smith replied that additional water share requirements may be made part of the conditional use permit process. Mayor Ellertson suggested that the statement “unless the operation of the customer is deemed to require more water” be added to the amendment. Councilmember Dain suggested that normal use may need to be defined then. Mr. Gardner verified that this amendment applied to industrial areas only and not residential areas. Mr. Smith confirmed this statement.
The normal use of water in residential areas was discussed. Mr. Dameron suggested that the amendment be clarified by including the statement “non-residential use west of Geneva Road.” The Council agreed. Mayor Ellertson asked if there was other comment or discussion. There was none.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2002-15 TO AMEND 17.66.010 - TRANSFER OF WATER STOCK, WITH THE CLARIFICATION OF “NON-RESIDENTIAL USE WEST OF GENEVA ROAD,” AND SUBJECT TO THE MAYOR’S REVIEW AND APPROVAL. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUS (4-0 AND 1 ABSENT). THE MOTION CARRIED.
4. Public Hearing - Ordinance Amendment - Designation of 700 North as a Gateway Street. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.61.020 - Sexually Oriented Businesses, Gateway Designation - of the Lindon City Code to designate 700 North street as a Gateway street to the city. This action will add requirements and increase distance separation for such businesses. The Planning Commission recommended approval.
Mayor Ellertson introduced this item to designate 700 North as a Gateway Street in the Sexually Oriented Businesses ordinance. Mr. Smith explained that Section 17.61 - Sexually Oriented Businesses was adopted in 1997 to allow these businesses a reasonable opportunity to locate in Lindon. At that time the Gateway Streets were listed, but now Lindon is building the new freeway interchange and needs to add 700 North to this list. Mayor Ellertson asked if the section of 700 North where it turns to 800 North is included. Mr. Smith replied no and clarified that the area is residential and does not qualify for sexually oriented business location. Only areas zoned heavy industrial qualify. Mayor Ellertson asked if there was comment or questions. There were none.
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE 2002-16 TO AMEND SECTION 17.61.020 SEXUALLY ORIENTED BUSINESSES OF THE LINDON CITY CODE. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUS (4-0 AND 1 ABSENT). THE MOTION CARRIED.
5. Public Hearing - Ordinance Amendment - Alterations to Non-Conforming Signs. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 18.04.020 - Alterations to Non-Conforming Signs - of the Lindon City Code to delete the prohibition against simply changing text or the sign face on a non-conforming sign. The Planning Commission recommended approval.
Mr. Smith noted that this amendment is a recommendation from the City Attorney. It allows a business to change the face of a non-conforming sign only. If a business wishes to change the sign other than the face, the sign will need to be replaced with a low-profile sign as required in the current ordinance. Mr. Duval has given his opinion that the ordinance as currently written is not defendable. After discussion, the Council decided to leave in the words “materially modified,” which had been recommended to be struck. Mayor Ellertson asked if there was further comment. Mr. Gardner asked how many non-conforming signs were in Lindon. Mr. Smith replied seven or eight.
COUNCILMEMBER DAIN MOVED TO APPROVE ORDINANCE 2002-17 TO AMEND SECTION 18.04.020 ALTERATIONS OF THE LINDON CITY CODE AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS ABSENT
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE IS UNANIMOUS (4-0 AND 1 ABSENT). THE MOTION CARRIED.
6. Public Hearing - Proposed Budget for Fiscal Year 2002/2003. The City Council will public comment concerning the proposed city budget for fiscal year 2002/2003. Two public work sessions have been held where the budget issues were discussed. Tonight, staff will present the issues associated with the proposed budget including the city’s fee schedule, and then the Council will give direction to staff on each budget issue. The public hearing for budget adoption is scheduled for June 18, 2002.
Mayor Ellertson commented that the Council has met five or six times to talk about the proposed budget. He added that this is a continuation of the process moving toward approval in two weeks. Mr. Dameron noted that there has been two advertised work sessions where discussion has narrowed the focus to six budget issues.
Councilmember Dain asked if there had been a determination of the fiscal impact of changing the certified tax rate. Financial Director/Treasurer Kristen Colson informed the Council that Lindon City’s certified tax rate is .2018% currently. It is customary for that percentage to decrease each year. This proposal is to hold the tax rate at .2018% and go through the truth in taxation process. She has estimated a net increase of approximately $50-60,000 in revenues to the City by this action. She added that it might be perceived as a tax increase because of the slow economy. Mayor Ellertson observed that since the certified tax rate has decreased over the last five to ten years, this change may allow the City to build a park. He wondered if the residents might approve the change if it is used for the right reason. He commented that the truth in taxation process would allow the City to determine what people want.
Councilmember Bath asked if the City could earmark the money for a specific project. Mayor Ellertson replied yes. Councilmember Dain expressed the opinion that he would agree if he could see the money going to a specific project. Mayor Ellertson asked what was involved in the truth in taxation process. Mr. Dameron replied that there is not that much to do administratively. Some advertising would be needed and some public meetings. Councilmember Dain asked if other cities routinely use the process. Mr. Dameron replied that the Alpine School District uses the process quite frequently. The process was explained and discussed with Mr. Harlow Clark. Mr. Gardner suggested that a notification be sent in the utility bill so that residents are aware of this proposed change. This was discussed and approved for the July billing.
Mr. Dameron suggested that the budget not include the additional money for now, and then if it is approved the budget can be amended in August. Mayor Ellertson agreed and suggested that the money be earmarked for park improvements. He commented that he will be interested in hearing what people have to say. Mr. Dameron suggested a poll of the Council on the certified tax rate. The Council confirmed consensus to hold the certified tax rate at .2018% and go through the truth in taxation process, but not to include the amount in the budget for now. Mr. Gardner clarified that the taxes go to the County and the County pays back to the City and the other entities their portions of the levy. This was confirmed. He asked why the rate decreased each year. Mayor Ellertson explained that the tax is figured on the assessed value of the property, but no more taxes can be taken without notice to the property owner.
Ms. Colson explained Budget Issue number 2 as an increased garbage bill for residents. She added that this is a “pass through” consumer price index (CPI) increase of 2.9% requested by BFI. The increase would translate as $.22 for the first can and $.10 for each additional can. The rate would increase from $8.95 to $9.17 for the first can and from $4.20 to $4.30 for any additional cans. Councilmember Bath asked if BFI had shown proof that they had experienced an increase in the cost of operation consistent with the 2.9%. Mr. Dameron replied no. He noted that there is an increase to the landfill that is over and above the BFI request also, although BFI has not requested that increase. He commented that the landfill bill is paid by BFI.
Mayor Ellertson mentioned previous requests by the landfill that the Cities pay their own tipping fees. Councilmember Hatch confirmed that the landfill prefers to be paid directly by the cities. Mr. Clark asked the reasoning. Councilmember Hatch replied that this would ensure that the garbage would go through the appropriate transfer station rather than BFI pocketing the amount paid to them by the City and then hauling the garbage elsewhere.
Ms. Colson mentioned that Mr. Mertz was vague about whether the increase includes the tipping fee. Mr. Dameron agreed. He told the Council that Mr. Mertz had told Ms. Colson before the meeting that it was included, but when the Council asked, he said no. The Council discussed separating the fees and tracking what loads are directly from Lindon residents. Councilmember Hatch was asked to consult with the landfill administrator about separating the tipping fee from the other billing.
Ms. Colson introduced Budget Issue number three, a proposed increase in water and sewer rates. The proposal is to raise the rates 2.9%, which is the CPI. She displayed the operational costs, which indicate an increase of 11.8%. Mayor Ellertson asked if not raising the rates to reflect the expenses would be prudent, or if this may give the City reason to monitor expenses more closely. Mr. Gardner advised the Council that the only way to control overuse of water is to charge more. He also suggested that the Council be realistic and raise for the costs. Ms. Colson showed the proposed change in rates and explained that the only base rate change would occur to reflect increased pumping costs in zone zero and one. The use rate would reflect the CPI increase.
Councilmember Acerson suggested that residents should be able to compare their usage from year to year. He felt that if citizens conserve and save on their water and sewer, they should be able to see the statistics. Mr. Gardner asked if the City fined over users. Councilmember Dain replied that the City was reluctant to fine, but preferred to use door hangers and phone calls to remind residents to conserve. Mr. Gardner suggested that statistics for average water use be added to the annual secondary water letter. An informal poll was taken of the Council and the result was that the increase be 2.9% and better management of the costs for next year. Councilmember Acerson mentioned that City Engineer Dave Thurgood had suggested this approach and that it would balance over time.
The employee salary increase to match the CPI and implementation of the salary survey were Budget Issue number four. Mayor Ellertson mentioned that he had not finished his review of the salary survey and would have it completed before the next meeting. Councilmember Acerson asked if the salary survey considered the benefits of similar employees in other cities or just compared the direct wages. Ms. Colson replied that the benefit package was not available information at the time the survey was taken. Lindon’s present percentage of wages to benefits was discussed. Mayor Ellertson suggested that an evaluation of the overall benefit package be given to employees and allow them to decide how to spend their individual package.
Councilmember Bath asked if the increased health insurance premium was included in the percentage quoted of wages to benefits. Ms. Colson replied no. Councilmember Bath also asked if a cost of living increase was included on top of the salary survey. Ms. Colson replied that the choice was one or the other, but not both.
Mr. Gardner asked if the bulk of income for the budget was from property tax. Mayor Ellertson replied that property tax, sales tax and franchise tax were the principal sources of revenue. Mr. Gardner asked if employee raises and benefits would impact capital improvement projects within the City. The Council replied yes. Mr. Dameron suggested a poll of opinion on the salary increase proposal. Mayor Ellertson suggested that the budget amounts be figured at an increase of 2.9% CPI. The Council agreed.
Ms. Colson informed the Council that Budget Issue number five concerns the health insurance premium increase. The increase is $70.85 per employee per month. Mr. Gardner asked the Council to be sensitive to the average citizen, who is “hammered.” He noted that having the health insurance fully funded is very nice. The Council discussed the health insurance package. Councilmember Dain asked if there was another package offered that might be less expensive. Mr. Dameron replied that this plan currently in effect is the cheapest available. He asked for guidance from the Council on budget amounts. Mayor Ellertson suggested that the employees be asked what they would prefer the money be spent on. Ms. Colson asked if the Council wanted to set an a cap on the amount offered for benefits or if they had something else in mind. Mayor Ellertson suggested that the amount be a percentage of the overall payroll. He then suggested that maybe this idea could be implemented next year after some in-depth research. The Council agreed and asked her to leave the issue for now.
Ms. Colson directed the Council’s attention to Budget Item number 6, Tuition Reimbursement Program, Certification Pay and Long Term Disability programs. She observed that she had surveyed the private sector for their tuition reimbursement programs and had contacted employees for their interest in such a program. She presented her information.
Councilmember Hatch asked if the certification training was paid for by the City. Mr. Dameron replied that any certifications that are required as part of the job description are paid for by the City, but any training above and beyond the job description would receive additional pay. The Council discussed the advantages of having trained employees. The amount that would affect the budget was disclosed. The program was described, the qualifications to become part of the program outlined, and the number of employees that it may affect were given.
Mr. Dameron commented that the third item, the long term disability program, is the most important. Councilmember Dain commented that he did not want the City’s employees to feel that they are not appreciated. Mr. Gardner suggested that training programs increase productivity. Mr. Dameron observed that Lindon City was fortunate to have a low turnover rate and that the benefits were a factor in that rate. Mayor Ellertson commented that the long term disability benefit is the one most appreciated over time. Ms. Colson mentioned that she had received a quote on this insurance. Mayor Ellertson asked what increase in premiums may be expected on this insurance next year. Ms. Colson reported that the premiums are based on a person’s salary. Mr. Gardner added that long term disability insurance is cheap insurance. Ms. Colson suggested that disability insurance could be paid as a deduction from the employees’ paycheck. Councilmember Dain suggested that the benefit items be prioritized by the employees before a decision is made.
Ms. Colson told the Council that the fee schedule needed review next. Mrs. Lisa Armstrong asked the Mayor for his message to put in the Lindon Days booklet by June 15, 2002. She informed the Council that the theme this year will be “Imagination Can Take You Anywhere.” Mayor Ellertson told her that he would get the message to her soon. He asked to be excused because he was not feeling well.
Mayor Ellertson was excused at 9:15 p.m.
Mayor Pro Tem Dain conducted the balance of the meeting.
Ms. Colson provided information on the proposed changes in the Lindon City Fee Schedule. She observed that water shares are increasing in value because of the drought. She displayed the updated equivalent value of a water share for a relief petition. Mayor Pro Tem Dain verified that this amount would not “drive the market” and recommended determining a value less than the current market value as surveyed from local water brokers. This was confirmed. The use of a relief petition was explained to members of the audience. The changes in the garbage, water and sewer rates were noted. Mayor Pro Tem Dain asked if there were other issues on the fee schedule. There were none. Mayor Pro Tem Dain thanked Ms. Colson for her hard work. He thanked Mr. Gardner for his input. Mr. Gardner asked if the next budget meeting would be a public hearing like this one. This was confirmed.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER ACERSON MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 9:14 P.M. AND CONVENE CONVENED THE LINDON CITY REDEVELOPMENT AGENCY. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
(The Council also met as the Municipal Building Authority during this adjournment.)
BOARDMEMBER HATCH MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AT 9:33 P.M. AND RECONVENE THE CITY COUNCIL MEETING. BOARDMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7.Review and Action - Reimbursement Agreement with Pleasant Grove City. The City Council will consider approval of this agreement between Lindon City and Pleasant Grove City which clarified the flow of reimbursement funds from UDOT to Pleasant Grove City and Lindon City for the new I-15 Interchange expenditures.
Mr. Dameron directed the Council’s attention to the proposed agreement with Pleasant Grove. He explained that this agreement was required by UDOT. UDOT will reimburse Pleasant Grove for the new I-15 Interchange as funds are received from the Federal-Aid Highway, and Centennial Funds. Pleasant Grove will then reimburse Lindon for their part.
COUNCILMEMBER HATCH MOVED TO APPROVE THE REIMBURSEMENT AGREEMENT WITH PLEASANT GROVE CITY. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Bayless arrived at 9:34 p.m.
8. Review and Action - Computer Policies - Upgrades and Disposal. Staff requests the City Council approve of this policy statement with regards to how the city handles computer hardware and software upgrades as well as disposal of obsolete equipment.
Mr. Dameron noted that this suggested policy is outside of the normal surplus property ordinance. Mayor Pro Tem Dain observed that Mayor Ellertson had suggested a word change from “will” to “may” on the last sentence of Objective One. He also suggested a new sentence in Objective Two, “resulting information will be used on the timing of server upgrades.” He asked if there was any comment or discussion. Councilmember Hatch suggested that local needs be considered first on Objective Three. Councilmember Bath and Mayor Pro Tem Dain agreed. Mr. Dameron pointed out that this was covered in Sentence Three of that Objective. Mayor Pro Tem Dain asked if there was other discussion. There was none.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE PROPOSED LINDON CITY COMPUTER POLICY AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
9. Review and Action - Pheasant Brook Park Design. This is a request by staff to approve the final design of the Pheasant Brook Park at approximately 500 North 800 West. This new design incorporates the minor changes requested by the Council.
Mr. Dameron observed that this item requests formal approval of the changes on the Pheasant Brook Park Design. Mayor Pro Tem Dain asked if there was discussion. Councilmember Hatch commented that he approved the new design.
COUNCILMEMBER HATCH MOVED TO APPROVE THE PHEASANT BROOK PARK CONCEPT PLAN. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
10. Review and Action - Resolution for Housing Consortium. This City Council will consider a resolution which directs the use of funds allocated for the use of Lindon City from the Utah Council Housing Consortium.
Mr. Dameron presented this resolution to authorize the Utah County Housing Authority to use Lindon City’s allocation of funds to construct a home for the disabled on property owned by the City at approximately 350 East 400 North. This resolution has been requested by the Housing Authority. Mayor Pro Tem Dain asked the timing of construction of the housing. Mr. Dameron replied that he was not certain, but conjectured that it would probably be next spring. Councilmember Hatch confirmed that Housing Director Gene Carly was aware of the Council’s request for preference placement of Lindon residents in the home.
COUNCILMEMBER BAYLESS MOVED TO APPROVE RESOLUTION 2002-5 AUTHORIZING THE HOUSING AUTHORITY OF UTAH COUNTY TO USE LINDON CITY’S ALLOCATION OF FUNDS FROM THE UTAH COUNTY HOUSING CONSORTIUM/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. Review and Action - Landscaping Agreements with UDOT and Gateway LLC. This is a request for approval of landscaping agreements between Lindon City and UDOT and Lindon City and Gateway LLC to provide for landscaping of UDOT property along Lindon’s 800 West in the Home Depot area of the city.
Mr. Dameron explained that these agreements concern the strip of property where 800 West bends onto UDOT property between 100 200 South and 200 600 South. This will allow the property to be landscaped and transfers the City’s responsibility to Gateway LLC. Gateway LLC will install and maintain the landscaping. Councilmember Bayless commented that UDOT’s contract is with Lindon City and then Lindon City is contracting with Gateway LLC. Mr. Clark asked if it was UDOT’s policy to work with a City and not with developers. This was confirmed. It was noted that Gateway LLC was mentioned in the agreement between Lindon City and UDOT. Mayor Pro Tem Dain commented that Mayor Ellertson noted questions on responsibility for the cost of the landscaping and the duration of the contracts. These were examined and discussed. It was determined that the clauses pertaining to these questions were clear and correct. Mayor Pro Tem Dain asked if there were other questions or comments. There were none.
COUNCILMEMBER BATH MOVED TO APPROVE THE LANDSCAPING MAINTENANCE AGREEMENTS WITH UDOT AND GATEWAY LLC. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain presented a proposal for Lindon City to purchase the Lindon Irrigation Company pumping station. He explained that a water broker has approached the Company to buy the water rights, but they would like to give the City a chance. He had information on the capacity of the well and a list of shareholders. Mr. Dameron suggested that this be discussed in an engineers meeting before bringing to the Council. Councilmember Dain said that he would forward the information to the City Engineer, Dave Thurgood.
Councilmember Dain made a suggestion for volunteer manning of the fire station. He asked if it was inappropriate to ask for support from the LDS Church in requesting volunteers. Mr. Dameron replied that this was an excellent idea. Councilmember Acerson offered to request a call for volunteers from his Stake President. It was decided to ask the Mayor to request the same from the other stake.
Councilmember Dain asked about progress on the 700 North alignment and condemnation appraisal. Mr. Dameron told him that he was hoping to have it on the agenda for June 18, 2002.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch presented pictures of the mega-bailer being hauled to the landfill. The pictures were discussed and explained.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless commented that she had brought English Trifle to celebrate Queen Elizabeth’s Golden Jubilee. She added that the trail head dedication for Dry Canyon had been held recently. Mayor Pro Tem Dain commented that the Forest Service had announced the purchase of the property around the mouth of the Canyon and up the face of the mountain. Councilmember Bayless confirmed the announcement and that they had a good trail ride for three hours. She thanked the Staff for their support and help in the trail head dedication and mentioned specifically Don Peterson, Kristen Colson and Karen Devine.
Councilmember Bayless commented that she and Mr. Smith had attended a “trail retrofitting” conference and more information would be forthcoming.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath reported on his meeting with the Pleasant Grove Mayor and Fire Chief. He commented that the decision was to put a pumper truck, ambulance and tender in the new Fire Station. Mayor Pro Tem Dain asked when they would be in the building. Councilmember Bath replied that the vehicles would be in the new building by the end of the week. He added that the fire department has reassigned five or six people to respond from this station. Councilmember Bayless observed that computer people are working on the network problem with the dispatch station and would have resolution by the end of the week. He reported that the police intend to put vehicles here also, including an animal control truck to take care of Lindon’s immediate needs.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson had nothing to report for this week.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Reported that the employees were considering a summer party at Sundance, Seven Peaks, or other similar activity.
2. Noted that the Recreation Committee would report on the survey at the next meeting.
3. Asked for convenient dates and times to schedule a meeting with UTOPIA. They would like to report on the preliminary assessment. He asked the Council to call him later with this information.
4. Announced that the Mayor and staff would like to start a part-time position for a “Volunteer Coordinator,” who would work with service and church groups in Lindon to complete various opportunities for volunteer projects. He asked to be contacted with suggestions of a person to fill this position.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER ACERSON MOVED TO ADJOURN AT 10:01 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - June 18, 2002
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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