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Home » City Government » Council » Minutes Archives; 2000 - 2003 » 2001 Council Minutes » October 2, 2001
October 2, 2001
The Lindon City Council held a regularly scheduled meeting on Tuesday, October 2, 2001 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Larry A. Ellertson, Mayor
Pledge of Allegiance: Jesse Kissee
Invocation: James A. Dain
PRESENT
Larry A. Ellertson, Mayor
Lindsey Bayless, Councilmember
James A. Dain, Councilmember
Jerald I. Hatch, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
ABSENT
Jeff Acerson, Councilmember
H. Toby Bath, Councilmember
Ott H. Dameron, City Administrator
The Meeting began at 7:19 P.M.
MINUTES
Review of the Minutes of September 4, 2001 and September 18, 2001 (Regular minutes and the Executive Session minutes.)
The minutes of the regularly scheduled meeting of September 4, 2001 were reviewed. The following corrections were made:
Page 14, Line 39: Replace the word “sent” with the word “send.”
Page 15, Line 8,9: Add the sentence “Mayor Ellertson replied that the search was continuing.”
COUNCILMEMBER HATCH MOVED TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED MEETING OF SEPTEMBER 4, 2001 AS CORRECTED. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER DAIN MOVED TO HOLD THE MINUTES OF THE REGULARLY SCHEDULED MEETING OF SEPTEMBER 18, 2001 AND THE EXECUTIVE SESSION OF THE SAME DATE UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
OPEN SESSION - Citizens comments
Mr. Jesse Kissee of 964 E Center, questioned how Lindon City stood on the water conservation issue. He mentioned the recent advertisements and addresses by the Governor promoting wise water use. Mayor Ellertson replied that Lindon City had been promoting wise water use for several years through the use of the pressurized irrigation system, information and charts on watering lawns and voluntary restrictions on watering from noon to 6 p.m. He noted that not 100 % of the citizenry have abided by these restrictions and guidelines, but most have. He assured Mr. Kissee that Lindon City will be alright.
MAYOR’S COMMENTS AND REPORT
Mayor Ellertson observed that Lindon City has completed a lease/water exchange with Pleasant Grove. He explained to the audience that Pleasant Grove had leased out their water before construction of their pressurized irrigation system. This lease of water from Lindon City will allow them to supply water through their finished system. Pleasant Grove will return the water used in future years.
Mayor Ellertson noted that the work on the freeway is continuing and will be completed in one year. He asked if there were any question for him from the audience. Daniel Moss, the leader of a scout troop from the Lindon 11th Ward, asked why there were only 3 Councilmembers and the Mayor present for tonight’s meeting. Mayor Ellertson explained that the other 2 Councilmembers were absent, but only 3 are required for a quorum. He explained the items on the agenda and about public hearings. The citizen further inquired why there were 5 Councilmembers and the Mayor for Lindon’s elected officials. Mayor Ellertson replied that Lindon was classed by the State according to the population of the city as a third class city. As such, the form of government is set by statute. Appreciation was tendered to the members of the Council for their service to the City of Lindon. Mayor Ellertson acknowledged his appreciation of the opportunity to serve and encouraged those age 18 or older to vote on November 6th, 2001.
CONSENT AGENDA - No Items.
CURRENT BUSINESS
1. Public Hearing - Ordinance Amendment - Standard Land Use Table - Ordinance #2001-13. The City Council will hear public comment and possibly act to approve an amendment to the Lindon City Code adopting Appendix “A,” the Standard Land Use Table, detailing the new Standard Land Use Codes for all zones within the city, and repealing the current Standard Land Use Tables.
COUNCILMEMBER DAIN MOVED TO OPEN THE PUBLIC HEARINGS FOR ITEMS 1 AND 2. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mayor Ellertson asked Mr. Smith to present this item. Mr. Smith indicated that the “Not Elsewhere Codified” or NEC entries have always disturbed him. He observed that any business that is not listed specifically in the table fell into the NEC category. Mr. Smith commented that he had called the American Planning Association in Chicago for information on an alternative to this “catch-all” category. He indicated the stack of materials received and commented that he had found a “compatibility standard” that may solve the vagueness problem. He indicated that he presented this to the Planning Commission and at their recommendation has struck out all NEC categories and put in the Compatibility Standard for the Council’s review.
Mr. Smith then reviewed Appendix A with the Council. He indicated that the first page of the Appendix is a description of the table. Also part of the first section is a discussion of primary and secondary uses. The second section gives definitions of the various zones, including those proposed and in use. Section Three is the Compatibility Standard. He explained that if a business/land use is not in the table, then it is required to submit an application to the Planning Commission, and City Council if so decided, for a review. After applying the standards listed, if the use is compatible, they will be allowed to locate there. This allows uses without amending the table for everything. The approved use is for one time only. Every decision will be valid for that specific application only.
Mr. Smith pointed out that the table format had been changed to add more information, such as the parking group and special conditions. The parking group will refer to the specific category that applies to this type of business from the off-street parking ordinance. The special conditions column will contain references to specific sections of applicable code. He had also changed the Industrial designations from MG (Manufacturing-General) to HI(Heavy Industrial) and MD (Manufacturing-Distribution) to LI (Light Industrial).
One other change made has been to split the category RMU into a RMU - W and RMU - E. He noted that the RMU ordinance is the next thing to be done in implementing the new General Plan. He observed that advisory planning and governmental organizations recommend that nothing be zoned open space and explained why. When explaining why he recommended a split in the zone designation, he indicated that some uses were appropriate near the lake but not on the mountain and vice-versa. He observed that 90% of the land in the RMU zone is public property owned by the State, the Transfer District, or the City. He added that although the column is appended to the table, that no changes have been made to the regulation of this zone.
Mr. Smith pointed out that shaded lines have been included in the format to facilitate readability. He observed that this table is something that gets used quite a bit and thanked the Council for spending the time to make it more helpful.
Councilmember Bayless noted that on page 14, public skateboard parks were listed differently that private skateboard parks. She observed that the Compatibility Standard would be applied to publically owned skateboard parks. This was discussed. Councilmember Dain suggested that, on page 12 in the RMU-W zone, church and school not be conditional or permitted. He observed that no single family homes or apartments were allowed in this zone, so to be consistent, there is no need for churches or schools. Mayor Ellertson suggested that a church or school may be needed on the border near a residential zone. This was discussed and left as is. Councilmember Dain suggested that peat extraction on page 15 should be conditional in the RMU-W zone by pointing out such a business is in Orem.
Mayor Ellertson observed that the Compatibility Standard may be useful for the review of controversial uses. Councilmember Bayless commented that the elected body should review the controversial issues such as non-standard uses. Mayor Ellertson wondered about the process for reviewing conditional uses. Mr. Smith explained that the review process is similar to reviewing a site plan. The Planning Commission reviews the use and either approves it with conditions or denies the application. It does not come to the City Council unless it is questionable and the Planning Commission recommends that the City Council reviews the application also.
Mayor Ellertson wondered if there was a list somewhere either on paper or in someone’s head that specified the applications that are approved by the City Council and those approved by the Planning Commission. Mr. Smith replied that there is a list in the development manual that he would copy and distribute to the Councilmembers. The Councilmembers discussed whether they felt a use should be reviewed by the Council using the Compatibility Standard. Councilmember Bayless promoted City Council review. The Councilmembers agreed with her.
Mayor Ellertson pointed out a reversal in Section 2 on the heading for R1-20 and R1-12. He also suggested that the definition of RMU should state that this ordinance is pending and the actual zoning will be determined upon completion. He asked if there were any other changes or additions. There were none.
COUNCILMEMBER BAYLESS MOVED TO APPROVE THE PROPOSED REVISION OF THE LINDON CITY STANDARD LAND USE TABLE - APPENDIX A OF THE LINDON CITY CODE WITH THE CHANGES AS AFOREMENTIONED. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE OF THOSE PRESENT, WHICH REPRESENTS A QUORUM.
2. Public Hearing - Reimbursement Ordinance - Ostler Industrial Park - Ordinance #2001-14. The City Council will hear public comment and possibly act to approve this ordinance which will require adjacent lands to the Ostler Industrial Park Subdivision to reimburse the developer of the subdivision for the pro-rata share of the public improvement development costs.
Councilmember Bayless recommended that the Council continue this item to October 16, 2001 as recommended by staff. Mayor Ellertson asked if there was any public comment. Harlow Clark, newspaper representative, asked if this agreement would have implications for other areas of the city, or if it just affected the property owners adjacent and using the road. Mayor Ellertson replied that if would affect only those who benefit from the road. Mr. Smith explained the process of the reimbursement ordinance to Mr. Clark. There was a brief discussion of a time limit on the reimbursement agreement.
COUNCILMEMBER BAYLESS MOVED TO CONTINUE THE REQUEST BY MIKE AHLIN FOR A REIMBURSEMENT ORDINANCE #2001-14. COUNCILMEMBER HATCH SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS:
COUNCILMEMBER ACERSON ABSENT
COUNCILMEMBER BATH ABSENT
COUNCILMEMBER BAYLESS AYE
COUNCILMEMBER DAIN AYE
COUNCILMEMBER HATCH AYE
THE MOTION CARRIED WITH A UNANIMOUS VOTE OF THOSE PRESENT, WHICH REPRESENTS A QUORUM.
COUNCILMEMBER DAIN MOVED TO CLOSE THE PUBLIC HEARINGS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Report and Discussion - Storm Water Phase II Requirements. The Public Works Director, Don Peterson, and the City Engineer, David Thurgood, will report to the Council on the requirements of the EPA Storm Water Phase II plan, of which Lindon is a part.
The Councilmembers decided to consider Item #4 while City Engineer David Thurgood and Public Works Director Don Peterson set up their presentation.
4. Review and Action - Quit Claim Deed - A Portion of the Kirkland Estates Storm Water Detention Basin. A neighbor to this detention basin inquired of the original developer of Kirkland Estates if the developer would deed a portion of the lot set aside as a storm water detention basin to him. The area requested is on a slope and is not necessary for the basin. The developer agreed and signed a quit claim deed. The problem with that transaction was that the city was now the owner of the lot with the detention basin. The adjacent home owner then contacted the city about quit claiming the city’s interest to the unnecessary portion of the lot. Staff has reviewed the information and agrees with the homeowner’s request and recommends that the city quit claim the unnecessary portion of the lot with the storm water detention basin to this homeowner. He has been maintaining this portion of the property for several years.
Mr. Smith presented the request to deed a portion of Lot 112, which contains a detention pond, to the owner of Lot #113. He observed that the owner of Lot #113 has been cutting weeds and maintaining the parcel in question. He would like the parcel to become part of his lot and to landscape it. Mr. Peterson noted that the Public Work Department had no engineering concerns. This would not affect the integrity of the pond. Mayor Ellertson wondered why this parcel was not included as part of Lot #113 initially. Mr. Peterson explained that when the detention pond was sized to fit the subdivision, there was this much area left over.
Mayor Ellertson asked if there was any discussion or comment. He commented that this seems to clarify the ownership and benefits both the City and the property owner. Councilmember Dain questioned whether the land should be declared surplus property, or if the quit-claim deed was sufficient. Mr. Smith was asked to check.
COUNCILMEMBER DAIN MOVED TO APPROVE THE ISSUANCE OF A QUIT-CLAIM DEED OF .06 ACRES TO ROBERT S. CONNER AND RACHELLE CONNOR AS DISCUSSED, IF FOUND THAT THE PROPERTY DOES NOT REQUIRE DECLARATION AS SURPLUS PROPERTY. COUNCILMEMBER HATCH SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. Report and Discussion - Storm Water Phase II Requirements. The Public Works Director, Don Peterson, and the City Engineer, David Thurgood, will report to the Council on the requirements of the EPA Storm Water Phase II plan, of which Lindon is a part.
Mr. Peterson distributed copies of the slides for the Councilmembers to make notes on. Mr. Thurgood explained that this presentation details the requirements of the upcoming Phase II Storm Water Plan. He noted that he had prepared this presentation for engineers and other cities besides Lindon so they could understand the ramifications of these requirements.
Mr. Thurgood observed that there are five principle areas covered in the regulations. These include public education and involvement, construction site runoff and control, post-construction site runoff and control, illicit discharge detection and elimination, snow removal and green waste removal. He introduced and explained each of the program components.
There was discussion of how to control construction site runoff before development begins and after the development is completed but before homes are built. There was also discussion on control of runoff during the construction of homes. Mr. Thurgood explained that parcels one acre or larger are required to get a discharge permit from the Utah Pollutant Discharge Elimination System (UPDES). Smaller acreage will be covered under the development permit. A list of the cities involved in the UPDES was read. Mr. Thurgood observed that the UPDES will be under the jurisdiction of the Utah Department of Health.
There was a discussion on Public Education and Outreach requirements. Mr. Thurgood displayed a list of possibilities and commented that none of these possibilities were required, just suggestions. He noted that the public does need to be involved in the implementation of the storm water plan.
Mr. Thurgood discussed illicit discharge detection and elimination. He mentioned that communities to the north and south of Lindon impact Lindon’s storm water collection system. He explained that an ordinance to prohibit illicit discharge would eventually be needed. The location of existing problems would need to be determined. He noted that Salt Lake County is required to do water quality testing, which will not be required of Lindon by UPDES.
There was further discussion of construction site runoff control. Mr. Thurgood commented that an ordinance will be needed. He suggested that UPDES requirements be considered in site plan reviews and inspections. Councilmember Dain asked about methods used to control site runoff. Vegetation, minimizing disturbed areas, mats, contouring, screening and straw to catch the sediment were listed. Mayor Ellertson commented that the purpose of these measures is to keep sediment from going off-site. This was confirmed by Mr. Thurgood. Mr. Peterson mentioned a particular problem with contractors building dirt ramps over the sidewalks, that wash out during storms. He suggested that building permits be held until the ramp is cleaned up and maintained. Mr. Thurgood suggested some development standards and requirements concerning storm water be developed with sanctions against the contractor for violations. These could apply to the construction of a subdivision or a home.
Councilmember Bayless drew attention to the last two requirements, snow removal and green waste disposal. She asked if the City would become the enforcing body for citizens who do not maintain their property. Mr. Thurgood replied that the City will also have a UPDES permit, and as a permit holder will need to educate the residents about putting pollutants and contaminants in snow that is melting. Mr. Peterson commented one of the things the City can do is to use the street sweeper after snow storms to pick up the cinders used for traction. He observed that, in the future, a City Storm Water Department will probably be needed to manage the system. Storm water fees now collected will help to construct storm drains, and will be used for the management of this department.
Mr. Thurgood discussed the EPA’s estimation of costs to implement these new regulations. He noted that costs to individual landowners are difficult to assess because the costs vary widely.
Councilmember Bayless asked if the City would need to be involved to reduce pesticide use on lawns. There was discussion of the education program. Councilmember Bayless mentioned that Lindon’s storm draining system is also the irrigation system. Mr. Thurgood replied that he could see the City eventually becoming the maintenance provider of the irrigation system. He noted that it is important to design a system that is easy to maintain.
The time limits on implementation of the regulations was discussed. Mr. Thurgood mentioned the possibility of joining in with other cities or the County under a UPDES permit. He noted that implementation of the Best Management Practices is scheduled for completion in January of 2003. The year 2008 will see full implementation. Mayor Ellertson asked if sample or draft ordinances would be provided. Mr. Thurgood confirmed this. Mayor Ellertson asked the Councilmembers if there were any more questions for Mr. Thurgood and Mr. Peterson. Councilmember Hatch asked if the control of blowing dust was considered part of the regulations. Mr. Thurgood replied yes, it is considered sedimentation. Harlow Clark asked about cleaning the storm water system of sedimentation that accumulates in catch basins and other areas of the system. Mr. Peterson answered that the City owns a Vactor truck that is used to clean the system on a yearly schedule. There are problem areas that are scheduled to be maintained every six months to minimize backups. The Councilmembers and Mayor thanked Mr. Thurgood and Mr. Peterson for the presentation and asked them to keep the Council updated.
CITY COUNCIL REPORTS
WATER, GENERAL PLAN, BUILDING INSPECTION, ENGINEERING
Councilmember Dain did not have a report for tonight.
SEWER, SOLID WASTE, PUBLIC BUILDINGS AND PROPERTIES
Councilmember Hatch did not have a report for tonight.
TRAILS, PLANNING, ZONING, BOARD OF ADJUSTMENT, ADMINISTRATION
Councilmember Bayless asked if the Councilmembers had selected a flag for the display during the Olympics. It was discussed and determined that the flags were already chosen and on the list. Councilmember Bayless asked about purchasing a rug for the Veterans Memorial Building. Councilmember Dain was asked to take this on as an assignment.
STREETS, SIDEWALKS, PUBLIC SAFETY AND COURT
Councilmember Bath was excused.
PARKS, RECREATION, EMERGENCY MNGMNT, LINDON FAIR, NEWSLETTER
Councilmember Acerson was excused.
ADMINISTRATOR’S REPORT
Mr. Dameron was absent. Mayor Ellertson noted that a written report from him was in the staff report. He reminded the Councilmembers that the Hollow Park Committee meeting and the Meet the Candidates night were scheduled for October 11, 2001.
COUNCILMEMBER HATCH MOVED TO APPROVE THE PAY VOUCHERS. COUNCILMEMBER BAYLESS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COUNCILMEMBER BAYLESS MOVED TO ADJOURN AT 8:41 P.M. COUNCILMEMBER DAIN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - October 16, 2001
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Ott H. Dameron, City Administrator/Recorder
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Larry A. Ellertson, Mayor |
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