Council Meeting - November 21, 2017

Public Comment
Cheri Condie - Spoke regarding the Oak Road parcel. Appreciates work of the Council and the appreciation for parks and open space. Cedar Hills is a beautiful place tucked up next to the mountain. City leaders know how to live up to environment and scenery loved. Thanked the Council and city staff for the work put into it. She's happy with the outcome.

Ben Ellsworth - There is new construction on Cottonwood Road. He would like to see ways to make the road safer as there are cars parked on both sides with construction. Suggests the city put some lighting in that area as it's very dark at night and hard to see.

John Condie - Thanked the Council and Chandler for efforts put forth on the hillside project of Oak Road. Chandler spent a lot of time finding historical records and dealing with complaints. Appreciates his hard work.

City Reports
Chandler Goodwin - Final week of Jr Jazz registration this week. Golf is winding down but would like to stay open until Dec 9th. Ski bus registration is open but chaperones are all assigned. Snow parking signs have gone up throughout the city. LPPSD did appoint a new chief tonight. City received plans for Phase 5 of the Cedars Townhomes. Original townhomes were approved in 2002 but they are making some minor changes. If residents reach out to council, please direct them to staff.

CM Rees - Still working on State of the City, but it should be ready to go to the designer by the end of next week. I have not received any feedback from the Council on the articles so we'll move forward.

Mayor Gygi - LPPSD appointed Reed Thompson as new fire chief. He's from South Jordan.

CM Zappala - Parks and Trails Committee met last week. Santa night is December 4th. Working on proposal for the budget next year for their projects. On park maintenance, they would like to be consulted on the RFQ for park maintenance. Have some concern with proper maintenance of trees throughout the city. They want to know who is responsible for checking on and maintaining trees, especially newly planted trees.

Review/Action on Canvass of Election
The City and Utah County Clerk’s office jointly administered the November 7th General Election. All Cedar Hills ballots were received and processed by and under the direction of the Utah County Clerk’s office. Pursuant to state law, it is necessary for the City Council to act as the board of canvassers and to canvass the election returns by reviewing and verifying the Statement of Votes Cast provided to us by the Utah County Clerk’s office. It will be necessary for the City Council, by motion, to officially certify the results of the canvass and declare “elected” those persons who had the highest number of votes. Also, it will be necessary for the City Council, by motion, to officially certify the results of the canvass and declare “approved” those ballot propositions that had more “yes” votes than “no”, or declare “rejected” those ballot propositions that had more “no” votes than “yes” votes.

The official counts are:

Total Votes - 2,067

Jenney Rees - 1,462
Denise Andersen - 1,322
Ben Ellsworth - 1,139

For the PARC tax - 1,105
Against the PARC tax - 925

Review/Action on Rezoning a Parcel of Land from the Public Facilities Zone to Residential
This item was removed as the landowner contacted the city through his attorney and removed his application. If at some future time he wishes to pursue this he will need to submit a new application.

Review/Action on Amending Ordinance Related to Premises Occupations
A resident has applied for a premises occupation business license, subject to the provisions in City Code §3-1E. The applicant meets the various provisions except for a requirement for the property to be a minimum of one acre. Premises occupations are only allowed where a home has ingress/egress on an arterial roadway (Canyon Road). Currently there is only one premises occupation in Cedar Hills, Shelly’s School of Irish Dance. The new proposal is for a bike shop area to be located in a new accessory building in the rear of a property that totals .65 of an acre. The homes along Canyon Road are zoned in either the R-R 1 20,000, R-1 15,000 or H-1 zone. Staff is recommending that three changes be made to the premises occupation code:

1-Change the approval body to be the City Staff as was approved in §10-5-37, conditional use code. The chart in that section of code identifies Admin as the approval body; in this case the appropriate administrator would be the Business License Official. This change would bring the two separate codes into agreement.

2-Change the provision requiring one acre. This size provision may be reduced and still meet the intent of the code, that the use remain primarily residential in nature. By reducing the area required, it will allow additional homes to have the option to have a premises occupation. By making the change to half acre, six additional homes would meet this requirement.

3-Change the provision requiring a BCI background check to be only for those businesses as outlined in §3-1C, businesses that involve minors or elderly individuals.

This was unanimously approved.

Review/Action on Signage for Walmart
Walmart is in the process of updating their store to fit in with the current color and design scheme of their brand. Walmart is proposing to alter their current signage by adding a blue background to the current “Walmart” sign, as well as add a “Pickup” sign on the northwest corner of the building with an orange badge. The pickup is a new service offered by Walmart, this portion is a new sign location on the building. During the April 3, 2007 City Council meeting, the Walmart site plan was accepted with the provision that, “signs shall be subject to all provisions of the Cedar Hills sign ordinance. The City Council will make a finding at final site plan approval as to which facades of the building will be determined to be the front.” The proposal alters the current signage on the front as stated above, as well as changing the verbiage of the sign on the south of the structure from “Outdoor Living” to “Lawn & Garden”.

Planning Commission split their vote, 3-2 in favor of recommending the proposed changes. The concerns of the Planning Commission centered on the colonial aspect of changing the colors of the signage. Cedar Hills has conflicting language in the code regarding commercial signage.
§10-5-26 (D) (4) limits commercial signage to a cumulative display area of 25% or 90 square feet, whichever is greater. However, recently adopted code §10-6A-(E) (5) limits signage to 10% or 75 square feet. The more recent code would trump the older code, however in this instance Walmart’s signage was approved prior to the adoption of §10-6A.

The proposed signage is below:

C. Geddes was fine with the blue. Stucco color is easy to change. Doesn't think the City Council should mandate color for signs.

C. Zappala said the decision has to be made on whether this is considered a sign or part of the architecture of the building. The sign ordinance allows, but the architectural design says colors have to be earth tone.

C. Bailey feels it's part of the sign and he's fine with it.

C. Andersen stated while it's not something she'd choose, she wants to be friendly to Walmart. They have left other cities when it's been difficult to work with cities and she wants to keep Walmart here.

I looked at other signage in the area. Harts has a metal rectangular sign that is silver and red and doesn't necessarily adhere to the Colonial Style. I agree with Denise that the blue isn't something I'd prefer, however, I worry that our city has a reputation as being difficult to work with when it comes to commercial development. Now that the State is moving forward with development of their land across the street from our commercial zone, I worry that we may miss out on commercial opportunities that we'd prefer if we are harder to deal with than other entities. I would like to stick with most of our colonial aspects, but would be willing to compromise on signage for businesses.

This was approved with the change that the "pickup sign" should be an actual sign, not painted brick.

Review/Action on Accepting the FY17 Financial Audit
Annually we contract with independent auditors to review the basic financial statements. The independent auditors are expected to obtain reasonable assurance that the financial statements are free from material misstatement and are fairly presented in accordance with generally accepted accounting principles. The auditor presented. It's rare for cities to have their own staff prepare the CAFR so he is impressed Charl does this for us each year. The city received a clean opinion on the audit. They also found no deficiencies on internal controls. There were no findings with compliance of State programs.

Review/Action on Amending Ordinance Related to Building Plans
The Cedar Hills building department, currently and in the past, has required Utah registered design
professionals to provide design documents for all structures being built under the I-Codes with the
exception of the IRC (International Residential Code). The most recent (2015) International Building
Code (IBC) Section 107.1 indicates that this is required only if the statutes of the jurisdiction issuing
permit for construction requires it.

"IBC Section 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code."

In an effort to continue providing for the safety of individual structures and the community as a
whole, the requirement to provide registered design professional prepared building permit plan
submittals should be recognized by Cedar Hills statutes. This would only apply to commercial buildings. Residential building and residential accessory buildings (such as separate accessory structures on a lot that is used as a home-based business) will follow the IRC. This was approved.

Review/Action on Amending Ordinance Related to Weed Nuisance
Based on the discussion on the rezoning proposal of the Oak Road parcel, it has come to staffs attention that the weed ordinance needs to be amended to account for large properties that should have some type of annual weed abatement. Additionally, the ordinance needs to account for natural open space that should be preserved, while balancing the need for fire protection. The ordinance as proposed uses the Utah State Code definition of weeds, and provides for the Zoning Administrator to determine the practicality of the abatement program. Additionally, landowners may make written request to receive an exemption to the provisions of the code. The Zoning Administrator may determine whether the real property poses a fire risk to the surrounding neighbors and what the compliance method shall be. This was approved.

Review/Action on Golf Cart Lease Agreement
Staff has been looking into golf carts the entire year as our extended lease is up at the end of the 2017. Based on our prior experience and the topography of the course itself staff feels strongly that we need to get a different cart and go with the new lithium ion batteries this time. There is no battery maintenance required and it will also save on acid drips on the cement in the cart area. We will also save 4-8% on our electric bills with this new battery. In addition we estimated that we will save approximately 180-200 hours per year on labor with the new carts. There is no other company that currently has lithium ion batteries in the market yet so this is a single source provider. We also were able to have them bring down a cart for our staff to demo; we had our mechanic go over it top to bottom, he is very much in favor of this to free him up to work on other pressing maintenance issues throughout the year. RMT is scheduled to pick up our current carts at the end of December and deliver the new carts sometime in the middle to the end of February, allowing us time to organize the cart area in preparation for the new fleet. In order to keep within our budgeted amount we are reducing from 80 carts to 78 for the duration of the lease. This reduced number of carts will still allow the golf course to host full-field tournaments. Because the batteries are fully warrantied for the duration of the lease we also would be extending our lease from 4 years to 5 years. This was approved.

Discussion on RFQ for Outdoor Maintenance and Solid Waste Collection/Recycling Services
As a best practice, Cedar Hills attempts to put professional services contracts out for bid through an RFP/RFQ process every five years, or as needed. The current service agreements for Wilkinson Outdoor Maintenance and Waste Management are set to expire in the next 2-6 months. The RFP/RFQ process will allow the City to obtain quotes that ensure competitive pricing and ensures quality of service. Both RFP's will go out over the next couple of weeks for a decision to be made in January. The parks maintenance RFQ will be shared with the Parks & Trails Committee to receive their feedback.

City Council Meeting - October 17, 2017

Public Comment
Barbara Ramos - Wants to start a bicycle shop on her property, which is about 3/4 of an acre. She has a building on her property that she wants to use as a bicycle shop. Other neighbors have accessory buildings that they operate a business out of. Her request was denied by staff, and she feels this is unfair as neighbors are already doing this and have been approved. She would also like the ability to install a 6' fence in her front yard 18' from the road as she lives on Canyon Road and wants additional security from the traffic on Canyon Road. The 18' allows for visibility to not be affected. She will continue to work with staff on solutions but it will come to the Council if changes to ordinances need to be made to allow for both of these.

Kathy Hanks - Is opposed to the subdivision being proposed on Oak Road. Has gone through this before and it seems that there could be houses built on the ends but allow for green space for the rest of the parcel. Hillside is not stable for homes on the entire parcel. City could do neighborhood survey of those who are impacted to get feedback.

Dave Free - A few months ago he came to discuss a sidewalk on Oak Road for kids to walk on. Kids cross the street twice in that area in order to stay on sidewalks. Cars are speeding and wants to know if anything is being done as far as sidewalks or speed bumps. Gary said he will follow up with staff on this.

Public Hearing
Cheri Condie - Hopes Council has read input given to Planning Commission. Wants Council to deny the request to rezone as residential. In the General Plan this parcel is designated open space. City Council is called on to enact regulations to follow the plan, which avoids arbitrary governmental choices. Council can control population density and conform to code. City Council is supposed to lessen congestion and control density. Values for open space should be considered. Payoff for open space is recreation and connection to nature. Feels we need a professional city planner as we continue to grow. Would help to prevent blunders from past years. Does not want PF zone changed.

Troy Flickinger - Same issues exist on this parcel. Was told this parcel was always going to be open space. Wants it to remain so. Doesn't want to have people building in his backyard. Zoned open space because it didn't make sense to build homes in that space. Opposes the rezoning.

Eric Richardson - Early in city history this parcel was reserved for open space because we value open space. This has been the plan from day one. Residents are not in favor of this rezoning, only the landowner wants it. Thanked Council and staff who have been helpful in gathering information on this. Staff is very open and helpful. Opposes the rezoning. Would like to continue the public hearing so more people can give input.

Ken Hazelbaker - When he purchased his property he was assured this parcel would remain open space.Thanked the Council for service given to the community. Appeals to Council to go back and think about integrity and to do what has been said will be done. From day one, this has been designated as open space. Doesn't want to keep kicking the can down the road or keep rezoning as the Planning Commission recommended. Wants it dealt with. Give the owner what he spent on it as it's meant to be open space.

Holly Bringle - Just moved here from Washington. When they looked at their home part of the consideration was open space. Has concerns with more homes being developed on that parcel. Kids play in that area now. Bought their home with the understanding that it would remain open space. Disappointed with the prospect of that changing. Young families will be affected by the change.

David Driggs - Wanted to correct some confusion regarding Planning Commission action. PC made recommendation that the parcel be moved back to the residential zone not to open for development, but in order to make the property subject to weed nuisance ordinance and because the public facilities zone does allow for some development, such as parks, schools, cemetery, and water storage tanks. Moving it to residential means these wouldn't be a permitted use.

Daniel Zappala - Appreciates passion for open space. Wants city to keep commitments to all open space, including St. Andrews. Hopes if PC sees a loophole in ordinance, that a recommendation to change the ordinance is made.

Howard Hansen - He owns lot 19. This is all being talked about as if it's city property, but it's always been personal property. Said original zone was equestrian. Many of the residents wouldn't want horses in that area. Wants what is right and fair. Has a big piece of property and wants what can be done for the most people for the right reasons. Has protected the residents in that area from taking that property and building a parking lot on it, as what happened in Orem. Has some offers that are hard to refuse. City and realtors can't give residents that property. It's his property. Wants a good decision to be made for everyone. Day one zone is equestrian, not something else. Compliments City Council on how well run the meeting is.

City Reports
Chandler Goodwin - Jr Jazz registration is now open. Flag football is wrapping up. Golf crews are moving into the new building. Thanked everyone for attending the 40th party last night. Concepts designs were shown for the future Harvey Park and would like feedback from the community. Concept video will be put on the cities website.

CM Rees - Working on State of the City.

Mayor Gygi - LPPSD is working on hiring a new fire chief, but it's been delayed as two candidates are in California to fight the fires there.

Review/Action on Rezoning of Certain Portions of Land in the Public Facilities Zone to Residential
Applicant and land owner, Alan Parsons, has applied for a zone change for his parcel, Lot 26 of Cedar Hills Subdivision Plat I. The parcel in question has been recorded as open space from the time that Cedar Hills Subdivision Plat I was recorded in 1976. The subdivision was built by the Associated Industrial Developers, who owned the parcel in question from the time the plat was recorded. In 1983 the property changed hands through a tax deed, and Alan Parsons received the property by quitclaim deed.

The current piece is identified as “open space” on the plat, and is zoned as public facility. In order to put density onto the property, the legislative body of Cedar Hills would need to rezone the parcel into the R-1, 11,000 zone, vacate the plat identifying Lot 26 as open space, and re-plat Plat I as Plat I Amended. The owner of Lot 26, or the developer would be responsible for surveying and re-plating Plat I.

Homeowners in the area are opposed to the rezoning and development of the lot. They state that this has been zoned as open space since 1976 and their homes and subdivision were built with the expectation that land would be open space. They do not want the city to allow for development on that land.

The Planning Commission recommended the open space designation remain on the land, which prevents development, but recommended the property be rezoned as residential in order to enforce the weed ordinance, which currently isn't being handled by the property owner and the city can't enforce due to the parcel being in the public facilities zone.

The attorney for Mr. Parsons requested that this item be tabled as he was ill and could not attend the meeting. This was approved and will be on the next Council agenda, which is November 21st.

Review/Action on Ordinance Relating to Artificial Turf
A resident has requested that the City consider allowing artificial turf as an acceptable form of landscaping. Other municipalities have considered and adopted provisions allowing artificial turf within a set of guidelines. Ogden has adopted an ordinance allowing artificial turf. Cedar Hills City Code §10-5-27 would need to be amended to allow for the installation of artificial turf. Currently, §10-5-27 (B) states, “The front yard area of any existing lot containing a dwelling shall be landscaped. It shall be unlawful for the owner of any residential lot within the city to refuse to install and maintain landscaping within the front yard area of any existing residential lot containing a dwelling. The front yard area shall consist of the entire lot area from the front lot line to the face of the dwelling, or the front setback area, whichever is greater (except for approved designated parking areas). Corner lots have two (2) front setback areas. Landscaping shall be properly maintained including removing weeds and mowing turf areas. Turf grass shall not exceed six inches (6") in height. (Ord. 10-20-2009C, 10-20-2009) This provision is exclusively for the front yard. The Planning Commission recommended prohibiting artificial turf.

David Driggs presented on the reason for the PC recommendation. Commissioners expressed concern about environmental issues, safety issues with the way it holds heat. Also said over time it becomes frayed or discolored and doesn't know how city will police the quality of it. Feels rest of city has natural landscaping and it may look out of place to have something different in a few homes. No concerns were expressed for the backyard use.

Mayor Gygi would like the PC to approve instead of prohibit.

I think it's an interesting idea, and I know two people in my neighborhood who have installed artificial turf. Ogden city has an ordinance that requires it to look nice and details when it needs to be replaced and repaired. We are encouraging water conservation and this allows for residents to conserve water. I don't see a compelling reason to prohibit private property owners from using this as a source of landscaping.

The rest of the Council agreed that we would like to see wording from the PC on allowing it, with conditions such as Ogden City has.

Discussion on PARC Tax
State code 59-1-1605 requires taxing entities placing a tax proposition, i.e. PARC tax or other, on a general election ballot to hold a public meeting, allowing equal time within a reasonable limit for a presentation of the arguments in favor of and against said proposition during the public meeting. The submitted arguments for and against are available on the city's website at http://cedarhills.org/sites/default/files/proposition-7-voter-info-pamphlet-2017.pdf. I do support the PARC tax, and wrote the "for" argument and rebuttal, which is in that pamphlet.

Eric Richardson - As we talk about philosophy of government, one thing that is important is that all government bodies aren't the same. Local government shouldn't have armored tanks, but likes that they have recreation opportunities. PARC tax is an optional tax and people aren't required to shop in Cedar Hills. You can vote with your feet, and support these things with your shopping habits. Nobody decides where to buy milk based on tax rates. Showed a Kids4Parks flyer, which emphasized that kids in the city do like parks. This group talks about park and recreation facilities and he agrees with that. Wants more things for kids. Hopes to see the tax passed.

Kelly Smith - Supports PARC tax. She worked to get this passed in American Fork and it's served the community well. Supports it because it generates revenue from others who shop in Cedar Hills. Non-residents also use our parks. Appreciates that it's a small amount of money being only one penny for every $10 spent. If we don't vote for it, we are at a disadvantage as other cities are using this tax to improve their parks, so are making their communities more attractive.

Brian Miller - Supports the PARC tax. Read the arguments for and against and the tax has nothing to do with the golf course. Tax is a small tax that gives opportunity for residents outside of our community to help pay for our parks. The money stays in Cedar Hills and enhances the community. It's used for park enhancements, for arts, for recreation and cultural opportunities, and to gather as a city. It's one penny for every $10, which won't change anyone's purchasing habits. It's not a new tax, we've had it in the past but it expired. It didn't pass last time because it wasn't explained well, but nobody has noticed more money in their pockets this last year that the tax hasn't been in place. Encourages residents to support this tax to enhance our city.

Jerry Dearinger - He worked on the against argument. Says we spend hundreds, if not millions of dollars, from other funds to enhance parks. This tax doesn't enhance parks. There are many retired people in the community who struggle to get by. His property taxes and other taxes have increased but his salary has not. Does not advocate for this tax. Feels the city can find money in the budget from other areas. Doesn't rely on the city to provide entertainment for his family. If people want this, they can donate money to the city to pay for programs. He doesn't want to be forced to pay for this.

Review/Action on Ordinance Regarding Weed Nuisance
Based on the public hearing for the rezoning of the Oak Road parcel, staff felt that it would be appropriate to review §4-2-3 related to weed nuisances. Currently (5)(j) reads: "j. Weeds: Weeds on developed commercial and residential lots shall be maintained at a height of not more than six inches (6") at any time, and shall be cleared from real property in the city. Weeds on undeveloped lots shall be maintained at a height of not more than six inches (6") at any time, within thirty feet (30') of any property line, road or structure. Lots being used for livestock pasture or agricultural crops are exempt from the maximum height limit. Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location that constitute a fire hazard." 

Staff is recommending minor changes that would change the language related to undeveloped lots, to include language subjecting every zone to the weed abatement ordinance, and adding language to carve out an exception for municipally owned parcels intended as natural open space. Chandler (city manager) feels that this needs more work so that there aren't any unintended consequences. This item was tabled so staff has more time to research this issue.

Discussion on Watershed Program
State Code allows for municipalities to draft watershed protection programs that prevent pollution and contamination of streams and watercourses from which the residents of the city derive their water supply. The draft ordinance was adopted by American Fork City in response to potential development in American Fork Canyon. As Cedar Hills derives its culinary water supply from the same resources, staff felt it may be prudent to explore a similar ordinance that gives Cedar Hills the ability to voice concerns due to any development that may potentially be detrimental to the city’s water supply.

I support this effort and feel we should move forward with a similar ordinance.

Council Meeting - October 3, 2017

Work Session
Mayor Gygi brought up the Oak Road parcel. He is getting several emails from residents. The landowner purchased this land knowing that it was open space. Has regularly tried to get the city to rezone the land to residential. Mayor says he's not unsympathetic to the landowner but he knew what he was buying. Says the residents surrounding that area have benefited from others owning that land and want to continue to benefit from it. He proposed to those residents that the best solution is for the existing residents to pool resources together, purchase the land, and make it a permanent conservation easement. In order to do this, two parties are required - someone to own the land and someone to maintain it. The residents can purchase it and encumber it to the city to maintain. Denise suggested that we could make it a walking park so as not to spend a lot of money on converting it to open space usable by the entire community. Daniel said open space benefits us all, allows space for wildlife. Gary said if the city as a whole wants to use the land as a park, then we should make it something that can benefit everyone as opposed to just those adjacent to the land. My understanding was that it was always intended to include a trail of some sort and be usable open space, not just native plants, so I supported Denise's idea. Chandler said it could be part of the trail system, could be a dog park. Daniel wants the city to keep it as part of the park system and likes the idea of using it to expand our trails system. There is a trail that dead ends right across the street so this would add to the continuity of our trail system. Would like a trail, maybe a gazebo to sit and enjoy the views. Would prefer not putting a dog park as that has the potential to cause issues in an existing neighborhood. Chandler said one thing to consider is that with the acquisition of the Harvey land, priority of funds for park development will go to Harvey Park. That means this parcel will be on the back burner for awhile. Daniel said he'd also like to see St. Andrews moved in the Public Facilities zone to discuss as open space. Denise said she lived near this parcel of land for many years. Having a connector from Oak Road East to Oak Road West is great. Could also have some outdoor exercise equipment there, like other parks do. Mike said we don't need to rezone this to residential. 

Public Comment
Nobody signed up.

Consent Agenda
Three new members were appointed to the Parks & Trails Committee.

City Reports
Chandler Goodwin - Ski bus registration is now open. Last LP baseball tournament was held today. Golf course was recently spike aerated. Soccer and football are finishing up. Voter information pamphlet is on the city website and paper copies will be mailed. Mike Carson won the Service is Beautiful Award through Seamless.gov.

CM Rees - It is time for the annual State of the City and I will work with staff on getting this out. The goal is to have this out in November. Some suggested topics include the 2017 budget, a brief discussion on property tax, the mayor and city manager messages, and beginning discussions on the concept plans for Harvey Park. 

Mayor Gygi - At LPPSD meeting there was a draft report from the State Auditor and some inaccuracies need to be cleaned up.

CM Zappala - Had a request from a resident to look at banning open burn permits. DEQ said it is up to each individual city on whether or not to issue permits. This resident had a neighbor doing an open burn and it was blowing smoke into their yard and their house. They had to keep their house locked up and not use their yard for three days because of air quality. Feels in an urban area such as ours we shouldn't allow open burn permits. Mayor Gygi said Ben as the Fire Marshal should make a recommendation to the Council. Daniel would an agenda item to discuss whether St. Andrews should be rezoned as public facilities as part of a long-term plan.

Review/Action on Amendment to Ordinance Regarding Solicitation
Based on Council feedback from the August meeting, staff is proposing to amend the Cedar Hills Municipal Code as follows: 3-1D-9: NO SOLICITATION NOTICE: B. The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors, nor shall solicitors leave any advertisements, door hangers, material, or any form of literature at any residence displaying a “No Solicitation” sign. 3-1D-10: DUTIES OF SOLICITORS: D. It is a violation of this article for any person soliciting or advocating to knock on the door, ring the doorbell, leave any advertisements, door hangers, material, or literature at the residence, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Solicitation” sign for the purpose of engaging in or attempting to engage in advocating, home solicitation sale, door to door soliciting, or soliciting.

Everything above in red is the proposed addition to the existing ordinance. This request to add flyers to the no soliciting ordinance was requested by a resident. He stated that there are several retired residents who travel out of town for several weeks, or even months at a time and having flyers left on the door sends the message that nobody is home. He worries about these homes being a target for thefts. I support adding this line to our existing ordinance as it makes sense for us to help protect the property of our residents.

Another item I raised is that our existing ordinance doesn't have any teeth. There is no penalty assessed to a person who violates the non-solicitation ordinance, so many residents feel that their no-soliciting sign is ignored as there are no repercussions. I asked how other cities enforce their ordinance and if we can do anything like assessing a fine. David Shaw (our attorney) said a violation is a Class B misdemeanor. Resident would need to contact AFPD (non-emergency line) as they can issue a citation, and the resident should notify the city so that the city can reach out to the business of the solicitor and make them aware of the updated ordinance.

This was unanimously approved.

Review/Action on Adoption of No-Fault Insurance PolicyBased on the recent pressurized irrigation line break that occurred in May that resulted in four homes being flooded, the City has worked with Olympus insurance to begin to establish a no-fault utility claims program. The program establishes criteria and owners responsibilities that must be met in order to receive assistance; additionally, the assistance from the city is limited as the policy establishes a maximum payout. There is a need for this type of policy to be established in Cedar Hills as we experience a utility line failure periodically. In the past the City Council has not had a policy to guide decision making, and as a result has looked to past actions to determine how to respond to various incidents. This program not only establishes a policy in the case of a utility failure event, but also provides informational brochures for the public on sewer backups, insurance, and prevention. This policy allows staff to deal with these claims without needing to come to the City Council. This policy will be published, but I'm happy to send it to anyone who would like a copy.

City Council Meeting - September 19, 2017

Public Comment
Scott Ceraso - Spoke regarding Canyon Road. Has been seeking additional support from residents and elected officials to get improvements for Canyon Road. Asked Mayor Gygi to clarify his position on Canyon Road. The difficulty Scott is having is that he hasn't had many meetings with the Mayor. He sat with him for an hour one morning where Scott did most of the talking. Feels Mayor didn't really get into the details on what is position is. Appealing to Mayor and Council to come together with residents to discuss the specifics, especially with regards to safety.

YCC Presentation
Four members of the YCC presented info on what they are working on this year. Would like permission to get a social media account to promote their activities. It will only be used for promotion, not a political forum. Their generation connects frequently through social media and other city YCC groups do have a social media platform. They are willing to work with the city and their adult advisors to regulate the accounts so it reflects positively on the city. Instagram is the one forum they want to use now, may use YouTube and Facebook later.

Mayor indicated staff has some concerns with this, so he encouraged the YCC to meet with staff to further discuss. Chandler said YCC addressed most of their concerns so he is on board, but would like to work with the YCC to setup policy and parameters.

Stephanie Martinez (advisor) spoke. On social media account, they were told no so decided to come to the Council. They created a list of checks and balances in order to address concerns that city staff had. Would also like to get a Venmo account for fundraisers. Chandler said the concern is that 1) it creates additional work for staff as the end user for financial accounting and bank reconciliation, and 2) the opportunity for fraud. It has to be linked to the city's checking account, which then provides access to city funds. He is looking into some other options that are already integrated with city systems.

Consent Agenda
Minutes from the August 29th Council meeting were approved.

City Reports
Chandler Goodwin - Rec programs are going well. Golf has been busy. Golf equipment is still in storage so a new type of aeration will be done this year. On October 16th we will celebrate our 40th anniversary.

CM Rees - The County is having a townhall meeting on October 11th at 6pm to discuss their plans for Canyon Road. The Cedar Ridge PTA is holding a meet the candidates night on October 12th at 7pm.

Mayor Gygi - LPPSD meets this week to discuss the audit.

CM Zappala - Parks & Trails Committee removed a tree in the roundabout that had died and planted a new one.

Review/Action on Adopting Water Conservation Plan
The Division of Water Resources requires a Water Conservation Plan be submitted to the department of Natural Resources every 5 years according to the Utah Water Conservation Plan Act (73-10-32, UCA). The water conservation plan including the appropriate updates is required to be approved by ordinance or resolution. It details some of the water conservation efforts the city leads, such as metering and billing of culinary water, resident education, and establishing outdoor watering restrictions. The entire report can be found on the city's website. The Council discussed some things the city could do to lead the way, such as budgeting to remove grass from park strips and replace with xeriscaping, having signs informing residents of city water reduction areas, and reporting water savings for city property based on meter reads. Council agreed that the city needs to be more proactive with water conservation on city property. Recommended that the Planning Commission begin looking at our code to determine areas where we need to update to encourage and allow water-wise landscaping. Staff will start this process and make recommendations to the PC.

Review/Action on Release of Durability for Bridgestone Subdivision Plat C
The following is provided by Bowen Collins & Associates as Cedar Hills Engineering. “Dear City Council: This Letter is in regard to the Bond for Bridgestone Plat C development currently held in the escrow account #015616519 at Zions Bank. Perry and Associates, Inc., the developer, has completed the subdivision work and the durability period, and is requesting release of the remaining durability retainer portion of the funds in escrow. The escrow account was created in 2012 with funds of $256,806.83 for Plat C. In 2015 an amount of $214,005.69 was released associated with the performance bond, and the remaining $42,801.14, plus any accrued interest, is currently held as a durability retainer. The completed development has now been inspected at the completion of the durability period by City Staff and found to meet City Standards. Based on these findings, it is our recommendation that all remaining bond funds, the durability retainer in the amount of #42,801.14 plus any and all accrued interest, be released to the developer.” This was approved.

Review/Action on Amendment to Ordinance Regarding Solicitation
Based on Council feedback from the August meeting, staff is proposing to amend the Cedar Hills Municipal Code as follows: 3-1D-9: NO SOLICITATION NOTICE: B. The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors, nor shall solicitors leave any advertisements, door hangers, material, or any form of literature at any residence displaying a “No Solicitation” sign. 3-1D-10: DUTIES OF SOLICITORS: D. It is a violation of this article for any person soliciting or advocating to knock on the door, ring the doorbell, leave any advertisements, door hangers, material, or literature at the residence, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Solicitation” sign for the purpose of engaging in or attempting to engage in advocating, home solicitation sale, door to door soliciting, or soliciting.

This item was tabled as a quorum was not present.

Review/Action on Adoption of No-Fault Insurance Policy
Based on the recent pressurized irrigation line break that occurred in May that resulted in four homes being flooded, the City has worked with Olympus insurance to begin to establish a no-fault utility claims program. The program establishes criteria and owners responsibilities that must be met in order to receive assistance; additionally, the assistance from the city is limited as the policy establishes a maximum payout. There is a need for this type of policy to be established in Cedar Hills as we experience a utility line failure periodically. In the past the City Council has not had a policy to guide decision making, and as a result has looked to past actions to determine how to respond to various incidents. This program not only establishes a policy in the case of a utility failure event, but also provides informational brochures for the public on sewer backups, insurance, and prevention.

This item was tabled as a quorum was not present.

City Council Meeting - August 29, 2017

Work Session

A group has approached the city expressing a desire to build a storage complex at St. Andrews Estates, which is property owned by the city in the northeast corner of the city, right off Canyon Road. Originally they were interested in the commercial area, but this use is not an approved use for that area, so our realtor suggested St. Andrews Estates as a potential option. He feels this is a good use of that area and would be aesthetically pleasing.

Scott, the storage complex developer, presented their concept plan. Said if it is zoned commercial then the city can charge more for the property. One entrance allows the project to be visibly attractive and cuts down on traffic. Because it's commercial, the property tax revenue from this building would be more than residential. Having homes in the area increases risk for the city if homes are damaged by golf balls. The project assists with the retention of the hillside as some of the units are along the back and are known as storage condominiums as people can actually purchase the storage units instead of leasing them each month. Some of the units would be large enough for RV's.

This area is zoned residential and has been since the lots were created. Storage units, or any other commercial venture, cannot be built in this area unless a zoning change occurs. I am opposed to rezoning this area for commercial use.

Next discussion was whether or not we should change the name of Deerfield Park to Harvey Memorial Park. Originally we had offered this as part of the negotiation because the land price at open space rates was less than what they would get from a developer. They rejected that offer and the offer to have it named after them. The final offer we made and that was agreed to was for the city to purchase the land at developer rates. Now they are requesting that we change the name to Harvey Memorial Park. I requested that we send this back to the Parks and Trails Committee to discuss as that is a role they should have with their assignment. However, the rest of the Council felt it was fine to change the name as requested by the Harvey's.

Council Meeting

Public Comments
Nobody signed up.

Consent Agenda
The minutes from the July 18th and August 1st council meetings were approved. Charl Louw was appointed to the Parks and Trails Committee.

City Reports
Chandler Goodwin - Soccer and tot soccer started last week. Flag football registration has closed with 55 children signing up. Starting a new free program called "Mommy and Me Songmaker", which is for kids not yet in school. Karate is going well. We had about 500 people attend our city breakfast. Harvey land purchase has been finalized and recorded on Friday. Next month is the ULCT conference in Salt Lake City.

Mayor Gygi - LPPSD audit was completed. KSL will be reporting on it tonight. There were no financial misdeeds, but did provide some guidance on things that could be done better with regards to credit card use and a few other items. Staffing at LPPSD is low. They will rotate keeping Cedar Hills and Alpine open until staffing issues are resolved. Highland will remain open at all times. MAG is looking into whether or not Utah County can overrule an approval made by MAG and their TAC committee.

CM Geddes - LPPSD audit items were fairly standard and he doesn't see any issues.

CM Anderson - Planning Commission will be meeting later this week.

CM Bailey - Burn season is going to be the month of October. If a resident wants to burn, they need to apply for a free burn permit.

Discussion on Solicitation
Keith Irwin - He is retired and volunteers in various capacities, so he travels a lot. He has neighbors who also travel quite a bit. It's a concern when they come home and see several flyers left on their door as it sends a message that nobody is home for extended periods of time. The solicitation ordinance the city currently has is related to face-to-face interactions. He would like to see an update to the code that if there is a no soliciting sign on the door, flyers cannot be left.

Chandler did research on codes from other cities. Each city has their own rules on business licensing and soliciting. Our code is on par with other cities. His concerns are first, are we infringing on first amendment rights. Second, non-profits generally are allowed to leave notices on doors. He would recommend residents let neighbors know they will be gone and ask the to remove flyers. Enforcement only happens when someone notifies the city.

CM Bailey understands his concern. He has seen vacant homes with piles of flyers stacked up. His only concern is that those handing them out may not know they can't leave them on the door of a house. Asked if there could be a service offered by the city similar to the post office, where a resident asks the city to monitor their home and remove flyers when they are out of town. Chandler said that would be difficult to do as we don't have enough staff to handle that.

CM Andersen said she wants to allow church groups and neighborhood notices to still be allowed, even with the no soliciting sign.

My thought was to keep it limited to only homes with no-soliciting sign and for profit organizations. Non-profit groups such as scouting and neighborhood notices would be allowed. If a resident gets a flyer on their door and have the no-soliciting sign, they can notify the city and the city can follow-up with the business to make them aware of the rules with regards to flyers on homes with a no-soliciting sign.

David Shaw (city attorney) said this isn't a new issue. Can put up a sign saying "no commercial soliciting" to allow for church groups, eagle scouts, etc to still leave flyers. City can have an ordinance such as what is being proposed.

Discussion on Canyon Road
Peter Henderson - Representing himself and Scott Ceraso. With the Canyon Road plans going on, there has been a lot of discussing among residents. Scott's main objective is to get Mayor Gygi and all council members to provide a written statement on their views for the future of Canyon Road. Peter's perspective is that he moved where he is because he wanted a large piece of land that nobody was going to bother him about and that nobody would take. He doesn't care what happens with Canyon Road as long as his property isn't taken. He has fixed the safety issues that affect his land. It would be great if Canyon Road improvements were made but he also understands the cost and practicality of doing so.

Mayor Gygi said he has stated his position to Scott and has nothing new to add.

Chandler presented on the 60% plans. He's been asked if there is an equitable distribution of the MAG funds between Cedar Hills and Pleasant Grove. He feels it is not equitable. Intersection of 2600 North in PG is getting a significant reconfiguration, which includes curb and gutter along Canyon Road. The County has said they don't install curb and gutter on county roads, but yet they are in this section. South of that area, eminent domain is being used to widen the road, add shoulders, and add curb and gutter. At the area where it changes from PG to Cedar Hills, the type of road also changes. They are doing a full depth reconstruction on the PG side and just an overlay on the CH portion. That means in a few years we are going to have many of the same issues that we face now as it won't fix many of the issues. The intersection of 4000 N is also getting a reconfiguration (located in PG), which is getting a turning lane and curb and gutter. On 9220 N. in Cedar Hills the county is adding a catch basin manhole to address some of the drainage issues that exist there. There will also be some re-configuring of the intersection at SR-92. While there are some items that benefit Cedar Hills, most of the money is being spent south of the canal.

CM Zappala agrees and said this is what the residents who are meeting are concerned about. Many residents don't want the size of the road increased as it increases speed. Would rather like turn lanes, lower speed limits, and long term planning for things such as crosswalks, sidewalks so kids can walk safely on the road.

Chandler said a turning lane heading south and turning on Box Elder would be helpful as cars just stop there. Also, with a shoulder it gives more space for bicyclists.

Jeff (our public works director) said he met with the county last week. They are going to make some changes within the Cedar Hills section. The area between Bayhill and Morgan will be improved to address gutter issues. The widening of the road was based on feedback from bicyclists. It doesn't give them a bike lane but more space in the lanes. They are looking at cutting costs in some areas as they feel the current plans will exceed the funds available. He expects the 90% plans will see some cutbacks.

Discussion on Subsidizing the Bookmobile
Utah County has notified municipalities that they will no longer be funding the Bookmobile going forward. Should cities want to have the Bookmobile stop in their jurisdiction, they will need to pay a fee to the County based on the number and duration of stops desired. The following is from the County:

Total Bookmobile Checkouts: 5,277
Total Active Cardholders: 141
Cost to continue Bookmobile (two stops per month)
1.0 hours per stop = $2,808
1.5 hours per stop = $4,212
2.0 hours per stop = $5,616
2.5 hours per stop = $7,020
3.0 hours per stop = $8,424

Chandler looked at current library reimbursement program and we generally do about 300 reimbursements per year. Feels there are three options available. 1) Fund the bookmobile at some level; 2) Increase library reimbursement amounts instead of bookmobile, or 3) Do nothing. The decision was made to not continue with the bookmobile.

Discussion on Park Reservation Policies
I requested a discussion on City Park Reservation Policies, specifically a requirement to provide a $500 deposit for any event that involves large tents, vehicles, bounce houses, etc. The policy is put in place to collect for any damages that should occur as a result of the event. To date, staff is unaware of any instance where the deposit has been forfeited as a result of damage. Some suggestions from staff include 1) reduce the deposit amount, 2) allow using a credit card for the deposit, and 3) altering the agreement stating the city can seek damages, when necessary.

Direction to staff was to make it easier for residents to reserve the park. This could include reducing the deposit amount, not requiring a deposit to be made until 7 days before the event and then we just hold the check instead of cashing it, etc. This will come back for further discussion when staff has some ideas drafted.

Council Meeting - August 1, 2017

Public Comment
Jennifer Barney - She is one of the residents impacted by the Morgan Blvd PI break. Appreciates services provided to the city. This is a difficult position to be in. She's lost 1/3 of her home. Financially, she can't absorb that. She will have to take the loss in her property value. Doesn't care who is liable, just wants her home back. She's looking to the city to help with that. She has talked with an attorney and was told usually those who own the pipes take responsibility. She wants the city to be fiscally responsible, but not at her expense. Would like the Council to consider why we've chosen to serve. Is it to help people of the community? If so, she's asking for help to become whole. Would also like the Council to consider that the owners aren't asking for outrageous amounts. Aren't trying to come ahead, just want to be made whole. There is no loophole with her insurance to get this covered.

Review/Action on Resolution Recognizing Kylee Wunder as a Cedar Hills Champion
As part of the Cedar Hills Champions Program, the city would like to recognize Kylee Wunder. Thirteen year old Kylee has been a lifelong fan of soccer and has spent many years playing and enjoying the sport with her younger twin brothers, both of whom are autistic. Kylee saw the need for a soccer camp for autistic children in Utah County and reached out and gathered the support of Utah Valley University, several local businesses and volunteers to create and implement the Moving Mountains Soccer Camp for autistic children. Please see the press release on the city website for more info.

Recognition of Chief Brad Freeman

Consent Agenda
Minutes from the June 20th and June 28th meetings were approved.

City Reports
Chandler Goodwin - Flag football and tot soccer registration ends next week. Lego registration ends this week. Bayhill Park playground equipment has been delivered and installation has begun. Currently soliciting an "against" opinion for the PARC tax, as required by law.

Mayor Gygi - Next MAG meeting is Thursday.

Denise Andersen - Planning Commission met last week. Many residents showed up to give input on Oak Road parcel. PC tabled the action pending info from our attorney and so that the entire PC could participate in the discussion. Also discussed option of artificial turf for landscaping, which will continue to be a discussion item. Discussing ordinance for ground solar units.

Review/Action on on Coverage for Morgan Blvd PI Line Break
Staff reviewed the claims from the PI break with our insurance adjustor. Based on their recommendations, staff is proposing that the city cover the full cost of mitigation and partial cost of restoration. The mitigation claims total $27,555.80 and the restoration costs total $13,222.19. The funds would come from the Water & Sewer Fund. Staff indicated precedent isn't being set as each issue is being reviewed on a case by case level. They are working on an official policy for future issues, including a "good neighbor, no-fault" coverage self-funded by the city.

Mayor Gygi said the only way to approve something tonight is if all council members agree, as we only have 3 council members in attendance tonight. If it's not unanimous, it must be tabled. He feels morally the city should do something to help these residents. All residents should contact their homeowners insurance to find out what coverage they have as most don't have all the coverage they could have. One example is water that originates outside of the home, which is an additional rider that has to be purchased. Because we have maintained our pipes, our insurance won't cover these claims as they only cover in instances where the city is negligent. The city isn't legally obligated to help, but he feels we should. Agrees we should cover 100% of mitigation and 50% of restoration costs.

Staff is not making a recommendation on what percentage of restoration should be covered. In a past instance of sewer damage, 60% of restoration was covered.

CM Bailey recommended the city cover mitigation and restoration at 100%. Insurance is eager to take money but won't pay claims.

CM Andersen said she has a house that flooded with sewage and thankfully her insurance covered it. She's is sympathetic and persuaded to agree. I was persuaded as well.

Approved 3-0 to cover 100% of the mitigation and restoration costs, but not for replacement of personal property and misc costs, such as increased electricity

Discussion on Qualtrics
Staff has met with representatives from Qualtrics to discuss Cedar Hills using Qualtrics software to perform surveys. The agreement is based on the number of responses per year. The surveys could be used as a bench marking tool to help staff measure year-over-year changes to programming and city services. The agreement allows for up to 5,000 responses per year. These responses could be from a resident survey, recreation participant survey, event center rentals, or golf patron surveys. Qualtrics is known worldwide and has worked with many cities.

Chase Winder with Qualtrics presented. Surveys allow cities to receive feedback and take that info to make decisions. They are already working with several cities from throughout the State. Provo has been using for 8 years to get the pulse of their residents. Felt it allows residents who can't attend council meetings to still have a voice. Cities can do specific surveys, such as public works, parks planning, general services, etc.

Review/Action on Release of Performance Bond for Amsource Development
Amsource has requested the acceptance of the public improvements construction and the release of the construction/performance guarantee related to “Cedar Hills Retail”, except that portion to be held as the durability retainer. The requested release amount is $47,640.80. The durability retainer amount is $25,710.86. Staff has done the required inspections. This was approved.

Council Meeting - July 18, 2017

Public Comments
Dave Free - Lives on Oak Road. There is a section where the sidewalk cannot be built due to retaining walls on Sandalwood. New house just built slopes down, and on bottom is weeds and dirt. Would like to see it leveled out with some nice rocks or something to make it look nicer. Has lived here for 20 years. Doesn't mind the native look, but dislikes the weeds. Also, kids have to cross the street because sidewalk is not completed on one side. Would like to see sidewalk installed or a speed bump so kids can cross safely.

Rhett Barney - Lives on Morgan. On May 8th there was the PI break on Morgan. Sent an email to the city with info on all the damages. City told them to call a disaster cleanup group, which they did. Because sewer was involved, have gone to HOA president and homeowners insurance and both denied claims stating city should be responsible. Would like to recoup the amount of loss.

City Reports
Chandler Goodwin - Several rec programs have just finished, but are starting several more. Open registration for lego camp, flag football, soccer, and musical theater. Held several golf clinics. Promoting reduced rates during hottest summer months and teaming up with Ernie's on some additional promotions. Bayhill Park equipment to be delivered on July 24th with installing complete by end of the month. Planning Commission will hear application to move a piece of land from the public facilities zone to the residential zone on Oak Road.

CM Zappala - Resident has reached out to him regarding controlled burn permits and the smoke this activity generates. Neighbor had a permit and the smoke was so bad she couldn't open her windows or be in yard. Does Council want to make legislation on open fires such as this during the summer months? CM Bailey said he would be supportive of banning those types of fires during certain times of the year. There are regulations with the permit stating the permit holder is supposed to control the smoke, etc. Another resident concern was regarding solar energy. A neighbor installed a ground-based solar system and if it's rotated, it overlooks neighbors yard. Feels it's an eyesore and worried about property values having this large structure. Would like the Planning Commission to consider change to ordinance to allow for rooftop solar but not ground solar.

Mayor Gygi - MAG meeting again n August. Will be discussing the County's relationship with cities. LPPSD is searching for new fire chief.

Discussion on Insurance Coverage for Utilities
Darrell and Brian Child, from Olympus Insurance presented to the Council an overview of the City’s insurance policy and coverage regarding the recent Morgan Blvd PI line break. Chandler Goodwin says staff reached out to each of the affected homes and requested info on amount of damage and restoration costs. Total cost being requested for all four homes is $50,258.99.

City's current insurance coverage includes city facilities, parks, streets, utilities, and planning & zoning. Liability insurance will respond to clams that are made alleging acts of negligence. Also has a duty to defend claims that are made against the city. Negligence is a failure in a prescribed duty, such as maintaining water and sewer lines, including failure to respond to a known problem or defect. A finding of no negligence is based on historic "sovereign immunity", which is designed to protect the common assets of a community. In Jenkins vs. Jordan Valley Water Conservancy District, a water line ruptured and Utah Supreme Court held that as Jordan Valley didn't have previous knowledge of problems, they could not legally be held liable.

Some communities have adopted "good neighbor no-fault policies" to assist those who don't have personal insurance coverage that cover accidental water discharge or back-up of sewers or drains. There is no legal requirement for a city to have this, but some do to help their residents. Most homeowners insurance coverage will cover accidental water discharge, but some have restrictions on this when it only occurs when it comes from the home. Most plans only offer sewer backup insurance as an add-on to basic plans. Recommends that if we come up with good neighbor policy, it include some educational materials to residents with info on homeowners coverage and add-on options.

I believe it is a good idea to research this further. I requested we review policies from other cities of our size to understand what is covered, how much, in what instances, etc. I like the idea of having some educational materials going out as well. Having a set policy provides direction when these instances occur in our city.

Any payment made to the residents on Morgan comes out of Water & Sewer Fund. In 2012 during a sewer backup on Manila Creek which resulted from vandalism to our sewer system, the city provided some coverage to each home, but did not cover costs in full.

Mayor Gygi said there is a precedent set, but city cannot have a policy of always covering these types of instances. In the emergency management townhall for next year the city will include info on insurance coverage. Would like Olympus to adjust these claims and try to find common ground and come to compromise.

CM Geddes said homeowners can get an add-on for fairly cheap for sewer backup. Asked about Manila Creek issue on how a determination was made and Chandler will do some research on that. Agrees with having Olympus adjust these claims.

CM Bailey said it's frustrating that we all have these insurance policies and would expect these things would be covered. No insurance wants to take responsibility. Insurance can get complicated and most expect that when something happens it will get taken care of.

I agreed with Olympus adjusting the claims. I would also like to understand how we came to the numbers we did with the Manila Creek incident, and would also like to see how other cities of our size have covered this and at how much.

CM Zappala - Also frustrated with insurance situation. Likes good neighbor policy and would like us to budget for these claims.

CM Andersen - Agrees with good neighbor policy and wants info on Manila Creek resolution.

Review/Action on Ordinance Regulating Fireworks
The City Council is granted the authority, by Utah State Code, to adopt ordinances that are “necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City.” Due to the dry environment that exists on the hillside, it is necessary to prohibit certain types of fireworks that pose a threat to residences in the area. The recommendation made is an ordinance that would amend Cedar Hills City Code 5-2-3 by prohibiting the discharge of aerial fireworks in any part of Cedar Hills east of Canyon Road where the threat of fire is greatest.

I recommended instead of an ordinance that just restricts the east side of Canyon Road, we instead have our ordinance reference the map we created at the last meeting, which shows other areas in the city where aerials and non-stationary fireworks are not allowed, such as native areas on Cottonwood Drive and Oak Drive. Instead of of having to change the ordinance on an annual basis based on weather conditions and areas of the city, we can instead reference the map and change the map as needed, based on weather conditions. It then becomes an administrative issue of updating the map instead of having to call special Council meetings. Also, changing the restrictions year after year becomes confusing and hard to follow for any of us. Having consistency makes the ordinance easier to follow. There is some argument that we shouldn't have many restrictions and instead encourage personal responsibility. Statistically, only 10% of costs associated with fire damage have been recouped at the state level, so those taking responsibility for fire damage is low. Also, we have restrictions in place with the intention to protect the property and safety of those in the community. We have rules regarding parking, landscaping, fencing, chickens, large and small animals, etc. These restrictions are put in place after many hours of discussion and research and aren't arbitrarily made. Restricting aerials in areas of our community where we know the fire danger is higher is the responsible course of action to take in protecting the safety of the residents. This was approved 4-1 with CM Zappala voting nay as he would have preferred to ban aerials throughout the city.

Review/Action on Adjusting Boundary Between PG and Cedar Hills
In accordance with Utah Code both municipalities involved in a boundary adjustment are required to pass a resolution indicating the intent to boundary adjust, hold a public hearing, pass an ordinance authorizing the boundary adjustment and submit the ordinances and supporting documentation simultaneously to the Lt. Governor’s Office within 30 days of enacting the ordinance. Cedar Hills adopted Resolution No. 01-17-2017D, indicating the intent to boundary adjust the Dennis and Karla Thayne property (4087 Canyon Road, Cedar Hills, Utah), held a public hearing, and adopted Ordinance No. 03-07-2017A authorizing said boundary adjustment. Pleasant Grove City adopted their ordinance on April 18, 2017 but submitted their documentation outside of the 30-day filing period. The Lt. Governor’s Office informed them that they are unable to process the boundary adjustment because of the missing the deadline. This now requires both municipalities to adopt another ordinance authorizing the boundary adjustment and get it submitted within the 30-day filing period. This was approved 4-1 with CM Bailey voting nay.

Review/Action on Placing PARC Tax Question on November Ballot
Per Utah State Code Title 59, Chapter 12, Part 14, a CARE or PARC tax may be reauthorized at the end of the eight-year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the next step in the process to advance the proposed opinion question to the ballot. This was approved.

Review/Action on Adopting MAG Pre-Disaster Hazard Mitigation Plan
The Mountainland Association of Governments has updated their Pre-Disaster Hazard Mitigation Plan which is meant, “to fulfill federal, state, and local hazard mitigation planning responsibilities; to promote pre and post disaster mitigation measures, short/long range strategies that minimize suffering, loss of life, and damage to property resulting from hazardous or potentially hazardous conditions to which citizens and institutions within the state are exposed; and to eliminate or minimize conditions which would have an undesirable impact on our citizens, the economy, environment, and well-being of the state of Utah.” The plan being presented is an updated version of a previous plan that was adopted by Cedar Hills by Resolution 2-15-2005A. This was approved.

Discussion on Private Signs on Public Property
With Ernie’s Sports Deli taking over the grill space, discussions have been had about how to best advertise for whoever the tenant is. Currently, City Code regulates commercial signage in 10-5-26 (D). Staff is seeking City Council input to take to the Planning Commission in order to begin to possibly draft code. Additionally, any amendment would need to be reviewed by the city attorney for legal issues. According to our city attorney, allowing private signs on public property can become a first amendment issue. He will provide a legal analysis of this issue for further discussion.