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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » June 5, 2001
June 5, 2001
Tuesday, June 5, 2001 beginning at 7:00 P.M. in the Lindon City Council Chambers at 100 North State Street, Lindon, Utah.
PRESENTATION
The outgoing Little Miss Lindon Royalty and the incoming Royalty will make a presentation to the Council.
Mayor Ellertson turned the time over to the out-going Little Miss Lindon, Ashlyn McCurdy.
Ms. McCurdy thanked the Mayor and City Council for the opportunity to serve the City as Little Miss Lindon 2000/2001. She introduced the new Little Miss Lindon, Whitney Merrifield and her attendants Ashley Savage, Alexis Olsen, Kayla Card and Callie Crosby.
MINUTES
A Review of the minutes of the Budget Work Session and the Regular Session of May 15, 2001 was held. Corrections were made.
A review of the minutes of the Budget Work Session of May 29, 2001 was held. Corrections were made.
OPEN SESSION- Citizens comments
There was no comment.
MAYOR’S COMMENTS/REPORT
Mayor Ellertson mentioned that the Little Miss Lindon Royalty of 2001-2002 will be highlighted in the Lindon Days Celebration in August. He encouraged citizens to get involved in the preparations for Lindon Days.
Mayor Ellertson thanked the residents of Lindon for their participation in the City-Wide Service Day.
He reported that the current Pioneer Park Project, a pioneer home replica, was progressing. Other projects slated this year for the park are a pavilion and a restroom.
He announced a City-wide Open House for June 14, 2001 at 7:00 P.M.
Mayor Ellertson expressed sincere appreciation to the residents who are prudent in their water use. He encouraged them to keep up the good work.
CONSENT AGENDA
There were no items.
CURRENT BUSINESS
1. Discussion - Design Review of LDS Stake Center. This is a request by representatives of the LDS Church for a review of several issues surrounding the development of a Stake Center at approximately 50 East 600 North. Two of the most pertinent issues involve street improvements to 600 North Street and the installation of a storm drainage line in 600 North with intersection improvements at 600 North Locust Avenue.
Mr. Smith disclosed that the proposed location of the LDS Stake Center had raised three important issues: vehicular access, pedestrian access, and storm drainage. Since all the solutions proposed entailed spending city money, the Planning Commission has requested that the City Council review this design application and give guidance.
City Engineer Mark Christensen presented the Council with four proposals, A, B, C and D. All the options include paving six feet on the north side of 600 North which solves the vehicular access problem. He said that the storm drainage problem will be solved by running a storm drain pipeline up 600 North from Locust Avenue to the intersection of Main Street. He suggested putting a storm drainage inlet box at the end of the current sidewalk and improving the existing inlets on Locust Avenue.
Mr. Christensen then presented the four options to solving the pedestrian access issue. Options A and D proposed putting sidewalk on the south side of the street and Options B and C proposed constructing a gravel path on the north side of 600 North. Option A includes clearing and installing a sidewalk behind the trees on the south side of the street without moving the fence or the trees. Option B proposes a gravel path on the north side of the street which ends partway down the street and connects with a crosswalk to the existing sidewalk on the south side. Option C suggests a gravel path the entire length of the north side of the street to connect to the existing sidewalk at the corner of 75 West Street. Option D advises a plan to install curb and gutter along the edge of the current street near the trees and sidewalk behind the trees, on the south side of the street. Costs for each option were discussed. Mr. Christensen declared that Options A and D were more expensive, but more convenient to users of the street. He told the Council that the options did not include restoration of landscaping.
Councilmember Dain suggested that no parking be allowed along the curb under the trees. However, he asked, why put in temporary curb and gutter. He advocated removing the trees now. Mr. Christensen agreed that the presence of the trees created many problems.
Mayor Ellertson observed that the trees affected the sidewalk and the width of the road. He commented that development usually puts in the curb, gutter and sidewalk. He turned to the agreement between Ms. Afton Fryer/Huggard, Mr. Max Harper, and Lindon City. He said that his interpretation of the agreement was that the City would widen the pavement on the north side of 600 North and development would be responsible for installing the curb, gutter and sidewalk. He expressed the opinion that the improvements on the north side would eventually be taken care of and felt that the focus should be to find a permanent solution for the south side of the street. Mr. Christensen agreed and pointed out that more curb, gutter and sidewalk already exists on the south side of the street.
Councilmember Dain suggested that the City put in the curb, gutter and sidewalk on the north side of the street and be reimbursed by the development on Ms. Huggard’s property. Mr. Dameron mentioned a special improvement district and a lien on the property. Ms. Huggard refused to lien her property. Mr. Smith suggested a notice of assessment and a reimbursement agreement. He said that this procedure allowed the City to be paid back, but did not put a lien on the property.
Councilmember Dain commented that the improvements on the south side of the street were inevitable. He said that it was known that the work needed to be done, it was just a matter of time.
Mr. Shawn Reeves of 53 West 650 North suggested that the City work for permanent solutions, rather than temporary fixes. Mayor Ellertson agreed. The Mayor added that he liked trees, but felt that leaving these trees would prolong the problems with safety at this intersection. Councilmember Dain commented that the north side could be done now, but the south side would have to done eventually. He commented that the trees could be taken out later if a solution was found to the water and snow accumulation. He pointed out that the City was obligated to do the asphalt. He suggested that the project be finished right and the sidewalk put in. Councilmember Acerson suggested that the project be done now, in the right way so that it won’t have to be done again.
Mr. Roger Knell, representative of the LDS Church, told the Council that the Church had requested this design review to solve several issues. These issues are 1) the portion of road at 600 North near Locust Avenue; 2) funding of the storm drain line from Locust to Main Street; 3) the installation of storm drain from the chapel site to 200 East; 4) installation of the water line and sewer line from the chapel site to 200 East; 5) the discussion of a driveway access from the back of the parking lot to Main Street; and, 6) the Colledge issue.
Mr. Christensen addressed the utility questions. He pointed out that the City would have enough pressure for fire flow by putting in the Main Street water line. Mayor Ellertson asked if the water line was required for looping of lines. Mr. Dameron replied that the City would be responsible for installing the water line from the east boundary of the church property to 200 East. Mr. Knell was asked to have the Church call the City when that section of 600 North between the chapel and 200 East was ready to have the water line installed in it. Mr. Christensen said that a sewer line did not need to be looped and the homes on 200 East were served from the line in the street there. Mr. Dameron suggested putting restrooms on the west end near Main Street, so a sewer line would still not be needed for the east end of 600 North near 200 East Street. Mr. Christensen said that the storm drain also would not be needed past the chapel’s east driveway in 600 North to 200 East. The size of the storm drain line was discussed.
Mr. Dameron addressed the CIP budget for storm drain projects. He suggested that although the project schedule had slated the storm drain project in 600 North for 2005, the schedule could be pushed forward. He asked if the Church would fund the storm drain for the present and the City would refund them. He said that the funding schedule could be moved up to the 2002/2003 year and the Church could be paid back before the chapel was occupied. The Council agreed to look at moving up this project.
Mr. Knell asked about the 25 foot entry to Main Street. Councilmember Dain pointed out that the parking lot had 2 exits onto 600 North. He compared it with other chapels in Lindon and felt that this was adequate. Councilmember Acerson agreed. Mr. Knell replied that the target of number of parking spaces for a chapel of this size is 250. He said that this parking lot contained 272, which exceeds the target. The Council’s consensus was that the 25 foot entry was not necessary.
Councilmember Dain asked if the Colledge’s were amenable to looping the water lines through their property where Main Street will eventually be built. Ms. Christine Colledge, who was in attendance, agreed.
Mayor Ellertson asked the Council to refocus on the 600 North and Locust issue. He summarized the discussion before and said that his interpretation of the opinions was that the south side should be done right, and curb, gutter and sidewalk put in. He asked if there should be curb and gutter on the north side. He asked Mr. Dameron about funding. Mr. Dameron thought that it might be funded as a special project. Mayor Ellertson asked Mr. Christensen for an estimate. Mr. Christensen estimated $30,000. Mayor Ellertson recommended that this action be taken. Councilmember Dain asked if the trees should be removed. Mayor Ellertson felt that if the project was done right they should be taken out. Ms. Holyoak agreed. The neighbors discussed the situation.
Councilmember Dain suggested that the project include putting smaller trees in behind the sidewalk for the Lee’s. Councilmember Acerson observed that in his opinion, the Lee’s shed was a bigger issue than the trees. The location of the shed and the probability of a variance was discussed.
COUNCILMEMBER DAIN MOVED TO WIDEN 600 NORTH TO A FULL WIDTH OF 34 FEET THE FULL UNFINISHED DISTANCE BETWEEN LOCUST AVENUE AND 75 NORTH STREET, REMOVE THE TREES AND REPLACE THEM WITH UP TO SIX 2- INCH CALIPER TREES ON THE SOUTH SIDE OF THE SIDEWALK, INSTALL ASPHALT ON THE NORTH SIDE OF THE STREET, AND WAIT FOR DEVELOPMENT TO PUT IN THE CURB, GUTTER AND SIDEWALK. COUNCILMEMBER BATH SECONDED THE MOTION.
Ms. Huggard interjected before the vote and asked for further information on a Notice of Assessment and putting curb and gutter on the north side of the street. She was told that there would be no lien on the property, and the City would be paid back by the buyers of the lots. Ms. Huggard decided that she would be agreeable to the proposal if it did not go behind the fence. Councilmember Dain told Ms. Huggard that the improvements would be done in sync with the building of the church and the storm drain installation.
COUNCILMEMBER DAIN MOVED TO AMEND THE MOTION TO INCLUDE CURB AND GUTTER ONLY ON THE NORTH SIDE OF THE STREET WHICH WILL BE PAID BY THE CITY AND REIMBURSED BY PLACING A NOTICE OF ASSESSMENT ON THE AFTON HUGGARD PROPERTY TO BE COLLECTED AT THE TIME BUILDING PERMITS ARE ISSUED. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Preliminary Plat - Ostler Industrial Park, Plat “B.” This is a request by Mike Ahlin for preliminary subdivision approval for Ostler Industrial Park Plat “B”, 1-lot, MD zone at 100 South 2000 West. The Planning Commission has recommended approval of this request.
Mr. Smith told the Council that the Planning Commission had two recommendations; that the City consider moving the drainage ditch east to allow for road expansion, and, that the access easement be at least 30 feet wide and include cross easements to the lot and the remnant parcel.
The access across the ditch and the City Engineer’s requirements were discussed. Mr. Mike Ahlin explained that the cross easement had been moved north so that it could be shared with the property there and minimize the crossings on the ditch.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE REQUEST BY MIKE AHLIN FOR PRELIMINARY APPROVAL OF OSTLER INDUSTRIAL PARK, PLAT “B” A 1-LOT SUBDIVISION WITH THE CONDITIONS THAT:
1) THE DEVELOPER AND LOT OWNER FOLLOW THE CITY ENGINEER’S REQUIREMENTS CONCERNING THE DRAINAGE DITCH ALONG 2000 WEST; AND
2) THE ACCESS BE SHARED BY THE LOT AS WELL AS THE REMAINING PROPERTY TO THE EAST, BE A MINIMUM OF 30 FEET WIDE, AND AT THE LOCATION SHOWN ON THE PRELIMINARY PLAT.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Preliminary Plat - Glacier Mountain Estates, Plat “A.” This is a request by Scotty Halls for preliminary subdivision approval for Glacier Mountain Estates, Plat “A,” 13- lots, R1-20 zone at approximately 600 North 300 East. The Planning Commission has recommended approval of this request.
Mr. Smith pointed out that the deep lot had been removed from the present plat. He also reported that the North Union Canal had been determined to be located on the Pheasant Hollow property and not within the confines of this parcel. The North Union Canal Company and the property owners of Pheasant Hollow were unwilling to pay to pipe the Canal. Councilmember Dain commented that the piping should be done by the property owners who benefit from the extra land it creates.
Mr. Smith introduced Blake and Ann Spencer’s concerns to the City Council. He showed the Council their parcel and the narrow access. Councilmember Dain questioned the triangle portion of Lot #8 that precluded access to the Forrester parcel. He felt the portion was unnecessary for Lot #8's frontage requirement and would give the Forrester parcel better access to a street.
Mr. Spencer told the Council that he had lived on a 15 foot wide, 500 foot long access road from 200 East for 30 years. He had two acres that were essentially landlocked. He showed the Council how he would eventually like to divide his parcel into four one-half acre parcels if he had access.
Mr. Spencer had two proposals for getting him some access through the Halls property. He presented those drawings, one of which would give Mr. Halls 11 lots and swing the 600 North south to the property line to front on Mr. Spencer’s property, and the other may retain the 13 lots by stubbing a modified cul-de-sac from 600 North to the South. Mayor Ellertson asked Mr. Spencer if the second option would solve his access problem since it did not provide access to the rear of his parcel. Mr. Spencer indicated that this would give him adequate access to his home which was enough for now. Mr. Halls expressed a desire to help the Spencers since they are neighbors, however, for his subdivision to be economically feasible he needed 13 lots.
Mr. Spencer proposed an alternative solution. He asked if he could widen his current access from 15 feet to 25 feet. It was pointed out that he still would not be able to subdivide. He said that he just wanted to get in and out of his parcel more comfortably. Mr. Kenison indicated that Mr. Millet presently owned the home just north of the lane on 200 East. He would need to be contacted to see if he was willing to allow 10 feet along his home. Mr. Kenison indicated that if Mr. Millet was not willing to cooperate, that 10 feet past the end of Mr. Millet’s property may still be possible. Mr. Spencer agreed that this may be better than nothing. Mr. Kenison also considered this proposal better for the sewer connection. Mayor Ellertson suggested that this request be continued for two weeks for these options to be researched and discussed with the neighbors.
Mr. Spencer also asked about access to the flood irrigation still being used from the Canal. He indicated that two neighbors and himself were still using the flood irrigation to water their pastures and gardens. The ditch was pinpointed and discussed. Mr. Spencer was asked to work with Mr. Halls to find a solution.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE REQUEST BY SCOTTY HALLS FOR PRELIMINARY APPROVAL OF GLACIER MOUNTAIN ESTATES, PLAT “A” A 13-LOT SUBDIVISION TO ALLOW OPTIONS TO BE EXPLORED CONCERNING IMPROVED ACCESS AND IRRIGATION WATER TO THE SPENCERS, AND ACCESS TO THE FORRESTERS. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Public Hearing - Proposed Budget for Fiscal Year 2001/2002. The City Council will hear public comment concerning the proposed city budget for fiscal year 2001/2002. 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 19, 2001.
COUNCILMEMBER DAIN MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Dameron presented the proposed budget for 2001/2002 and explained that two public work sessions had been conducted on this budget so far. He asked Finance Director/Treasurer Kristen Colson to present the budget and the budget issues. Ms. Colson presented an overview of the Budget Message. She presented and explained Budget Issue #1, a COLA increase of 2.8% for City Employees. A straw poll was taken and an affirmative indication was given. Issues #2 and #3, the insurance increase for employees and the BFI pass-through increase were also tentatively approved. Mayor Ellertson did warn that, at some point in the future, employees would need to contribute to the insurance premium payments.
Issue #4 concerns the proposed water rate increase. Mr. Dameron explained that the City Engineer Dave Thurgood had left earlier, but he had left a booklet explaining the 27 percent deficit in the water fund and proposing options to remedy this situation. He asked the City Council to study the information and the options before the next meeting. He observed that some kind of rate increase was needed, it was just needed to determine whether to continue supplementing the water fund from other sources and gradually increase the rate, or to bring the rate up to match the deficit this year.
Ms. Colson then reviewed the changes in the fee schedule. She pointed out changes and additions to the schedule. There was a brief discussion of water share value. It was decided to research the current market value of water shares and match that value in the fee schedule for a relief petition. Mayor Ellertson asked if the public had any comment. There was none.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO ADJOURN THE CITY COUNCIL AND CONVENE THE REDEVELOPMENT AGENCY AT 11:13 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN THE MUNICIPAL BUILDING AUTHORITY AND RECONVENE THE CITY COUNCIL AT 11:23 P.M. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Review and Action - SID Update and Additions. Jason Burningham, financial advisor, will be present to give the Council an update on the SID process, and a list of additional improvements requested by the developer will be presented to the Council for consideration of inclusion for funding.
Mr. Dameron introduced Mr. Jason Burningham to bring the City Council up to date on the Gateway Project. Mr. Burningham told the Councilmembers that he had met with Johansen/Thackeray to discuss releasing the proceeds of the RDA bond.
Mr. Burningham told the Council that the SID bond had been pre-sold to Bank One for 5.6 percent and a cap of $2.4 million. He said that finalizing the costs to complete the bond resolution and an assessment list and ordinance were needed to complete the procedure. However, as the Council is aware, the construction bid for the SID was lower than expected and even allowing for overruns, there is extra bond capacity. Johansen/Thackeray have prepared a list of additional improvements they would like to see funded by the SID. The Council needs to decide what improvements they will allow to be added to the SID so that the costs may be finalized and the bond issued.
The Council discussed the time limits on deciding the amount of the bond. Mr. Burningham suggested reconciling the RDA with Johansen/Thackeray before approving overruns on the SID. The Council discussed holding the bond proceeds if the RDA did not reconcile. They also discussed bonding the SID for the maximum and then paying off portions of the bond early if it was decided not to fund the additional improvements. They discussed the expenses that could be anticipated by returning funds early. It was decided that there may not be a prepayment penalty, but there was a negative arbitrage of .5 percent.
The Council looked at the list of additional improvements submitted by Johansen/Thackeray. It was discussed that items 5 & 6 may be considered part of the RDA. Items 1, 2, and 3 may be legitimate SID expenses. It was noted that a request for street lighting was not on the list. Councilmember Dain observed that he was not happy with paying for improvements that should have been completed in the RDA again in the SID. The Councilmembers agreed.
Mr. Burningham was asked what would happen if the City did not move on the SID bond now, but waited to work things out with Johansen/Thackeray. Mr. Burningham indicated that the interest rate may go down, but the process points would be higher and the bond would have to be rebid because Bank One’s offer would expire. It was noted that requests #5 and #6 on the list of additional improvements would be needed to attract retail business to the Gateway Project. Mayor Ellertson suggested approving the bond and then working out the details with Johansen/Thackeray. Councilmember Dain suggested going with the approved cap of $2.4 million. Mr. Burningham told the Council that he would check for inclusion of a extraordinary or redemption call clause so that if the conditions with Johanson/Thackeray are not met, that the partial amount can be refunded back to the bank.
COUNCILMEMBER DAIN MOVED TO APPROVE THE ISSUANCE OF BONDS TO FUND THE GATEWAY SPECIAL IMPROVEMENT DISTRICT IN THE AMOUNT OF $2.4 MILLION WITH AN EXTRAORDINARY REDEMPTION CLAUSE. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Discussion - Ordinance Amendment, Chapter 17.46.100 - Detached Accessory Apartments. The City Council will discuss this proposed amendment to allow detached accessory apartments in the residential zones within certain parameters. A public hearing was held during the meeting of April 3, 2001 where the Council requested this item to be brought back at a later time.
After discussion, COUNCILMEMBER HATCH MOVED TO CONTINUE THE DISCUSSION OF THE PROPOSED AMENDMENT TO CHAPTER 17.46.100-DETACHED ACCESSORY APARTMENTS TO A LATER DATE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action - Property Purchase. During the negotiations for the property used for the new I-15 Interchange on/off ramps within Lindon City, the city and the Municipal Building Authority agreed to issue bonds to the property owners to acquire this land. Bonds were issued for one of the parcels, however, the other parcel owned by BCR Enterprises has only recently cleared the title to the property. Due to this delay and the affordable price of this smaller parcel, staff proposes to use Class “C” fund reserves to purchase this property outright. The price of this parcel is $119,324 (.9552 acres.) The estimated savings in future interest charges and bond issuance fees is approximately $80,000.
After discussion, COUNCILMEMBER HATCH MOVED TO APPROVE THE PURCHASE OF THE PARCEL OWNED BY BCR ENTERPRISES FOR $119,324.00 AND TO AUTHORIZE THE MAYOR TO SIGN ALL DOCUMENTS NECESSARY FOR THIS PURCHASE. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain had nothing to report.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch reported that the developer of the Saddleridge Estates project, Mr. Davis was not working with the neighbors to pipe the ditch to the storm drain.
Councilmember Hatch asked for an update on the fixing of the Manzana Acres pipe break and street repairs.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless asked for weeds in the future expansion area of Pheasant Brook Park be either mowed or sprayed.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath had nothing to report.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson had nothing to report.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Announced a neighborhood meeting to present the Hollow Park Concept Plat on June 14, 2001 at 7:00 P.M..
2. Passed around pictures of a completed Eagle project that had installed walkways to the Pavilion Pad in Pioneer Park.
3. Asked Councilmember Hatch if his wife would prefer that the City Offices take over scheduling of the arena. Councilmember Hatch said that he would check with her.
4. Reported on a meeting with the police, Walkers and the City Attorney concerning the search for an ordinance to help solve the teen loitering problem at Walker’s on State Street.
5. Announced an 2002 Olympic “Light the Fire” meeting. He asked if any of the Councilmembers wished to attend. They declined.
6. Suggested work sessions to consider the ordinances needed to implement the adopted General Plan. The Council decided to schedule work sessions for July.
7. Presented a letter from the City Attorney on traffic circle liability.
8. Presented a letter from the City Engineer concerning 600 East Canal Drive that included a recommendation to improve the sight distance.
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