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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2002 Council Minutes » May 7, 2002
May 7, 2002

The Lindon City Council held a regularly scheduled meeting, beginning with a Work Session at 6:00 P.M. on Tuesday, May 7, 2002, 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
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Ott H. Dameron, City Administrator
Kevin Smith, Planning Director
Phil Brown, Chief Building Official
Venla Gubler, Administrative Clerk
ABSENT

The Meeting began at 6:14 P.M.


WORK SESSION

The Mayor and Council will meet in a work session with the Planning Director, Kevin Smith and the Chief Building Official, Phil Brown to hear reports on the current year data and discuss issues and concerns for fiscal year 2002-03.

Mayor Ellertson asked if there were any economic indications in building permit issuance that Lindon City’s market has bottomed out and is going back up. Chief Building Official Phil Brown replied that he didn’t know yet if the market had bottomed out. He indicated that single family starts are slow. Commercial projects have slowed and the vacancy rate is up, although there were a few large developments that had been submitted lately–like Timpanogos Academy and an indoor sports facility. He anticipates that with the slow economy there will be more permits for remodels and alterations. The Community Development Department has developed a conservative budget approach in response to the slow down in the economy. The Council discussed the vacant business units, and Mr. Dameron pointed out that one of the new “Ken Smith” buildings on the freeway was empty, a building in Gateway was empty and two floors of the Lineo building were also vacant. Planning Director Kevin Smith noted that many shops in the industrial area were vacant too.
Mr. Brown reported that the amount of recorded and available lots in Lindon totals about 160 lots. He noted that this number does not include the metes and bounds lots that may also be available. Mr. Smith added that 95% of these available lots are in subdivisions. The others need bonding and road improvements. Mayor Ellertson asked how many of these vacant lots are in the process of having homes built on them. Mr. Brown reported that there are about 40-50 homes in process at any one time. Some large homes like the Zimmerman and Holdman homes have been in the process of building for about two years. He noted that many homes in Lindon are on the higher end of the scale and, in consequence, are more time consuming to build. The Holdman home was discussed.
Mr. Brown drew attention to the projected budget of revenues and expenditures for the Community Development department on page five. He commented that he felt this projected budget will be conservative, and take into account the slowdown in the economy and a possible reduction in revenues. He noted that the Department has been fortunate to have a surplus in previous years.
Mr. Smith directed the Council’s attention back to page two of his handout to discuss the list of larger projects that had received approval over the last year. He noted that most are industrial or research & development projects, although one is commercial. He observed that Lindon’s strength lies in the light industrial zone. He added that two more items were submitted for approval in May. He addressed the list of Planning Commission agenda items on page six and reported that this list includes subdivisions and conditional use permits. He also noted that he had encouraged more design reviews this year, which allows an applicant to gauge the City’s opinion before spending the money to submit an application. Mr. Smith commented that the last page of the report is a list of code and ordinance amendments that have been adopted this year. He observed that most were amendments to clean up obscure entries in the City Code. He reported that the code enforcement report is missing and will be reported on at a later meeting because he is in the process of changing interns.
Mr. Dameron asked if there were more problems in zoning enforcement or if the reported violations were slowing. Mr. Smith replied that there are about 120 violations at the current time. The report will classify and break the violations down by type. He noted that, typically, 80% of the violations are handled by the interns and are fairly simple. About 20% are difficult and possibly 1% require attorney action. He commented that when code enforcement becomes aggressive, the violators will complain to their City Council member. He asked the Council if they had received complaints about unfair code enforcement. He added that if there are no complaints, then they must be doing their job right. He noted that some code enforcement issues take quite a while to resolve, because staff’s first objective is to work with a violator to correct the situation. Mr. Dameron commented that there was mention of a full time code enforcement officer in a previous year, but the decision had been to wait and see how things go. He asked if the Council still felt that way. Councilmember Dain reported that he had received no complaints and felt that code enforcement efforts had achieved a good balance. The Council and Mr. Smith discussed various code enforcement issues that are in progress.
Mayor Ellertson thanked Mr. Brown and Mr. Smith for their reports.


REGULAR SESSION

Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Mayor Larry A. Ellertson
Invocation: Jerald Hatch


PRESENT ABSENT

Larry A. Ellertson, Mayor
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Lindsey Bayless, Councilmember
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 7:09 P.M.


PRESENTATIONS

1. Mayor Ellertson will recognize Kristen Colson, Finance Director/Treasurer, as the city’s Employee of the Quarter.

Mayor Ellertson introduced and explained the Employee of the Quarter program. He recognized Kristen Colson as the most recent recipient of this award and thanked her for her efforts on behalf of the City. He reported that Ms. Colson has improved the processes, information and reports that are produced by the City and that she goes the extra mile. The audience applauded Ms. Colson and a picture was taken for the newspaper. Ms. Colson commented that the award tonight was not a surprise because it had been announced previously at an employee meeting. She added that her accomplishments are just a reflection of the staff that she works with. She observed that Lindon is a good place to work.

2. The outgoing Little Miss Lindon Royalty and the incoming Royalty will make a presentation to the Council.

Mayor Ellertson commented that this Lindon City Council meeting has been blessed with royalty. He told the audience that if they have not taken the opportunity to go to the Little Miss Lindon pageant, they will be rewarded with a truly great performance if they do go. He noted that this performance is also the culmination of the outgoing Little Miss Lindon’s reign. He commended the Little Miss Lindon program for their service and opportunity for service to the community and thanked the Mothers and Fathers for their commitment to the growth of their daughters. The outgoing Little Miss Lindon, Whitney Merrifield, thanked the Mayor and Council for their practical and moral support. She expressed thankfulness for the great community of Lindon. Ms. Merrifield introduced the incoming royalty to the Council to the audience’s applause; they are Ashley Zabriskie, Elisa Bird, Angel Ercanbrack, Briana McCurdy, and Little Miss Lindon Bradi Jensen. Pictures were taken for the newspaper and parents. Mayor Ellertson thanked the girls and commented that he appreciates all they do. More pictures were taken with the Mayor.

3. The Strawberry Days Royalty will make a presentation to the Council.

Mayor Ellertson introduced one more set of royalty that had requested time on the City Council agenda. Miss Pleasant Grove/Strawberry Days Queen Angela Anderson, Miss Strawberry Days Rodeo Queen Kaydee Nelson and attendant Mandi Ashton presented the Council with a strawberry cheesecake and invited them to attend the Pleasant Grove Strawberry Days events scheduled for June 19 through 22. They discussed the rodeo and, of course, promoted the strawberries and cream.

4. Jim Bolser from Mountainlands Association of Governments, will present “Gold and Silver Puck Awards” to the Council.

Mayor Ellertson invited Jim Bolser from the Mountainlands Association of Governments to make his presentation. Mr. Bolser described the Twenty-First Century program and commended program team leader, Planning Director Kevin Smith for helping Lindon City to complete the requirements for the awards. He read the press release to the Council and presented the Gold and Silver Puck Awards. Pictures were taken for the press.


MINUTES

Review of the Minutes of the meeting of April 16, 2002 and the Minutes of an Executive Session on April 2, 2002.

The Minutes of the regular meeting of April 16, 2002 were reviewed. The following corrections were made:
Page 8, Line 15: Delete the word “to” after the word “towers.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 2002 AS CORRECTED. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The Minutes of the Executive Session of April 2, 2002 were reviewed. The following corrections were made:
Page 2, Line10: Replace the word “the” with the word “to.”
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE MINUTES OF THE EXECUTIVE SESSION OF APRIL 2, 2002 AS CORRECTED. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


OPEN SESSION - Citizens comments

Mr. Reed Payne of 505 East 500 North, was present to protest the forfeiture of his $500 building bond for the removal of his extra, unused driveway. He observed that it was his impression that a general contractor must put in a driveway. An individual buys the lot and pays for the improvements done in his purchase price. He noted that there are probably many cases where the home plans don’t fit the driveway that has been installed and another is installed. He claimed that he had lived in the home for three years while not knowing that he had two driveways, until he received the notice from the City. He asked what hazard an extra drive approach might cause, or the reason for requiring the removal of the extra driveway. He felt that he had already paid for the driveway when he bought the property, paid again when he built his home, and is being asked to pay a third time to remove the first one. He observed that he has a hard time seeing the justice of the requirement when the first installation was not his fault nor was the first installation his requirement. He expressed the opinion that he thinks he is being unjustly punished and wants to hear the City’s justification for this punishment.
Mayor Ellertson observed that the City has now required that developers not put in drive approaches until the building permit has been issued. This was done about two years ago and relieves the need for one or more replacements of a driveway approach. He added that if there is a potential use for the second driveway, the City allows it to be kept. Councilmember Bayless replied to Mr. Payne’s request for justification by commenting that the reasoning is probably that there should not be more hazards than necessary and although Mr. Payne’s drive approach is in a cul-de-sac, why should Mr. Payne be under a different rule than others in Lindon. Councilmember Acerson commented that as a developer having been required to designate a driveway and then replace it, he understood the dilemma of homeowners who are replacing an unneeded driveway. Mr. Payne asked the Council how they would personally feel if required to replace their own driveway approach. Mr. Dameron replied that he personally had been in that situation and had replaced the drive approach as required. Mayor Ellertson replied that the Council understands Mr. Payne’s position and that’s why they have fixed the problem from recurring. This is one of the last group that needs to be fixed. Mr. Dameron commented that the cost of fixing the drive approach is more than the $500 bond. It is estimated that the cost is $1000 to $1500 each for the repair. He added that Mr. Payne is not the only one from whom this is being required.

Mr. Skip McWhorter, Daril & Dana Magleby, Craig & Amie Anderson, Brady Whittingham, and John Foote, as potential buyers of lots in Center Street Estates, now Hidden Meadows, questioned the purpose and need for a multi-use trail along the front of the lots on the west side of the new 850 East. Mr. Skip McWhorter commented that these lots have C, C&R’s that prohibit large animals. He wondered about how the driveways will cross the trail. He suggested that the sidewalk be wider and meander instead of the multi-use trail. He expressed concern that a horse may kick a child. He suggested that if the trail is necessary then put it in the back of the lots where it can be separated and fenced.
Councilmember Dain replied that when a trail is constructed in the back of lots there are concerns about privacy. Councilmember Bayless commented on the value of trails to link the community and provide recreation opportunities. Mr. McWhorter noted that there is a trail along the Murdock Canal already. Councilmember Acerson asked if the Bentley family had been approached to share the trail on that property line. Mr. Smith replied no, and noted that the boundaries of the lots would need to be redesigned before the plat is recorded if this option is explored further. He observed that the pathways and trails system is an effort to lessen the dependency on the automobile and promote a sense of community. The pathway system is for all types of pedestrian access and what is proposed here is not an isolated section, but part of a larger plan. Mayor Ellertson commented that this section will be integrated into connecting trails. The network of trails and pathways in Lindon was described. The Mayor added that this is part of why this pathway was put in that location. Councilmember Bath pointed out that as future development occurs, more children will use the pathway to go to school.
Mr. McWhorter suggested that since the major users of the pathway are children, what is the necessity for the gravel. He expressed the opinion that a wider sidewalk would serve the purpose better. Mayor Ellertson asked if Mr. McWhorter’s objection is the material on pathway. Councilmember Bayless commented that the goal of the pathway system is to provide routes for all types of non-motorized traffic that is separated from motorized traffic. This includes joggers, bike riders and others. Mr. Smith observed that the pathway would remain in the City right-of-way. Mr. McWhorter asked if the profile includes curb, gutter and sidewalk with the pathway. Mr. Smith replied yes and described the profile. He added that the sidewalk will help to retain the gravel. Mr. McWhorter agreed that the pathway would be in the public right-of-way, but the homeowners would be the ones maintaining it. He pointed out that gravel tends to escape its barriers and would pose a danger to children on roller blades and scooters. Mr. Smith replied that the surface would not be a loose gravel, but something more stable like crushed limestone.
Mr. Magelby expressed the opinion that his concern is the gravel surface. He commented that the only ones who need the gravel are the horses. He added that sidewalks were built to connect the neighborhoods. Mr. McWhorter suggested that grass be used instead of gravel. Mayor Ellertson observed that the problem with the pathway surface could be made into an agenda item for further discussion. He thanked the residents for their input.


MAYOR’S COMMENTS AND REPORT

Mayor Ellertson reported on the Council of Governments meeting that he had attended. He commented that work is proceeding on the strategic plan for transportation in Utah County on the I-15 extension. He noted that roads don’t end at county lines and the problems at 10600 South extend farther south. He reported that there is also some discussion about the Zoo, Arts and Parks tax. He noted that new legislation adds recreation to the funding and a community can decide how to spend their allocation. There are plans to bring this 1 mil tax to a public vote this fall. The question is if the city councils in Utah County will support the item. The Council indicated support for placing the item before the voters in the November General Election. Mayor Ellertson reported that the big issue currently is water conservation. Councilmember Bayless commented that the complaints she hears are that businesses are not following the watering guidelines and individuals are. The Council discussed that the residential users need to be thanked for their cooperation and communication is the key to compliance. Mayor Ellertson mentioned some upcoming public meetings. He asked if there were any questions. There were none.


CONSENT AGENDA - No Items


CURRENT BUSINESS

1. Public Hearing - Zoning Ordinance Amendment - Deep Lots. The City Council will hear public comment and possibly act to approve an ordinance which amends Section 17.32.320 - Deep Lots - of the Lindon City Code. This amendment will further clarify the purpose and intent of this ordinance. The Planning Commission has recommended approval with recommendations.

COUNCILMEMBER BATH MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Smith observed that the Council asked the Planning Commission and Staff to revise and clarify the deep lot ordinance. This proposed amendment is the Planning Commission’s recommendation. He noted that the changes to the ordinance were in bold and italics. Some language has been struck out and three new conditions added. He commented that this amendment’s purpose is to clarify the intent section of the ordinance. Councilmember Bayless commented that the amendment will not allow a developer to pass the deep lot to someone else to get approval. Mayor Ellertson asked if there was public comment. There was none. Councilmember Hatch commented that he approved the addition of clause “g.”
COUNCILMEMBER BATH MOVED TO APPROVE ORDINANCE NO. 2002-12 AMENDING AND REVISING CHAPTER 17.32.320 - DEEP LOTS, AS PROPOSED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS. THE MOTION CARRIED.
COUNCILMEMBER BATH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


2. Public Hearing - Surplus Property Resolution. The City Council will hear public comment and possibly act to approve a resolution declaring certain property of the city as surplus and approving the disposition of the listed property by accepting public bids.

COUNCILMEMBER HATCH MOVED TO OPEN THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Dameron presented the list of items proposed to be declared as surplus. Mayor Ellertson asked if there was any public comment. There was none. Councilmember Bayless asked if sealed bids were accepted. Mr. Dameron replied that sealed bids would be accepted and noted that some items had minimum bids listed.
COUNCILMEMBER HATCH MOVED TO APPROVE RESOLUTION #2002-3 DECLARING CERTAIN PROPERTY OWNED BY THE CITY TO BE SURPLUS PROPERTY AND AUTHORIZING THE SALE OF THE LISTED PROPERTY BY ACCEPTING SEALED BIDS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. THE VOTED IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS. THE MOTION CARRIED.
COUNCILMEMBER HATCH MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


3. Plat Amendment - Center Street Estates (Hidden Meadows). This is a request by Bill Bang, Developer of this subdivision, to change Lot #10 (1 acre) to Lots #10 and #11 (two half acre lots). The Planning Commission has recommended approval.

Mayor Ellertson observed that his only question is whether there would be sufficient access to Lot #11 with the slope required to reach the level of the Murdock Canal and the temporary stub turn around. Mr. Olsen replied that the west side of the lot is nearly level ground before the slope begins. Mayor Ellertson noted that the plat does not show the temporary turnaround. Mr. Smith verified with Mr. Bang and Mr. Olsen that the temporary turnaround would be added to the plat and that any remainder parcel on the south side of Center Street would be dedicated to the City. This was confirmed. The steepness of the street was discussed.
COUNCILMEMBER DAIN MOVED TO APPROVE THE REQUEST BY BILL BANG AND BRAD OLSEN TO AMEND THE FINAL PLAT FOR CENTER STREET ESTATES (NOW CALLED HIDDEN MEADOWS) DIVIDING LOT 10, A ONE-ACRE PARCEL, INTO TWO HALF-ACRE LOTS ON CONDITION:
1. THAT THE PLAT SHOW THE TEMPORARY TURNAROUND WHERE CENTER STREET ENDS AGAINST THE MURDOCK CANAL,
2. THAT ACCESS TO LOT #11 BE ADEQUATE, TAKING INTO CONSIDERATION THE SLOPE OF CENTER STREET TO CROSS THE MURDOCK CANAL,
3. THAT THE REMAINDER PARCEL ON THE SOUTH SIDE OF CENTER STREET BE DEEDED TO THE CITY,
4. THAT FILL BE PLACED ON THE END OF CENTER STREET TO MEET THE LEVEL SUFFICIENT TO CROSS THE MURDOCK CANAL, AND
5. BONDING FOR THE FRONTAGE OF CENTER STREET NOT COMPLETED BE POSTED.
COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


4. Review and Action - UTOPIA Agreement. The City Council has heard a presentation concerning the creation of an organization of cities created for the installation of fiber optic cable. Also, a separate work session was held to discuss this proposal. In general, UTOPIA is an organization founded by member cities which will install fiber optic cable throughout member cities’ boundaries for the provision of services by others.

Mayor Ellertson commented that each member of the Council has reviewed the draft of the UTOPIA agreement. The purpose of this agreement is to set up an organization and the entities involved, and to outline how the initial money will be used and repaid if the network is bonded for. Lindon’s share of $5,250 is for a preliminary assessment to provide information that will be city-specific. The second step of participation will require additional funding of about $20-30 thousand for a feasibility study. Mayor Ellertson introduced Mr. Phil Windley, a resident of Lindon, who is a representative of the State of Utah and has an interest in the process. Mr. Windley informed the Council that he is the chief information officer for the State. Mr. Keith Wilson, the CEO of Dynamic City, introduced himself.
Councilmember Hatch asked if the fiber would be overhead or underground. Mr. Windley replied that this would be part of the feasibility study and would be by city request. Councilmember Hatch asked how the underground installation would affect the roads. It was explained that the process was accomplished by boring and narrow trenches. Mayor Ellertson observed that there are a number of Lindon residents that are interested in this service. He made the recommendation to move ahead with the agreement. Councilmember Acerson observed that during the preliminary assessment phase of the process, Lindon may find that it is not a good investment to install fiber optic cable. Mr. Dameron commented on the choice of the acronym. Mayor Ellertson noted that the cities would provide the infrastructure and other telecommunications providers will use the network to provide services to residents.
COUNCILMEMBER ACERSON MOVED TO APPROVE THE INTERLOCAL COOPERATIVE AGREEMENT OF THE UTAH TELECOMMUNICATION OPEN INFRASTRUCTURE AGENCY AND AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF LINDON CITY AND TO APPROPRIATE THE REQUIRED FUNDING FOR THE PRELIMINARY ASSESSMENT OF $5,250. COUNCILMEMBER BATH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS NAY
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS 4-1 IN FAVOR. THE MOTION CARRIED.


5. Report - Tentative Budget 2002/2003. Staff will distribute the Tentative Budget for fiscal year 2002/2003. The Mayor and staff request the work sessions be scheduled during the month of May for discussions of issues related to the new fiscal year budget.

Mayor Ellertson invited Kristen Colson, Finance Director, to present this item. Ms. Colson explained the handout she had prepared. She commented that the revenues are projected at a 2% increase. General operating expenses are kept at the same level as the current year, except for a few at an increase of 2.5%, and benefits and salaries which are projected with a cost of living and performance increase. She noted that some extraordinary expenses are budgeted for in streets, parks, sewer, water, storm drain and cemetery improvements. She noted that an orthorectified aerial photo of the city is included in the budget also. They touched on some of the budget issues that need consideration.
Mayor Ellertson asked if there were questions. The Council discussed scheduling of the two work sessions to discuss the budget. It was decided that work sessions would be held May 15, 2002 at 7:00 p.m. and May 28, 2002 at 7:00 p.m. Mayor Ellertson suggested that the Council review the report in detail then ask questions of Ms. Colson and Mr. Dameron before the work sessions.


6. Review and Action - Power Loss Agreement with PacifiCorp. This is a request from staff and the Mayor for the City Council to ratify the referenced agreement. This agreement is part of the larger agreement with the Central Utah Water Conservancy District to provide water to the city’s secondary system through the Alpine Reach 3 Aqueduct. When water is conveyed by this aqueduct, PacifiCorp loses the opportunity to generate electric power by this water, and thereby has a claim to the party taking the water through this pipe.

Mayor Ellertson explained that this agreement will affect the use of the Salt Lake Aqueduct which is being used this year to fill Reservoir #2 rather than pumping the water from the North Union Canal. Utah Power and Light has been using this water to generate power at the Olmstead Power Facility. Since Lindon is now diverting the water above Olmstead, UP&L will not have the opportunity to generate power from this water. The government has declared that UP&L has an interest in this water and so this agreement is necessary to pay UP&L for the loss of power generation. He noted that Lindon will not have to pay for every acre foot that is diverted above the Olmstead Facility, just those that are diverted when critical flows are low. The schedule of payments was examined. Mayor Ellertson noted that the expense to Lindon is about the same as pumping the water to the reservoir from the North Union Canal. Councilmember Hatch noted that the agreement would end in 2014. Mayor Ellertson observed that this would affect only non-project water and mentioned that Lindon would have a decision to make concerning project water in 2008.
COUNCILMEMBER DAIN MOVED TO RATIFY THE OLMSTEAD THIRD PARTY INTERFERENCE AGREEMENT AND APPROVE THE MAYOR’S SIGNATURE ON BEHALF OF LINDON CITY. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON AYE
COUNCILMEMBER BATH AYE
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE VOTE WAS UNANIMOUS. THE MOTION CARRIED.


7. Review and Action - UDOT I-15 Interchange Agreement. This is a request from staff and the Mayor for the City Council to ratify the referenced agreement. This agreement provides for UDOT’s contractor on the I-15 Interchange to install the irrigation/sprinkling system for the landscaping on the Lindon side of the new Interchange. UDOT would not allow another contractor to perform the work in their right-of-way.

Mayor Ellertson observed that this agreement is for providing water lines to the landscaping on the Lindon side of the I-15 Interchange. He noted that if residents ask, this is re-circulated water. Water will not be wasted. The landscaping features were discussed. Mayor Ellertson asked if there were any questions. There were none.
COUNCILMEMBER HATCH MOVED TO RATIFY THE AGREEMENT BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND LINDON CITY TO ALLOW THE UTAH DEPARTMENT OF TRANSPORTATION’S CONTRACTOR TO INSTALL THE AGREED UPON LANDSCAPING FACILITIES AND APPROVE THE MAYOR’S SIGNATURE ON BEHALF OF LINDON CITY. COUNCILMEMBER ACERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


CITY COUNCIL REPORTS


WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING

Councilmember Dain reported that water had been diverted into the North Union Canal today. He noted that Public Works Director Don Peterson has been supplementing the secondary water supply to Zone 3 from the Cobbley Ditch and to Zones 1 and 2 from the Aqueduct. There was a discussion A question was raised on the appraisal for the proposed condemnation for the 700 North Street extension. There was also discussion of names for a new Lindon City representative on the North Union Canal Board.


SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES

Councilmember Hatch followed up on the request for a resolution for the Housing Consortium. There was a discussion concerning Lindon residents having priority for resident opportunities in the proposed disabled home to be built on 400 North at Hollow Park.


TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION

Councilmember Bayless informed the Council that there will be a conference on May 31, 2002 concerning retrofitting trails. The cost is $35.00 a person.


STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT

Councilmember Bath commented on the copy of the Pleasant Grove/Lindon Public Safety Requested Budget and the year end report for 2001. He added that he would like to have input on the budget projections. Various budget items were discussed. The new patch for the Fire Department uniforms was displayed.


PARKS, RECREATION, EMERGENCY MANAGEMENT, LINDON FAIR, NEWSLETTER

Councilmember Acerson reported that he had a request from the Lindon Days Rodeo Committee for expansion of the event. Mr. Dameron suggested that he invite them to the budget session on May 15, 2002. Councilmember Bayless commented on insurance concerns of certain rodeo events. Councilmember Acerson asked when playground equipment would be installed in the detention park. Mr. Dameron replied that it was scheduled for July. Councilmember Acerson mentioned that he was getting calls from his neighborhood about not following watering guidelines. He noted that the Lindon East Stake was considering issuing a statement encouraging members to be conscientious.


ADMINISTRATOR’S REPORT

Mr. Dameron:
1. Noted that the draft agreement had been received from Ballard Spahr concerning the Johansen-Thackeray/Gateway area. He asked if the Council would like this scheduled as an agenda item. The reply was yes. He noted that he would try to get it on the next agenda.
2. Asked for approval of the Storm Water Advisory Committee. Councilmember Bayless suggested that J Var Gillman be added.
3. Discussed the items on the project tracking list.
4. Announced that he had scheduled a meeting with Gene Carly to talk about the home for the disabled on Thursday, May 9, 2002 at 4:00 p.m. Councilmember Acerson volunteered to attend.
5. Reminded the Council of the Fire Station dedication on May 9, 2002 at 7:00 p.m.
6. Discussed the Hillside meeting scheduled for May 9, 2002 at 9:00 a.m.
7. Noted that Engineering Coordination meeting is scheduled for Thursday, May 16, 2002. Councilmembers Acerson and Bayless volunteered to attend.
8. Announced the City-Wide Service Day on May 18, 2002. Advertisement and service projects were discussed.
9. Asked about progress on a new Planning Commissioner appointment. It was explained that Commissioner Evan Nixon’s employment has required his extended absence away from Utah. Suggestions were taken for the Commission appointment. It was noted that Commissioner Nixon would be taking a position as Alternate Commissioner.
10. Announced that the Education Grants Reports would be presented to the Council at the next meeting.
11. Noted that a training session would be held at 6:00 p.m., May 28, 2002, on Anti-Violence.
12. Reported that the flags have been ordered for the cell towers at the Junior High.
13. Announced that the Recreation Committee report would be given at the next meeting.
14. Noted that the Chamber of Commerce and Lindon Days Committee will have budget requests to be heard at the budget work session on May 15, 2002.
15. Reported that he had received a request for the funding of the senior projects at Pleasant Grove High School.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE FUNDING REQUEST FOR THE SENIOR PROJECTS AT PLEASANT GROVE HIGH SCHOOL IN THE AMOUNT OF $500. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Councilmember Dain commented on the favorable reports that he received from contractors working on the new Fire Station. The Dedication Program was discussed. It was reported that the fire truck would be in the building for the program.
Mayor Ellertson asked what the policy was for dogs that have been adopted and then are picked back up by the animal control officer. Mr. Dameron replied that the decision is not Lindon’s–the Orem animal shelter makes that determination. Mayor Ellertson discussed the budget amount for the Mountainlands Association of Governments assessment.

COUNCILMEMBER DAIN MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BATH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


COUNCILMEMBER DAIN MOVED TO ADJOURN AT 9:57 P.M. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.


APPROVED - May 28, 2002



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Ott H. Dameron, City Administrator/Recorder




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Larry A. Ellertson, Mayor


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