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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » May 15, 2001
May 15, 2001
The Lindon City Council held a regular meeting on Tuesday, May 15, 2001 beginning at 6:00 P.M. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
Lindsey Bayless, Councilmember
Toby Bath, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk
Don Peterson, Public Works Director
Kristen Colson, Finance Director/Treasurer ABSENT
Kevin Smith, Planning Director
WORK SESSION
The Mayor and City Council will discuss various budget issues for fiscal year 2001/2002.
The work session began at 6:14 P.M. The city’s Finance Director, Kristen Colson, presented a list of major expenditures that are anticipated for the budget year 2001/2002. The list was examined with the projected amounts. There was discussion of the Hollow Park improvement project. There was also clarification that the proposed west side extension of water was for culinary water and not secondary water.
Ms. Colson then presented a list of possible budget issues for 2001/2002. There was discussion on the proposed property tax increase. This increase is in response to a Utah Legislature approval of an increase in the tort limit. Since the tort limit was increased, the amount of insurance coverage has been raised, and the premiums could also climb. The Legislature has allowed the cities to raise the property tax to cover the increase in the expense of insurance premiums. Mayor Ellertson asked if the City needed to go through the Truth in Taxation process to implement this increase. Mr. Dameron replied that he was not sure, but would have the City’s insurance provider, URMMA, come and explain what was entailed.
Representatives of the Chamber of Commerce, Chamber President Dustin Sweeten, Director Sandy Siebold, and Eva Ercanbrack were present to discuss their use of the $10,000 donation for the 2000/2001 year and a requested donation of $9,000 for the 2001/2002 year. Mr. Sweeten handed out copies of the Chamber budget and commented that traditionally Pleasant Grove has contributed much more to the Chamber than Lindon. He said that comparatively based on the number of businesses in each city, last year’s contribution was more in line with what Pleasant Grove donated. He said that the Chamber had used the money to build a website and hire a part-time employee to help Ms. Siebold. He reminded the Council that the Chamber was a non-profit organization.
Mr. Sweeten told the Councilmembers that the Chamber would like to keep the part-time employee for the next year and maintain the website. He requested a contribution of $9000. Councilmember Acerson asked if the Chamber had made the donation to Lindon Days as discussed. Mr. Sweeten replied that the amount had been paid during this budget year even though they would have preferred to have paid it during the last budget year.
Councilmember Dain asked if there had been a good response to the website. Mr. Sweeten answered that they were able to do their own updates to the website. He commented that it was a good source of information for out-of-area inquiries, though the Chamber preferred personal inquiries. He informed the Council that Scott Sage was the President of the Chamber Internet Council. There was discussion of the links back and forth between the City and the Chamber web pages. It was discovered that there was no “hit counter” in place yet, but it was decided that it would be a good idea to implement one.
Mayor Ellertson asked if membership in the Chamber had grown this last year. Mr. Sweeten replied that the numbers had remained about the same, as the new memberships and the dropped memberships were approximately equal. Councilmember Acerson reminded the Chamber representatives that the Council had expressed a position that the Chamber should be self-sufficient. He asked if the businesses in the community perceived a value to their Chamber membership which enhanced their business. He expressed the opinion that if the businesses did not perceive a value to the membership, they would not keep their membership in the Chamber.
Ms. Siebold observed that both Lindon and Pleasant Grove were small communities and most of the businesses were small. She felt that the owners of businesses would object to raising the membership fees higher than $50.00 for 0-4 employees. Councilmember Acerson asked for the percentage of businesses that were members. Ms. Siebold replied that about 50% of the businesses were members. It was discussed and determined that this percentage was an average membership rate for the neighboring cities in Utah County. Mr. Sweeten commented that the Chamber was interacting with the other Chambers to learn from their experience.
Councilmember Acerson reiterated that membership numbers would rise if a perceived value was added to the association of the businesses. He asked what advertising was done. Mr. Sweeten acknowledged that some work needed to be done to build the numbers. Mayor Ellertson observed that traditionally a portion of business license fees collected by individual cities have been contributed to the Chamber. He commented that the theory behind this contribution was that if the City helped to improve the business climate, it would benefit by building a sales tax base. Mr. Sweeten asserted that the benefits the Chamber provide are equal to the contribution of the City. He observed that the Chamber is only 5-6 months into their fiscal year and the City would reap more benefits in the remaining portion of the year. He stated that he personally believed in the value of the Chamber and feels so strongly about it that he invests his personal time into it.
Ms. Eva Ercanbrack commented that currently the membership meetings are held in American Fork which does not help the businesses of Lindon or Pleasant Grove. There was discussion of the restaurants available and their capacity to serve the membership. The cost of the meals was addressed and the protest of the some of the business owners aired.
The Mayor thanked the Chamber representatives for their comments.
Mr. Brad Mertz of BFI was present to request a rate increase for garbage service. He commented that the contract allows for an increase proportionate to the increase of costs. He observed that BFI provides several services to the City which are not covered in the contract. He listed the Christmas Tree Pickup and the extra containers provided for the Spring and Fall Cleanup.
Mr. Dameron commented on the change in service day for some parts of the City. Mr. Mertz explained that because of growth county-wide, there was a need to change the routes to better service the area. Mayor Ellertson pointed out a temporary problem that had occurred on the changed service day. He asked what the rate of growth had been recently. Mr. Mertz replied that the rate was approximately 3 percent.
Public Works Director Don Peterson asked Mr. Mertz if the City’s advertising had helped expedite the Christmas Tree Pickup this year. Mr. Mertz replied that they had encountered little or no trouble. Mr. Dameron asked Mr. Mertz to explain the costs involved in the Christmas Tree Pickup. Mr. Mertz observed that there were costs in labor and truck time, plus costs delivering the trees to the Special Service District to be ground into compost.
Mr. Dameron asked Mr. Mertz about the possibility of a recycling program. Mr. Mertz replied that the neighboring communities were seriously looking at such a program. He said that BFI would deliver special cans which would be used to contain all recyclable materials such as plastic, aluminum, paper, cardboard, etc. He said that no glass would be accepted, as well as any blood-soaked or dirty items. He pointed out that someone would be sorting the materials by hand, so anything that you would not want to touch should not be placed in the recyclable containers. He told the Council that the recycling program does not benefit the company financially and is just a service to the community. He also pointed out that BFI’s program is mandatory for each resident if implemented. Mr. Mertz commented that the average participation in Utah County was 80 percent. Mayor Ellertson asked him to estimate the cost of the program to the residents. Mr. Mertz replied that it would be $3.50 to $4.00 per month per residence.
Councilmember Bayless asked what education programs were available to residents on recycling. Mr. Mertz replied that a flyer, press releases, and an office to answer questions were available. Mr. Dameron asked Mr. Mertz to send more information on this program. He assented. Councilmember Bayless commented that if a recycling program were implemented, she personally would have considerably less garbage as would many of Lindon’s residents. She asked if there was a program that would give those who have less garbage a break on their garbage bill. Mr. Mertz described a garbage program in American Fork that had a smaller can for lower cost. He explained that it was aimed at Seniors and single individuals with less garbage. He invited the Councilmembers to visit the recycling center in Salt Lake City and described it as the largest in the United States.
Mayor Ellertson thanked Mr. Mertz for the information presented.
Mr. Dameron introduced City Engineer, Dave Thurgood, who was present to give an overview of the water rate study. He would be invited back to answer questions and give more explanations during the next work session scheduled for May 29, 2001. The purpose of the study was to find out if the current rate is adequate to cover costs. Mr. Thurgood explained the costs to deliver water discovered by this study. He compared the costs for 1998, 1999 and 2000. He told the Council that growth projection is approximately 3 percent. He presented tables that showed the number and types of connections in Lindon. He advised the Council that this study indicated that the rates would need an adjustment increase of 27.3 percent. He informed the Council that the last adjustment to the water rates had been implemented in 1989. He had no recommendations for the Council yet, since several factors needed to be decided.
The Mayor expressed appreciation to Mr. Thurgood for the detailed information.
REGULAR SESSION
Conducting: Larry A. Ellertson
Pledge of Allegiance: Jordan Toombs, Troop #1180
Invocation: Lindsey Bayless
PRESENT
Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
Lindsey Bayless, Councilmember
Toby Bath, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Venla Gubler, Administrative Clerk ABSENT
Kevin Smith, Planning Director
The meeting began at 7:16 P.M.
PRESENTATION
Mayor Ellertson will present the Mrs. Utah International Banner to Lindon resident, Kristy Schultz, who has been selected to represent Lindon in this competition.
Mayor Ellertson invited Stacey Taylor, the Mrs. Utah International Pageant Director, to explain the program. Ms. Taylor explained that the program promoted family values and the pageant ceremonies would be held on June 2, 2001 at the Bingham High School. She invited the public to attend. Ms. Kristy Schultz was invited to receive her banner, introduce her family, and explain her platform.
Ms. Schultz introduced her husband and three children to the audience. She explained that her platform is encouraging women to keep physically fit, especially after childbirth. She proclaimed that exercise can become a family activity that will make the woman happier with herself and her world. Mayor Ellertson presented Ms. Schultz the Lindon City Banner. She was congratulated and pictures were taken by the press.
PRESENTATION
The Elementary School teachers who received education grants from the city have been invited to report to the Council on the use of the funds provided.
Mayor Ellertson asked Councilmember Bayless to explain the program to the audience. Councilmember Bayless commented that the program was result of a comment in a meeting about 4 or 5 years ago. Small grants are given to teachers in Lindon schools to further the education of resident children. The grants are $100.00 each. She expressed amazement at the ingenuity of the teachers to effectively use these small grants to better educate their classes.
Mayor Ellertson asked each teacher to come up to the front when their name is called. Ms. Karlene Young, of Rocky Mountain Elementary, is a theater and movement teacher who had purchased several tough vinyl-covered balls for her physical education classes. She also passed on the report from Ms. Karen Webster, also from Rocky Mountain Elementary, who had purchased the software “Where in the World is Carmen San Diego” to teach her classes Geography and Social Studies. Ms. Amy Mather, of Lindon Elementary, was not present to report on her project. Ms. Jaime Ward, of Oak Canyon Junior High, had bought a TI Presenter to use with her Texas Instruments calculator. She used the Presenter to display the calculator on an overhead to demonstrate mathematical equations to her math classes. Ms. Emily Haacke is a kindergarten teacher at Rocky Mountain Elementary. She used her grant to purchase letter pointers and linking letters to build reading skills, math manipulatives, and walkmans for her students to listen to stories. Ms. Annette Forsyth, of Rocky Mountain Elementary, was not present. Ms. Jody Lindsay, of Oak Canyon Junior High, had sent her regards, but was not able to attend because she had recently given birth. Ms. Rosemary Matthews, of Oak Canyon Junior High, showed the binders and sheet protectors she had bought to protect the music her 500 students used. Mr. David Sheffer, of Rocky Mountain Elementary, presented the Council with a special petroglyph/pictograph rock that the children had made by using an “etching tool” purchased with the money from the city. Teri Maughan and Jennifer Johnson, of Lindon Elementary, were present to show the maps they had purchased for their Fourth Grade Utah History classes. Their partner in the grant, Nicole Parker, was not present.
Mayor Ellertson thanked the teachers for their presentations to the Council. He also thanked them for their efforts in educating our children.
MINUTES
Review of the Minutes of May 1, 2001, and Executive Session of the same date.
A review of the minutes of the regular session of May 1, 2001 was held. The following corrections were made:
Page 1, Line 25, 26: Delete the “s” on the end of the word “members.” Replace the word “were” with the word “was.” Add a comma and the name “Charles Rodeback” to the end of the sentence.
Page 1, Line 26, 27: Delete the phrase “They are Charles Rodeback and” before the name “J Var Gillman.” Add a comma and the phrase “a long-time member, was also present” to the end of the sentence.
Page 2, Line 20: Replace the name “Sutherland” with the name “Worthington.”
COUNCILMEMBER DAIN MOVED TO APPROVE THE MINUTES OF THE REGULAR SESSION OF MAY 1, 2001 AS CORRECTED. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
A review of the minutes of the Executive Session of May 1, 2001 was held. No corrections were necessary.
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF MAY 1, 2001. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizen’s comments
Mark Walker, owner of the Walker’s Gas Station, Convenience Store and Taco Bell located at 25 South State Street, commended the vision of the City to install a secondary water system. Mayor Ellertson asked that this compliment be passed along to City Engineer Dave Thurgood.
Mr. Walker then told the City Council that the very thing the Council was most worried about when they denied a beer license for his business is now happening. Walkers has become a teenage hangout and is “bombarded” with kids. The Police are getting reports of gangs, drugs, and violence that are happening at this corner station. The employees are intimidated by their peers. He asked the City Council to help him get a handle on the situation by considering a loitering law that would give the police citation power. He volunteered to install cameras to monitor the kids activities. He told of a similar problem in American Fork.
Councilmember Dain asked if the loitering law had worked in American Fork. Mr. Walker told of the problems encountered in implementing the ordinance in American Fork. The Councilmembers discussed finding a working ordinance already in effect in neighboring cities. Mr. Dameron indicated that he was researching this with Provo, Orem, and other Utah County cities. Ms. Shelley Buswell described an incident her daughter was involved in that had taken place at a Provo Movie Theater. She claimed that sometimes innocent bystanders who are uninvolved in the problem are getting tickets also. She felt that letting the parents know about a situation may help curb some of the problems. Mayor Ellertson acknowledged that passing an ordinance to help solve an issue may “paint a broad stroke.” Mr. Walker observed that using cameras to obtain evidence would help protect the innocent.
Mr. Robin Wall, of 545 East 400 North, told the Council that he had formerly worked for the Sheriff’s office. He commented that the owner of the property must initiate action by the police. The police had the discretion to issue a citation if they determine that something illegal is taking place, but it must be a joint effort. The police could not enter private property to issue a citation unless invited there by the owner.
Mr. Don Ruth, of 340 East 400 North, suggested that the business, parents, police and the community work together to take the streets back from gangs. He observed that children are not just the products of their parents, and that the community is responsible for the actions of its members. He suggested that parents be informed and asked to check on their children. He also suggested some reverse intimidation–parents who converge on the station in a show of force to control the situation.
Mayor Ellertson thanked Mr. Walker for informing the public and the Council of a problem. He told Mr. Walker that the Council would research an appropriate ordinance and asked the newspapers to give this issue some prominence.
MAYOR’S COMMENTS/REPORT
Mayor Ellertson asked if the audience had any specific questions for him. There were none. Mayor Ellertson introduced the subject of the Proclamation which is the subject of the item in the Consent Agenda. He read the Proclamation to the audience and then commented that the issues discussed in relation to Mr. Walker’s station have to do with this Proclamation. It has to do with becoming involved in the community and taking care of the people who live next door to us. He encouraged residents to “step across property lines,” learn to know our neighbors, and take advantage of the opportunity to serve our community. He asserted that Lindon is a great place to live, work and play.
CONSENT AGENDA
1. Proclamation - City Support of the 3-Step Emergency Preparedness Program, the ALERT Program, the Neighborhood Watch Program, and the CERT Program. A city proclamation was presented to the Mayor and Council during the last meeting. A few changes were recommended and the final proclamation is presented here for a motion to approve.
COUNCILMEMBER DAIN MOVED TO APPROVE THE PROCLAMATION TO ENDORSE THE 3-STEP DISASTER PREPAREDNESS PROGRAM, THE ALERT AMATEUR LIAISON EMERGENCY RADIO TEAM, THE CERTIFIED EMERGENCY RESPONSE TEAM AND THE NEIGHBORHOOD WATCH, AND AUTHORIZE THE MAYOR TO SIGN IN BEHALF OF LINDON CITY. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CURRENT BUSINESS
1. Preliminary Plat - MidValley Commerce Center Plat “B. This is a request by Kenny Seng for preliminary subdivision approval for MidValley Commerce Center Plat “B,” 4 lots, MD Zone at 150 North 2000 West. Approval of this plat will also amend Lot 4 of Plat “A.”
Mr. Dameron presented this application to the City Council and introduced Mr. Kenny Seng. He told the Council that this property is located in the MD - Manufacturing & Distribution or Light Industrial Zone at 150 North 2000 West. He identified the area as near Wheeler Machinery near I-15 with a major drainage ditch running along 2000 West. He told the Council that the City Engineer had suggested a cross easement and shared box culvert to access Lots #6 and #7. He described the plat as amending Lot #4 of Plat “A.”
Mayor Ellertson asked the Councilmembers if they had any questions for Mr. Seng. Councilmember Dain reviewed the Planning Commission recommendations to require a box culvert over the ditch along 2000 West, require shared access to Lots #6 and #7 over this common culvert and a cross easement be provided over property lines, and require that Lot #5 have access restricted to 150 North only. Mr. Dameron presented some pictures of the area and the parcel. He observed that the plan was to straighten the ditch and landscape the banks to be park-like as part of the individual site plans.
Councilmember Dain verified with Mr. Seng the location of the sewer mains and laterals. Councilmember Bayless asked if the size of Lot #4 was changed at the request of the potential buyer of Lot #5. Mr. Seng replied that the potential buyer of Lot #4 had requested the change to allow for expansion of his plans. Mayor Ellertson also reviewed the recommendations of the Planning Commission.
COUNCILMEMBER BATH MOVED TO APPROVE THE REQUEST BY KENNY SENG FOR PRELIMINARY APPROVAL OF MIDVALLEY COMMERCE CENTER, PLAT “B,” A 4-LOT SUBDIVISION, AND AN AMENDMENT TO LOT #4 OF MIDVALLEY COMMERCE CENTER, PLAT “A,” WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION AS FOLLOWS:
1. REQUIRE INSTALLATION OF A BOX CULVERT OVER THE DITCH ON 2000 WEST AS SIZED BY THE CITY ENGINEER;
2. PROVIDE A SHARED ACCESS TO LOTS #6 AND #7 OVER THE CULVERT WITH A CROSS EASEMENT OVER PROPERTY LINES; AND
3. RESTRICT ACCESS TO LOT #5 FROM 150 NORTH ONLY.
COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Conditional Use Permit - Qwest Wireless Telecommunications Tower. According to city ordinance, the City Council and the Planning Commission must approve of conditional use permits for the siting of telecommunications towers. The Planning Commission has recommended approval of this request. The location for this 60-foot tower is approximately 70 North State Street in the upper City Park behind the northeast backstop.
Mr. Dameron described this request for a conditional use permit for the siting of a cell tower in the upper City Park. Mr. Shawn Graff was present to represent Qwest. Mr. Dameron told the Council that the pole would be 60-feet tall with lights mounted on the pole to provide safety to the park and ballfields. The recommendation of the Planning Commission to not remove any existing trees was discussed. Councilmember Dain asked if the location was technically specific or if it could be moved to facilitate sparing the tree. Mr. Graff replied that the pole could be moved.
Councilmember Dain asked if the pole provided for co-location of another cell provider. Mr. Graff answered that the pole would allow for one co-locator with permission of Qwest and the City. Councilmember Dain asked if a fence would be constructed around the pole. Mr. Graff told the Council that this design did not require a fence. The equipment was contained in boxes mounted on the pole itself. Councilmember Bayless observed that the Planning Commission had been told that this design was state-of-the-art and used exclusively by Qwest. Mayor Ellertson asked if other types of lighting could be mounted on the pole. Mr. Graff replied that the city could decide on the kind of lights required.
Councilmember Dain asked if this agreement would generate revenue for the city. Mr. Dameron confirmed that revenue would be generated and described the negotiation. Mayor Ellertson initiated discussion about the color of the pole. Mr. Robin Wall asked the Council if the agreement made provisions for damage to the lights from a foul ball. The Council agreed that it should be added to the agreement that Qwest would be responsible for maintenance and repair of the lights, and the costs of electricity to run the lights. Mr. Graff agreed. Mayor Ellertson explained to the audience that the City is required by Federal mandate to try to accommodate cell tower siting.
COUNCILMEMBER HATCH MOVED TO APPROVE THE REQUEST BY QWEST WIRELESS FOR A CELL TOWER IN THE LINDON CITY PARK AT APPROXIMATELY 70 NORTH STATE STREET WITH THE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION AND THE ADDITIONAL CONDITIONS LISTED BELOW:
1. THE TOWER APPEAR SIMILAR TO A QWEST TOWER LOCATED NEAR THE PROVO TOWNE CENTER MALL AS PER THE PRESENTED PHOTO;
2. IT BE PAINTED AN EARTH-TONE COLOR APPROVED BY STAFF;
3. THE TOWER MOVED APPROPRIATELY AND AS APPROVED BY STAFF TO RETAIN ALL EXISTING TREES;
4. QWEST WIRELESS BE RESPONSIBLE FOR MAINTENANCE, REPAIR, AND ALL COSTS OF OPERATING THE LIGHTS.
COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Review and Action - Urban Round-About at 400 North 400 East. As requested by the Council, the city engineers will present the final cost estimates for the permanent construction of an urban round-about at the location of 400 North 400 East. The final report on this item was received by the Council on April 3, 2001. The Council will decide whether to eliminate the temporary traffic circle or install a permanent urban round-about.
Mayor Ellertson welcomed the residents present to address this issue. He told the members of the audience that this item was a response to the Council’s request for information on the costs of installing a roundabout. He offered to give some background on this issue to the audience and told them that this meeting was not a public hearing and that we were not here to re-debate the issues.
Mayor Ellertson told the audience that about one year ago the Council was looking for traffic solutions on 400 East. It was decided at the time to install, on a trial basis, a temporary traffic circle. If the circle were put in on a permanent basis, he acknowledged that some features would need to be added like pedestrian crossings and the implementation of an education program. He commented that there had been many pro and con comments on the traffic circle. He had watched, observed, ridden, and walked the circle himself many times. He commented that he personally did not like to stop at “stop controlled” intersections and he appreciated the “free flow” of movement that a roundabout provided.
Mayor Ellertson noted that a meeting had been held on April 3, 2001 to assess the results of the traffic circle test. He observed that the reaction to the circle, according to a neighborhood survey, had been generally favorable. At that time, the Council had asked the City Engineer to prepare an estimate of the costs to install a permanent structure. He admitted that he was surprised at the cost and observed that he was not prepared to approve of investing $60,000+ in an urban roundabout. He noted that he was inclined to continue the test, put in stop signs, and see the reaction to that.
Councilmember Dain asked City Engineer Mark Christensen if the proposed islands in the permanent structure were precast. Mr Christensen indicated that the islands would be drilled and anchored into the existing asphalt. These costs did not include the cost of removing and replacing asphalt. Mayor Ellertson asked about options to improve pedestrian access. This was discussed. Mr. Christensen observed that he had called Provo to inquire their costs of installing roundabouts. He reported that Provo was spending an average of as much as from $80,000 to $300,000 per roundabout, not including the purchase of additional right-of-way.
The proposed plans were examined. Some landscaping was noted for removal. A small area of right-of-way was identified for purchase. A member of the audience asked who owned the piece of land. It was disclosed that the 22 square foot corner was owned by Councilmember Dain.
Mr. Robin Wall verified with Mr. Christensen that no sidewalks would be added to the intersection. Mr. Don Ruth asked what, other than aesthetics, was the value of a roundabout. He questioned the need and asked for statistical evidence that supported a roundabout over a 4-way stop controlled intersection. Mr. Christensen explained that there were benefits and disadvantages to roundabouts. Advantages are that the number and severity of accidents are reduced. The reason for this is that there are no head-on collisions, they are side impact accidents. They are also less severe and fewer because speeds are lower. He commented that there is less noise and pollution at roundabouts because there is no stopping and waiting in line. Disadvantages are that roundabouts are not safer for pedestrians. They are more expensive and require more maintenance. They are difficult for snow plows and trucks to maneuver. Mr. Christensen stated that the purpose of a roundabout is to move traffic and alleviate delay.
Mr. Ruth questioned the purpose and asked if this is really what is wanted and needed in Lindon. He said that he lived two houses away and considered the traffic circle dangerous and scary. He claimed that motorists were going through the traffic circle without looking to see if someone else had the right-of-way and were speeding through at 30-40 miles per hour. Mayor Ellertson commented that speeds were deceptive and that studies had shown a small reduction of speed.
Mr. Howard Wilcox of 635 North 400 East, claimed to have two issues. He pointed out that since the traffic circle had gone in, the number of police patrols had increased tremendously, and motorists had not slowed. He described himself as a retired businessman who knew that when the outgo exceeds the income, you go out of business. He said the high cost did not make sense. He reminded the Councilmembers that the proper role of government is to protect the life, liberty and property of citizens.
Ms. Ann Taylor of 115 North 500 East, questioned the desire to expedite traffic without stopping. She objected to placing the benefit of moving traffic over that of protecting pedestrians. She pointed out a bus stop near the intersection.
Ms. Shirley Matthews of 546 North 200 East, stated that she preferred a safe, economical solution. She claimed to have been involved in a near accident. She stated that 400 East and 400 North cannot compare to the thoroughfares that have large amounts of traffic to move. She requested safety for the pedestrians. She presented the Council with a box of 432 names of citizens opposed to the construction of a permanent roundabout that live within a one mile radius of the intersection. They are opposed to the cost and the lack of safety. She appealed to the Council to try to prevent accidents. She contended that a two-way stop was not sufficient and requested a 4-way stop.
Councilmember Acerson asked the citizens to remember that this meeting was to consider the advisability of constructing a permanent roundabout, the outcome of which is not sure nor predetermined. He acknowledged that there was disagreement on the best way to handle traffic in Lindon. He asserted that the City Council was here to look at ways to solve problems and try to represent the citizens of Lindon. He pointed out there were three proposed methods to solving the traffic problems at 400 North and 400 East. They were a 4-way stop, a 2-way stop, or a roundabout. He asserted that the people who drive have created the problem, not the intersection.
Mayor Ellertson observed that 400 East had undergone a significant change recently. The bridge had opened the roadway to Pleasant Grove’s Blackhawk area.
Mr. Kent Peay of 470 East 500 North, observed that he had seen roundabouts all over the world and this one was different. Mayor Ellertson agreed that this was not a “true” roundabout, but a test. Mr. Peay suggested that speed humps be installed before entering the intersection. It was explained that 400 North and 400 East were public safety emergency routes and could not have speed humps installed on them.
Ms. Judy Peay suggested that not all people were educated in negotiating a traffic circle. She commented that some approaches to the intersection were obstructed by vegetation and needed to be opened up.
Mr. Dave Anderson of 480 North 400 East, told of a truck that was unable to negotiate the circle. Ms. Gloria Barnes of 328 East 680 North explained that people were not used to roundabouts and didn’t know how to negotiate them. She suggested that education was needed. Mr. Henry Buswell of 460 East 630 North said that his children were scared to cross the intersection because motorists would not yield for them. Mr. Burt Bean of 430 East 400 North agreed that the circle moved traffic, and moved it fast. He suggested that the circle, if constructed permanently, be done right or not at all. He thought that more right-of-way may be needed to make the center circle large enough to slow traffic correctly. He suggested stop signs at the entrances to the roundabout.
Mr. Wall discussed the purpose of the roundabout, the size of the roundabout, and how pedestrians feel threatened and unsafe. He felt that the primary concern should be walking children. He asserted that the problems of the intersection are not solved by speed. He suggested increased law enforcement. He commented that the average person does not pay attention unless there is a financial impact on his pocket. Ms. Taylor expressed concern over the cost to remove the present traffic circle, the cost to install a permanent structure, and the maintenance costs. Mr. Lynn Barnes expressed concern over other intersections that have problems and if this much is spent here, the other improvements needed won’t get funded.
Mr. Doyle Cardon, of 504 North 40 West, talked of a famous roundabout in Paris at the Arc de Triomphe. He told of roundabouts in California. He admitted that he preferred not to drive through a roundabout. He could see no advantage to having them and asserted that all the old roundabouts in California had disappeared. Ms. Matthews reminded the Council of the 432 names.
Councilmember Acerson commented that the City had now tested a traffic circle and data now existed. He observed that a 4-way stop had not been tested. He would like to get feedback and comparison of a 4-way stop to the traffic circle. Councilmember Dain agreed, but felt that people were not used to having a 4-way stop there. He felt it was important to do it now and mark it well.
Ms. Vera Dean Walker commented that motorists usually made up the time it takes to stop by increasing speed between the stop signs. Councilmember Bayless commented that although she had grown up with roundabouts, she realized that many people did not understand them. Mr. Kent Manley observed that most motorists on this street travel over the speed limit. Ms. Matthews suggested more speed signs by be installed along 400 East.
After more discussion, COUNCILMEMBER ACERSON MOVED TO REMOVE THE TEMPORARY TRAFFIC CIRCLE, AND IMPLEMENT TESTING OF A 4-WAY STOP CONTROLLED INTERSECTION. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson thanked all the residents in attendance for their concern and participation.
4. Review and Action - Proposed Lease Agreements. Lease agreements have been drafted for the city-owned property at 60 North State Street. These draft agreements will be discussed by the Council and possibly acted upon at this meeting.
Mr. Dameron explained that the Mayor and he had met with the proposed leasees that afternoon. The lease agreements had changed to reflect the changes agreed to, and he passed out the new lease agreement. He told the Councilmembers that two leases had previously been proposed–one for the front half and one for the back half. The two parties involved had agreed that one should drop out and let the other have the whole parcel. Utah Auto Sales would be leasing the whole parcel. They have proposed a two-year lease at $1,000 per month, which, if approved, would include the extension of white rail fence along 60 North Street. If the City would consider a longer lease of five years, the lease would include curb, gutter and sidewalk installation along State Street and 60 North Street to the LDS Church.
Councilmember Bayless asked if the lease restricted the parking of cars off on the lawn. It was determined that the lease allowed display on the lawn area with a 20' setback from the State Street fencing. The Councilmembers discussed the business’s propensity to park vehicles as close to the street as possible to highlight and showcase their inventory. Councilmember Bath asked if the business intended to construct new signs. This intention was denied.
Councilmember Dain commented that he felt it was better to generate revenue from the land rather than leave it vacant. This way the City would receive lease and sales tax revenues from the parcel. Mr. Dameron asked if these extra revenues were worth the longer lease and the curb, gutter and sidewalk. The Councilmembers discussed a longer lease and decided that most of the improvements were already in and so it did not add much value to the longer lease. Councilmember Hatch suggested that the business be responsible for repair of the lawn and sprinklers if they are allowed to park there. Councilmember Bath suggested that parking within the 20-foot setback be prohibited. Mr. Dameron pointed out that this was included in Article VIII of the lease agreement. Councilmember Hatch suggested that the business be responsible for teaching its salesmen not to park within the 20-foot setback. Councilmember Bayless commented that she felt there were too many used car lots already along State Street and did not approve adding one more on City property.
COUNCILMEMBER BATH MOVED TO APPROVE THE LEASE AGREEMENT WITH UTAH AUTO SALES FOR A PERIOD OF TWO YEARS AT $1,000 PER MONTH, WITH AN OPTION TO RENEGOTIATE THE LEASE AT THE END OF THE TWO YEAR TERM AND WITH REVIEW BY THE CITY COUNCIL, AND THAT PART OF THE AGREEMENT IS THAT UTAH AUTO SALES WILL ADD WHITE RAIL FENCING ALONG 60 NORTH STREET FROM STATE STREET TO THE EAST BOUNDARY LINE BY THE LDS CHAPEL, AUTHORIZE THE MAYOR TO EXECUTE THE LEASE. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COUNCILMEMBER BAYLESS WHO VOTED NAY. THE MOTION CARRIED.
5. Review and Action - Purchase of Land. The city has negotiated the purchase of a parcel of property located partially within the main City Park and north of the Utah County Feed Store. The Council will consider approving the purchase of this land with General Fund Reserves.
Mr. Dameron explained that the City had been negotiating with the R. L. Bird Company to purchase the land that lies between the Lindon City Park and the Utah County Feed Store. He introduced Mr. Preston Parkinson, Secretary-Treasurer for the R. L. Bird Company to the Councilmembers. Mr. Dameron commented that the City had been maintaining a portion of this parcel as part of the park. The R. L. Bird Company has accepted an offer of $96,810 for this 19,000 +- square foot lot. (Appraised value of $5.00 per square foot.) Mr. Parkinson commented on the attempts to sell the parcel in the past. Mr. Dameron observed that one of the conditions of the sale would be the removal of the billboard sign within 30 days. Mr. Parkinson agreed.
COUNCILMEMBER HATCH MOVED TO PURCHASE THE PARCEL OWNED BY R. L. BIRD COMPANY FOR THE PRICE OF $96,810.00 WITH THE CONDITION THAT THE BILLBOARD SIGN BE REMOVED WITHIN 30 DAYS. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. Bid Award - Lindon Gateway SID Improvements - 200 South, 400 South, 800 West. The City Council will be presented with the bid tabulations and the recommended bidder for this project. The apparent low bidder at this time is H.E. Davis and Sons with a bid of $1,395,696.60. The engineer’s opinion of the cost is $1,663,469.95, a difference of $267,773.35. Staff is familiar with this company and the quality of work they provide. A recommendation for approval of a bidder will be given at the meeting.
Mr. Dameron told the Councilmembers that the Gateway SID would be assessed to three property owners. He informed them that there was an agreement that the tax increment would be used to help pay the SID assessments. H.E. Davis was the low bidder and this has been verified by the bid tabulation. Staff recommends that the bid be awarded to H.E. Davis for the low bid of $1,395,696.60. He was asked when the construction would start on the project. Mr. Dameron indicated that the estimated time to begin construction was three to four weeks. That would allow time to approve the bond.
The Councilmembers discussed the improvements that would be completed on 200 South Street between 400 and 800 South Streets, on 800 West between 200 and 400 South, and on 400 South between 400 and 800 West. Mr. Dameron commented that the parameters resolution had set a bonding cap at $2.6 million. He told the Councilmembers that the developers, Johansen Thackeray had approached him about using the difference between the $2.6 million and the bid of $1.4 million as capital to complete some of the other improvements in the area, like landscaping, street lighting and finishing a cul-de-sac. Mr. Dameron suggested that $300,000 be reserved for change orders and the balance may be negotiated with Johansen/Thackeray.
Councilmember Dain wondered how many of these improvements were the responsibility of the developer to complete anyway. He questioned giving the developer this line of credit at the City’s risk. He stated that he would prefer to bond for less. The Councilmembers discussed the bonding, the assessments to the property owners and the proposed improvements.
COUNCILMEMBER DAIN MOVED TO APPROVE THE BID OF $1,395,696.60 ON THE GATEWAY SID AND AWARD THE CONTRACT TO H.E. DAVIS & SONS. HE FURTHER MOVED TO RESERVE $300,000 FOR CHANGE ORDER CONTINGENCIES AND TO PROCEED WITH THE BONDING PROCESS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. Review and Action - Utility Bill Write-Off Request. Staff requests Council action to approve the write-off of an account due to the receipt of a bankruptcy notice.
After discussion, COUNCILMEMBER HATCH MOVED TO APPROVE THE WRITE OFF OF $71.34 AS REQUESTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain reported that the spring tap in the Hollow Park property was dry. He mentioned that this underscored the dry year and wished to encourage residents to continue to conserve and wisely use the water resources of the City.
Councilmember Dain mentioned that he had talked with Alan Colledge about the proposed Chapel on 600 North. He asked when the design review would come before the Council. Mr. Dameron replied that this was scheduled for June 5, 2001.
Councilmember Dain suggested the possibility of improving the remaining cemetery land to be used temporarily as open space. There was discussion that the option to purchase be exercised early and the land be made into green space. Mayor Ellertson commented that this area was not in the General Plan for this purpose. There was further discussion of a similar use of surplus cemetery property in Orem and a comment was made that Orem may have problems converting the area to cemetery use when the need arises.
Councilmember Dain initiated a discussion on the North Union Canal Water Company and the water master duties. The current water master wishes to retire. Councilmember Bath suggested that this may be the time to make some changes in operations, since the City is the major shareholder. Mayor Ellertson noted that the Canal maintenance could possibly be assimilated into the City operations. Mr. Dameron suggested a meeting with the North Union representatives. Councilmember Bath aired his doubts that the Canal Company would try very hard to replace the watermaster. The Watermaster’s duties were discussed. Councilmember Dain suggested that discussion start now and not wait until Spring. The Councilmembers agreed.
Councilmember Dain asked Councilmember Bath about the rumors surrounding the home fire on the East side of Lindon. Councilmember Bath confirmed that the fire was determined to be arson. He said that the FBI was involved in the investigation and would be looking through the debris for additional evidence. A $20,000 reward was posted by the owners for information leading to an arrest. So far there were no leads in the case.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch mentioned a concern about a sinking street in Manzana Acres. The developer or contractor had drilled broken a hole through the secondary water line. This action has saturated the soil and caused the street to sink. The location of the street was discussed. The repair amount was estimated to be about $15,000. Mr. Dameron informed the Council that a meeting had been scheduled with all the concerned parties with the purpose of resolving this problem. Councilmember Hatch also requested that the storm drain be checked because the water had bypassed it to pond in the field below the end of the street.
Councilmember Hatch reported that Waste Management Services was preparing a proposal for recycling services in American Fork, Pleasant Grove and Lindon that would not be a mandatory program.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless was welcomed home from her trip to London, England. She asked Mayor Ellertson for an update on the search for two Planning Commissioners. The Mayor indicated that he had been working on these appointments.
Councilmember Bayless reported that she had attended a conference on public safety and street design. She commented that research proves that narrow streets slow vehicle traffic and reduce accidents.
Councilmember Bayless initiated discussion of the trail on 400 North near the Murdock Canal. She expressed concern with blacktopping the trail. Councilmember Dain suggested that this may be a good test area for other materials. He asked Councilmember Bayless what material the Trails Committee recommends for surfacing. She replied that no material had specifically been decided on, but she would ask them for a recommendation. She did feel that the trail should be cleared of weeds. Mayor Ellertson asked if the trail could be put on the Brätt contract and sprayed. Mr. Dameron will speak to the Public Works Director.
Councilmember Bayless mentioned that she had lived for two weeks near a residential round-about in England. She described it for the Councilmembers and observed that it had worked very well.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath reported that the intensive patrol of 400 East was resulting in many citations. He felt that it was working to slow motorists and asked if the Council wanted to continue. The Council discussed the issue and decided to continue the intensive patrol of 400 East.
Councilmember Bath initiated discussion of the new fire station. Elevations and design elements were examined and discussed.
PARKS, RECREATION, EMERGENCY MANAGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson asked if the Councilmembers had any objection to Todd Carson’s son grazing sheep on his east-side property. There was no objection.
Councilmember Acerson announced his intention to install sprinklers and sod the vacant lot to the east of his home. He wondered about hookups. He was instructed to contact the Public Works Department.
Councilmember Acerson suggested that the dandelion abatement in the detention areas be started earlier in the spring. He mentioned the complaints that he had received. Councilmember Bayless asked about mosquito abatement. It was discussed and determined to be a County function. Councilmember Bath asked about the progress on Pioneer Park. Councilmember Acerson reported that the contractor had requested to look at the windows from the original home. There was discussion of the age of the windows and whether the contractor would use the existing ones or recreate them of new materials. There was a brief discussion of the City-wide Cleanup Day.
ADMINISTRATOR’S REPORT
Mr. Dameron:
1. Asked the Councilmembers to review the proposed ordinance to accept the revised Lindon City Code book.
2. Announced the Engineering Coordination Meeting for Thursday, May 17, 2001 at 12:00 noon at the Public Works Building. Councilmembers Acerson and Bayless volunteered to attend.
3. Reminded the Councilmembers of the City-wide Service Day on May 19, 2001.
4. Reminded the Councilmembers of the Little Miss Lindon Pageant at the Oak Canyon Jr. High School at 6:30 P.M. on May 26, 2001.
5. Observed that the Budget Work Session and the George Shaw presentation would be held on May 29, 2001. The work session would start at 6:00 P.M. and the presentation at 7:00 P.M.
6. Noted that the Hollow Park Concept Plan would be presented to the neighborhood at a meeting on June 14, 2001 at 7:00 P.M. The Plan was discussed. Councilmember Bayless suggested an equestrian trail.
7. Asked when the Councilmembers would like to resume the discussion on the detached accessory apartment issue. June 5, 2001 was suggested and approved.
8. Mentioned that the June 5, 2001 meeting would also include a design review of the proposed chapel on 600 North.
Mayor Ellertson mentioned that the Utah League of Cities and Town has asked for suggestions of issues to address at their annual conference. Some suggestions were discussed.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN AT 10:08 P.M. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - June 5, 2001
Ott H. Dameron, City Administrator/Recorder
Attest:
Larry A. Ellertson, Mayor |
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