Tuesday, December 3, 2013

Council Meeting - December 3, 2013

Work Session

Discussion on Special Service Agreements
Cedar Hills is a member of North Pointe Solid Waste, Timpanogos special service district, Utah Valley Dispatch, and North Utah County Animal Shelter. We are a member of Lone Peak Public Safety. There are other associations or interlocal agreements that require fees, such as the Utah League of Cities and Towns. Special service districts can levy taxes, issue bonds, as well as many other things. They are all governed by State statute. Each can have an administrative board and we have either Council Members or staff who serve on these boards. Special service districts can apply new rules but has to be approved by the County. All regulations are found in State Code Title 17B.

Council Meeting

Public Comment
Nobody signed up.

Review/Action on Resolution Recognizing Valerie Scott
As part of the Cedar Hills Champions Program, the city would like to recognize Valerie Scott. Valerie Scott was diagnosed with Stage IV lung cancer in 2012. She was determined to outlive her prognosis and has exceeded her initial prognosis by six months. Valerie’s goal has been to bring more awareness to lung cancer unrelated to smoking and she has reached out to many businesses and schools asking for help to raise awareness. Valerie is encouraging insurance companies to pay for early screenings as early detection can significantly improve outcomes. A press release was issued and is available on the city website. This was unanimously approved.

Update on Siemens Presentation
This is a follow up to the first presentation made by Siemens. Mark Cram has taken the past two years of utility bills and calculated the costs associated with street lighting and secondary water pumping and wells. As a City we currently consume far too much water than we should; as we look to find ways to curb usage, Siemens would like to present an option of secondary water metering as a way to reduce pumping costs and secondary water usage. Currently, the City is exploring ways to educate the public on water consumption by forming a committee to explore the issue as it relates to Cedar Hills. As part of this consideration, the Siemens proposal allows for the City to install the necessary infrastructure and finance that through the savings related to lower usage on our secondary water system.

Siemens guarantees a reduction in energy and associated expenses as well as an overall financial savings. Once construction is complete and the City is realizing savings, then we would begin to pay back the lending institution used to for construction. A bond is not required. It usually takes around 15 years for a full payback. If the City does not recognize a savings then Siemens will pay it back. This has only happened for Siemens 0.04% of all projects they've done. According to State statute, the savings realized must exceed costs. (Title 11 Chapter 44). An illustration showing this:


                                                                                                                                                                                                                                                                                                                                        The potential for Cedar Hills is a PI metering system, city-wide street lighting, and PI water to all parks. As far as street lighting, currently Cedar Hills owns 290 of the city street lights and Rocky Mountain Power owns 152. Updated lights would be better technology that provides better light pollution, cheaper costs, and better warranties. The projected savings for PI water is 233,000 gallons of water. We average 309,000 gallons per connection and should only be using 76,000 gallons per connection. This usage does not include the golf course. Responsible PI users should not see an increase in PI water bill, but it will encourage those who are over-utilizing to reduce consumption. There is also the potential to save on costs of pumping PI water as we should be utilizing less, therefore putting less stress on the pumping system. The next step if we want to go forward is to perform an investment grade audit. The City would be responsible for the cost of the audit only if the City decided to not move forward with a project after the audit was complete. The City needs to determine what, if any, of these projects we are interested in pursuing with Siemens. There will be further discussion at a later time.

Consent Agenda
Minutes for the November 14, 2013 joint City Council and Planning Commission work session and the November 19, 2013 City Council meeting were unanimously approved.

Appointment of Lynn Corbett to the Parks, Trails, Beautification and Recreation Committee
Lynn Corbett has met with Boyd Wilkins, the Committee Chair, and discussed the scope of the Beautification, Recreation, Parks and Trails Committee. Lynn Corbett is willing to be an active member of the committee. The appointment will be made by Mayor Gygi.

City Reports
David Bunker - In January we will swear in new city council members. Today is the last meeting for this year.

CM Zappala - North Utah County Animal Shelter met. Facilities are being run very well. Having difficulty filling part-time spots. Looking at expanding use of social media to help with adoptions. Looking to do more community outreach.

CM Jackman - Finance Committee met to discussed proposed budget amendments and will soon start discussing the next budget year.

Mayor Gygi - On behalf of CM Martinez, YCC met today to work on Santa's Workshop. Dec 11th is the Polar Express reading at the Community Recreation Center. Family Festival for next year is June 24th-29th. Vista Room is booked every day this month except this Friday. City Santa Party is December 9th from 6-8pm.

CM Rees - One press release issued for Valerie Scott Day. We issued our November City Connections video, which focused on snow plowing, street parking in winter, and school zone. PTRB committee has planned the Santa party where there will be crafts, cocoa, candy canes, Santa, and photos. This is a free event for Cedar Hills families.

CM Augustus - Planning Commission will be meeting later this month.

Review/Action on the 2013 Fiscal Year Audit
Review of the annual financial report and the related audit results. 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 City received an unqualified opinion, or clean opinion.

The audit is available online at http://www.cedarhills.org/sites/default/files/2013-financial-statements.pdf. Pages 13-22 are a great summary of everything that happened in FY2013. The government changed code regarding the amount of unrestricted funds we can have in excess of the total budget amount. It used to be 18% but is now 25% and we were close to 22%. A significant change was our net position. For FY 2012 it was ($685,300) and in FY2013 moved to positive $217,200. The audit was unanimously approved.

Review/Action on FY 2014 Budget Amendments
The finance team is proposing a new Golf Special Revenue Fund 20 and a new Golf Debt Service Fund 30, which would close the Golf Enterprise fund 75 and require the following changes: Green Fees would need to be committed to the new Golf special revenue fund. (See GASB Statement 54, paragraph 30, “Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. The term proceeds of specific revenue sources establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund.”) The old Golf fund would close out its balance sheet amounts, and financial balances/transactions would be allocated to Fund 20 Golf and Fund 30 Golf Debt Service starting July 1, 2013.

This would change the fund so it's no longer an enterprise fund. One of the issues with an enterprise fund is that looking at inflows and outflows can be tricky for those of us who are not accountants as the data isn't all in one statement. Converting it into a revenue fund would be more cash-oriented and would show revenues of the fund and also a clearer picture of the debt service. This becomes more transparent for residents and will give a very clear picture of the actual cash going in and out of the golf course.

The finance team is also proposing some budget amendments for capital maintenance and improvements. These are as follows:
·         Moving $24,000 from line 10-36-802 (fund balance) to line 10-62-470 (sidewalk maintenance). When a developer builds in our city they are required to give a sort of deposit that is refunded if there are no issues with the development that need to be repaired. In some instances, the developer may choose to forfeit the deposit if they feel the repairs would be more expensive than the deposit. Because of forfeitures we have $24,000 in that fund for sidewalks. The recommendation is to transfer the entire forfeited amount to our sidewalk maintenance fund to be used next spring.
·         Moving $12,900 from Capital Projects to the Golf Fund. We currently have some netting on the driving range that is damaged and needs to be repaired. This amount was the lowest bid received for the necessary repairs.
·         Moving $40,000 from Capital Projects to line 40-80-816 for the Mesquite Park restroom. We originally budgeted about $25,000 for this project as we were anticipating receiving some County and State grants. We did receive a County grant in the amount of $11,000 but did not receive any State grants. We received three bids and the lowest was $75,000. This $40,000 amendment will cover the additional funds needed.
·         Moving $80,000 from the Capital Projects fund to the General Fund for Avanyu improvements. Earlier this year we settled a lawsuit on behalf of residents who live in the Avanyu HOA and the City was awarded $90,000 for improvements needed for that area. The city has already expended $10,000 in repairs prior to the lawsuit being settled so that $10,000 will be reimbursed to the City. The remaining $80,000 will be used for the identified Avanyu improvements needed.

This was unanimously approved.

Review/Action on North Pointe Solid Waste Interlocal Agreement
The North Pointe Solid Waste District acting as administrator of the solid waste special service district of Utah County has prepared the proposed Interlocal agreement. Some key points include the following:
·         The initial term shall commence immediately through a term to December 31, 2019.
·         Twelve 2-year terms will automatically renew the agreement following the initial term.
·         A 13-month notice is required to withdraw from the District.
·         Upon withdrawal, cities would forfeit any interest and pay additional fees to dispose of waste. A fee will be assessed to rejoin the District at a later date.
It is also important to note that the contract REQUIRES the city commit its entire waste stream regardless of our contracted hauler. This may limit some haulers from giving the city a competitive bid in the future.

The County has had a lot of input on this agreement. North Pointe would like all cities to pass this in December and it would start in January. It would coincide with contract with Allied Waste in transporting waste from North Pointe. No waste stays at North Pointe, it is all transferred. This agreement would end December 31, 2019 with automatic renewal terms. If an entity wants to leave they would have to give 13 month notice because North Pointe is on a different fiscal year than cities. If a city leaves, all money that is paid to the district over the years is completely lost, in lieu of the originally proposed fine to leave. Any contract with a hauling company (right now we use Waste Management) would have to require that all dumping goes to North Pointe, not any other dumping station or landfill.

I would like to see an analysis done showing how much it would cost to utilize either our current hauling company or a different one to do a direct haul, bypassing North Pointe, before we agree to this contract. Alpine has left North Pointe and gone with Ace as their hauling company and are saving approximately $35,000 per year. This contract locks us down in many areas and it would be good to first see if we can save money by leaving North Pointe.

North Pointe has stated if any city is unwilling to sign the agreement then they will go to the County to reorganize the special service district and exclude those cities from having a seat on the board. They are also planning on some major restructuring in the near future that may require a bond, which would raise costs for our residents.

This item has been tabled so staff can put together an analysis of costs or savings by leaving North Pointe.

Review/Action setting time and place for 2014 City Council meetings
In accordance with UCA 10-3-502, the city is required to set by ordinance the time and place for holding its regular City Council meetings. This item will be tabled until the first meeting on January 7th as we may move the meetings to a different night of the week.

Review/Action on amending ordinance relating to portable utility sheds
Planning Commission has reviewed the ordinance regarding sheds. Currently we have codes regarding sheds that are considered Portable, meaning they are under 120 square feet, they can be built in a setback and can be easily moved. Sheds over 200 square feet are considered accessory buildings as they need footings, inspections and permits. However, our code does not address sheds from 120’-200’ SF. The proposed changes include the following:

Portable Utility Sheds:
·         No portion of the shed’s structure is permitted to cross the property line or to drain onto a neighboring property.
·         Where the property is located on a corner lot, the portable  utility shed may be located within the optional enclosure area.
·         Portable sheds will be limited to 120 sq ft floor area, maximum eave height of 10’ from the finished floor surface to the bottom edge of the main roof eave, a roof pitch not to exceed 8/12, and will not have a traditional type footing or foundation and will be built upon a hard surface.

Utility Shed:
·         No portion of the shed’s structure is permitted to cross the property line or to drain onto a neighboring property.
·         Utility sheds may be located on the rear or side lot area, no shed over 120 sq ft may be built in a setback area.
·         Utility sheds will be limited to 200 sq ft floor area, maximum eave height of 10’ from the finished floor surface to the bottom edge of the main roof eave, a roof pitch not to exceed 8/12, and will not have a traditional type footing or foundation and will be built upon a hard surface.

Because CM Augustus is in the process of building a shed he recused himself from this vote. There was no longer a quorum available to vote so this item was tabled to the next Council meeting.

Review/Action to amend ordinance updating job titles
Staff recommends the council approve the proposed ordinance amending Title 1, Chapter 6, changing the text to provide for appointment of appointed officers pursuant to state code provisions, and updating descriptions of office created. These updated titles include finance director, public works director/chief building official, assistant city manager/city planner/zoning administrator, and city manager/city engineer/city treasurer. Also, the code would change that the Council would only need to reappoint the city recorder and treasurer every other year instead of all executive staff.

Because this has not yet been reviewed by the City Attorney is was tabled pending his review.

Review/Action on Golf Course Driving Range Fencing Repair
Staff recommends approval of funds to be moved from the Capital Improvement Plan to fund repairing and fixing of the existing fence. Staff recommends option 5 to replace the entire netting as we have already reached our life expectancy of the original netting. We have additional areas that are starting show signs of tearing currently so as to prevent addressing this again shortly we would recommend taking care of all the netting at the same time.

Five options were presented:
1.      Replace the 4 sections that are damaged. The cost is $12,900.
2.      Replace and install 5 new wood 95’ poles. These would be taller than our existing poles and would include the new netting. Our existing poles are currently at the end of their life expectancy. The cost is $84,000.
3.      Install all new wood poles at 95’ (17 total) with new netting. The cost is $160,000.
4.      Install all new steel poles at 95’ (17 total) with new netting. Wood poles average 10 years while steel poles have a life expectancy of 30-50 years. Cost would be $204,000.
5.      Replace all netting but not any poles. Cost is $17,800.

After discussion we determined it made the most sense to only replace the netting and have a discussion about replacing poles in the next budget year so we can budget for it after looking at all Capital Improvements on the list. The Council unanimously agreed to go with Option 5 on the condition that if we decided to get new poles next year we could keep and use the new netting and only pay for the extensions that would be needed. If not, we will go with Option #1.

Review/Action on Creation of Water Conservation Citizens Advisory Committee
Due to the water conditions and outlook for ongoing demand of resources of the City’s pressurized irrigation system, Mayor Gygi has proposed to create an Ad Hoc Water Conservation Citizens Advisory Committee. The committee is proposed to be comprised of residents of Cedar Hills with particular interest or background in water conservation, city leaders, and city staff as appointed by Mayor Gygi. This was unanimously approved and Mayor Gygi will bring committee member recommendations to the Council next year.

Discussion on Decisions Survey

As the City prepares to complete the Decisions 2014 Survey, staff has asked the council to review and update the survey questionnaire. The most recent Decisions Survey was completed in 2011. Many of the questions were geared toward the completion of a recreation center or projects that may be complete or not in the Capital Improvement Plan (CFP) at this time. All Council Members will go through the survey and weigh in on what questions should be included in the upcoming survey.

Tuesday, November 19, 2013

City Council Meeting - November 19, 2013


Work Session

Discussion on Class B&C Road Funds
Started in 1937 in Utah. Based on population and weighted road. Take 30% of gas tax and distribute to cities for road expenditures (UDOT gets 70%). This includes construction, maintenance, equipment that is used to maintain roads, sidewalks, curb and gutter. Class B is a County road and Class C is a City road. There is no time limit on when these funds must be spent. We have currently expended all road funds to date. We allocate approximately $250,000 per year on roads and we receive approximately $272,000 in class B&C road funds. Based upon analysis done, we make sure our roads are on a consistent maintenance schedule. We receive a payment every two months from the State and these funds cover our improvement schedule for this year. Keeping up on surface treatments is essential for longevity. Our software will be updated to provide an updated plan for maintenance and replacement of roads so we can be sure we maintain enough funds to cover these, as needed. This will be started this winter and should be done by the end of next summer.

We continue to face issues with Canyon Road. UDOT wants to deed it to Cedar Hills and PG; however, the amount of money we would receive to maintain it would be considerably less than it would cost for us to actually maintain it. Mayor Gygi has reached out to a lobbyist to get information on helping with this effort as the City wants UDOT to fix and maintain the road but UDOT states there are not funds to fix it.

Discussion on History of 9900 North
In 1997 the Apple Blossom subdivision was created and the Council at the time required an additional street to that subdivision and the street had to be dedicated to Cedar Hills. Cedar Hills owns the right of way for that road. The developer was required to create a two-way street but wasn't required to put in curb and gutter. When Cedar Hills purchased the nine acres in the commercial area, that entire area including 9900 North was boundary adjusted into Cedar Hills. In 2002, Warinski Funeral home and AF houses in that area were built. The original developer of 9900 North held ownership of two feet of both sides of the street and wouldn't let AF have streets that exited onto 9900 North. The AF contractor had to work with developer to get access. As we look at developing our commercial area we will need to understand and address traffic concerns on 9900 North, but there has been misconception as to who owns the road.

Council Meeting

Public Comment
Nobody signed up.

Consent Agenda
Minutes from the October 15, 2013 City Council meeting were unanimously approved.

City Reports
David Bunker - no report.

CM Zappala - Utah Valley Dispatch met to review a study regarding staffing, technology, and space needs. They are now looking at possible sites for a new center. They want to meet with Mayors and  Councils of all member cities to see if they have any support as it would need to go to a vote of the residents for funding.

CM Rees - One press release issued for Family Week. Family Santa event will be December 9th. This is a free event for families, Santa will be there, and there will be hot chocolate and candy canes.

Mayor Gygi - Speaking with Utah League of Cities and Towns lobbyist regarding any issues that need to be addressed in the legislative sessions.

CM Augustus - Planning Commission met for joint meeting, which was in my last update. North Pointe continues to work on a potential agreement for cities to sign in order to be member cities so Trent will send the draft agreement to the Council for review.

CM Martinez - YCC met today. Working on Santa's workshop and need help with advertising. Jr. Jazz also happening now.

CM Jackman - LPPSD met. Budget season will start soon.

Review/Action on Canvass of Election Returns for the 2013 General Election
The Council will add to the total number of votes the valid provisional and absentee ballots, which were opened tonight. 17 valid provisional ballots were received, and one valid absentee ballot was received. The Mayoral seat goes to Gary Gygi, the 4-year Council terms go to Daniel Zappala and Rob Crawley, and the 2-year Council term goes to Mike Geddes. Final numbers were Crosby 397, Gygi 1122, Crawley 721, Martinez 650, Zappala 840, Bradley 691, Cox 469, Geddes 975, For prop #4 631, Against prop #4 900.

Review/Action on Resolution Adopting the Sewer Management Plan
Every five years, the City is required to submit a Sewer Management Plan as part of an overall Utah
Sanitary Sewer Management Program General Permit which is obtained by the Utah Division of
Environmental Quality. Public Works Director Jeff Maag has completed the report and presented to the Council. The City provides sewage collection and maintenance of all of the existing sanitary sewer lines within the city. Wastewater treatment is provided through the Timpanogos Special Service District (TSSD) in conjunction with other communities in the northern portion of Utah County. The Sewer System Management Plan (SSMP) has been established to provide a plan and schedule to properly manage, operate, and maintain all parts of the sewer collection system to reduce and prevent sanitary sewer overflows (SSOs), as well as minimize impacts of any SSOs that may occur. This resolution was unanimously approved.

Review/Action on Authorizing Mayor to Sign Interlocal Agreement with American Fork and Highland to Utilize American Fork Canyon Debris Basin
This had been previously approved by the Council; however, minor changes were requested Highland City to the interlocal agreement. The changes were minor and mainly grammatical. In order to have a congruent version of the agreement, it is requested that The City of Cedar Hills approve the amended agreement. All of the parameters for operations and maintenance of the flood control basin remain the same. The cities of American Fork, Highland and Cedar Hills jointly own and operate the American Fork
Canyon Debris Basin for the purpose of flood control and ground water replenishment. The members
of the debris basin management administrative board have drafted an interlocal cooperation agreement to be presented for each entity to approve. The interlocal agreement defines the specific provisions for operations and maintenance of the flood control basin. This was unanimously approved.

Review/Action on Pricing Structure for Resident Use of the Vista Room/Recreation Center
The staff presented a pricing structure to the Mayor/Council for resident rates for golf in September.
They were then tasked with creating a discounted pricing structure for the use of the Vista Room for residents. Staff recommends that the proposed pricing structure be approved so they can begin implementing and encouraging residents to use the center for their wedding/event needs. Staff can typically fill the weekend rentals, so want to continue to be able to capture those full-price revenue opportunities as much as possible. They propose that we offer Cedar Hills residents 10% off any day of the week for the Vista Room. They also propose to offer residents the facility at cost if they want to book within 30 days of their event. The suggested discount for residents is more than 30 days out is 10% off the regular rate (ranging from $1400-$1600) and the cost rate if within 30 days would be $850 for a weekend or $550 for a weekday.  The "cost" amount includes utilities, training, advertising, basic maintenance, etc. that comes out of that budget line item.
I would like to see a substantial discount for residents and not limit it to within 30 days. This facility was purchased with recreation impact fees and continues to be maintained with tax dollars, so in essence, our residents are already paying for it. Out of curiosity, I contacted AF Rec Center, Lindon Community Center, and PG Rec and Community Center to find out what they charge. It ranged from $35-$50 an hour. I realize ours is a nicer facility, but if it’s first and foremost a Community Center then our pricing structure should align with what other Community Centers charge. I also recognize the need for revenue to come into the City so I feel a fair compromise would be to offer residents the at cost pricing Sunday – Thursday with the option to book it up to 6 months in advance. My goal is to get more community and resident events at the Community Recreation Center so it’s utilized more by Cedar Hills residents. I’d also like to see more community events held there, such as Christmas choirs, talent shows, etc. so that it continues to become more of a community center.

The final adoption made was that residents can get the resident rate if they book within 45 days. We will continue this discussion with the new council and determine what the priorities for this building should be.

Review/Action on Golf Course Driving Range Fencing Repair
We have had some issues with the driving range fence at the golf course with regards to a home being hit by golf balls. We have now had some extensive damage from a wind storm to the fence. We have lost 3 sections of the netting on the west side of the driving range and need to get this replaced as soon as possible. We have contacted a company that specializes in driving range fencing and installation. Their estimate is $16,000 to replace the damaged netting and to tighten up the rest of the fencing, however we won’t know for sure until they access it. We are currently on their schedule to come out and fix the net and have asked for it as soon as feasible. Staff recommends approval of funds to be moved from the Capital Improvement Plan to fund repairing and fixing of the existing fence and netting. Item has been continued so staff can get additional information on cost of raising height of fencing 2 feet.

Review/Action on Opt-Out of Social Security
This was previously discussed in July and September. The City of Cedar Hills has never signed a 218 agreement with the Internal Revenue Service; as such the City has not opted into the Social Security program although it currently pays into Social Security for all full-time and part-time employees. Because the City participates in the Utah Retirement Systems retirement plan, the full-time employees participate in a qualified retirement plan, enabling Cedar Hills to not opt into Social Security. Staff conducted an informal poll of the full-time employees after discussing the options with them, and the results were 18-4, in favor of not opting into Social Security. In anticipation of this decision, full-time employees have met with a representative from URS, and have been informed of their options on saving for retirement. These plans included 401(K), 457, and a Roth IRA. Additionally, a life insurance benefit has been set up to replace the death benefit that will be forfeited by opting out of Social Security. This life insurance benefit will be funded by the employer’s portion, with the remainder going to a 457 match being managed by URS. After discussion with staff and the Council, staff recommends that the City Council not enter into a 218 Agreement with the Social Security Administration. Unanimously approved.

Tuesday, November 12, 2013

Joint City Council & Planning Commission Meeting - November 12, 2013


Joint City Council and Planning Commission Meeting on Commercial Development

Cory with Blu Line Design started the discussion. He gave a description of what has been presented to the Council and the Planning Commission. The living facility was rotated after receiving feedback from residents who live near the commercial area. Also added a walking path around the property for use by all residents, which would include exercise stations. He showed comparisons of height of building with others in the city, including the townhomes, WalMart, Harts, and the dentist office. Showed pictures of existing facility that is similar to what Blu Line is proposing. Went through the comments from the public hearing and biggest concern was the height of the building. Wanted to show how far away it is from homes in the area, hoping that mitigates some of the concern.

David Driggs would like to see business plan for commercial development. Has asked for clarification on how the developer will handle this, but is still waiting. Wants to know if any further information is available on this. Today some of the Planning Commissioners and Council Member/Mayor went to see an existing facility to get an idea for what they look like and what commercial area would look like. Mr. Driggs asked what the incentive is for the developer to continue to develop the entire area, not just the living center. Blu Line stated that they keep ownership of the living center and are buying all of the commercial area owned by the Smarts, so they are very anxious to fully develop that land. Worked with Chandler Goodwin to determine how to create a retail presence in the back of the area that isn't directly on the street.

CM Zappala stated that pictures are easily manipulated and would like numbers showing exactly how tall each building is that is shown in their presentation. That information was not available tonight.

CM Martinez asked about the enforcement of the 55+ requirement for the living center. Doug with Blu Line stated that federal law requires an 80/20 split, saying 80% does have to be 55 or older. Won't lease out to children, but would handle those who are 55 but have a spouse who is under 55. No children under the age of 19 can live at the facility. Ownership is maintained by owner of facility and background check is done on every individual who wants to live there.

Chandler Goodwin (Assistant City Manager) gave a summary on design guidelines for commercial area (SC1 commercial zone). It is not City code but a design guideline. Gives the City Council and Planning Commission latitude in design of this area. In the area under discussion, there is a maximum height of 50 feet of occupied space, with unoccupied space as determined by City Council.

CM Zappala brought conditional uses allowed in design guidelines. Assisted living center is permitted, but residential is only permitted if 50% at most is residential. According to guidelines, residential units are supposed to be incidental to retail. Chandler stated that guidelines are put together to give Council and Commission latitude with regards to commercial area. If it was in code then we would have to allow any development that meets our code. On residential vs. assisted living argument, it's not clear in guidelines. While this facility doesn't meet assisted living like Charleston, it also doesn't meet residential like an apartment complex. There are amenities provided in the facility that wouldn't be provided in a regular apartment complex. This is where Council and Commission have latitude to decide what the facility is.

Mr. Driggs suggested maybe retail be removed completely from the living center so that the height of the building could be lowered. CM Jackman is also concerned about 300 units. Once this area is developed, our commercial area is complete and we have no other commercial to develop. Also is concerned about the rest of the area being developed, and the City getting stuck with the residential and no guarantee on the retail being finished. Part of the intent of the design guidelines is so that everything has a similar look and feel. The proposed commercial development mostly meets this, but residential area doesn't blend well. It sticks out and is taller than everything around it.

I asked if they would be willing to do a two or three story building after hearing concerns of our residents. Doug stated they don't have any smaller than four story and need certain number of units to make it work for them.

CM Zappala is also concerned about having enough parking for those who live in the living center. He feels theater is a good move because it brings in more interest from higher scale restaurants and retail.

CM Martinez asked if some could be underground, but Doug stated for ADA compliance it cannot happen because it creates half windows for those below. Could possibly have a basement for amenities, such as library, chapel, etc.

Mayor Gygi stated he has a home in that area. He has talked with neighbors and most like the development but are concerned about the height of the living center. They can accept the idea of a three story building and fewer units, closer to 150-200 units.

Mr. Driggs asked if we removed retail from main floor, how many units can be added so as to reduce height of building. Doug felt maybe 12, depending on if they are one or two bedrooms. Chairman Dodge feels most of the retail that would be on the first floor wouldn't appeal to most residents anyway, so this could reduce height of the building. Mr. Driggs asked what is the incentive to the developer to remain in the game. Doug said he understands concern as most of their other facilities aren't so close to residential  homes. He is concerned that with the area the living center is located that it won't be seen from the main road if it is smaller. Feels it needs to be at least a four story building to make it work. The feel he gets today will determine how he proceeds with the Smart family and the purchase of the property. Cedar Hills has been a great community to work with, but realistically, he is confident if we did a four story building it would reduce numbers to 275. Doesn't like going under 300 but needs it to be at least 275 units. Feels it wouldn't be too much taller than the existing retail buildings.

Chairman Dodge stated all other concerns have been addressed, the only remaining issue is the height of the building. He went on tour today of existing buildings this developer has created and he was impressed with how they look and what it's done for those communities. Exterior of the building looked nice. He likes the idea of a senior center but not a five story building. He thinks it could be three story on wings and four stories in the middle in order to meet the criteria, and would be acceptable to those in the cities. He would like to see new slides showing parking, new size, what it means to be a five star center, etc that gives more specifics.

Mr. Johnson brought to the attention of all here that there is no application yet before the City. Doug has asked for public feedback so he can know how to proceed, but Mr. Johnson stated that until an application is made to the City, he doesn't have to use any of the feedback on how he proceeds.

CM Zappala asked about difference of three star and five star. Doug stated differences are three story has no sense of retail, no grand entrances, different hallways and units. Five star has more of these nicer look and feel. The way it's decorated and the amenities provided are step above three star facilities.

Mr. Dodge's primarily concerned with those who live near the area. He feels four stories to the east and north are fine, but as moving south towards the existing homes it is too tall. Suggested stepping the buildings down the closer they get to the homes so three stories on the areas nearer to the homes on the south.

CM Augustus stated that these units could be spread up and take up more of the commercial area, but then we reduce the amount of retail space available, which is why it made sense to move up in height. He feels we've been good at getting feedback and asking for changes so it makes sense for the city. Height is an issue. Maybe we could look at pushing some of the amenities into a basement, doing three stories on outer wings, and four stories on building closest to Walmart, and open up terraces and green space.

Mr. Steele stated that we have made Blu Line make several changes. Feels it would be unwise to fill in courtyards with additional units as it affects the look and reduces inviting feel of green areas. Feels residents are more concerned with type of retail that will be available. Retail needs to be priority. Wants to see phasing of retail areas. Doesn't want to make mistakes that were made in Pleasant Grove, where retail was planned but never built.

Mayor Gygi stated whatever is built there, traffic is going to increase an affect those who live in that area. He appreciates Blu Line being here. CM Zappala stated main concern with traffic is street right to the south (9900), so as we get further along we need to figure out how to mitigate concern for those residents, such as requiring right turn only on that street.

Meeting was adjourned.

Thursday, October 24, 2013

Meet the Candidates

DISCLAIMER: I am not a very good camera person. I apologize for the periodic bouncing of the camera.

Candidate Introductions: http://www.youtube.com/watch?v=ilRdMDorIw0&feature=youtu.be

Q1 for Mayor candidates - What is the present debt level and how should it be reduced? http://www.youtube.com/watch?v=fNkYDUCsC_U&feature=youtu.be

Q2 for CC candidates - Would you vote to approve a 5-story high density building in Cedar Hills? http://www.youtube.com/watch?v=Ji3TQP3tF7c&feature=youtu.be

Q3 Part 1 - What are your views of the golf course and golf course debt? http://www.youtube.com/watch?v=NFZ0JJ5Xjek&feature=youtu.be

Q3 Part 2 - http://www.youtube.com/watch?v=7inEKvUdkqQ&feature=youtu.be

Q4 Part 1 - What do you see as identifying characteristics of Cedar Hills? http://www.youtube.com/watch?v=vypa2gGgieU&feature=youtu.be

Q4 Part 2 - http://www.youtube.com/watch?v=c61XQ5OAiyA&feature=youtu.be

Q5 - What is the proper role of local government? http://www.youtube.com/watch?v=AQT0dTdbubo&feature=youtu.be

Q6 - What is the proper role of the City Council? http://www.youtube.com/watch?v=zp60Vv43H0g&feature=youtu.be

Q7 - What is your position on spending more than $400,000 for capital projects? http://www.youtube.com/watch?v=LITp_zpuTtE&feature=youtu.be

Closing Statements Part 1: http://www.youtube.com/watch?v=u8fL2crnnCA&feature=youtu.be

Closing Statements Part 2: http://www.youtube.com/watch?v=UvAY1K1qIsg&feature=youtu.be

Tuesday, October 15, 2013

City Council Meeting - October 15, 2013


October 15, 2013

Work Session

Discussing Utah Leagues of Cities and Towns trainings.

Mayor Gygi - Attended tourism meeting. Meeting with County on ways to make AF Canyon accessibility better and safer as population in North Utah County continues to expand. Tourism dollars are available for cities who may be able to draw people to their areas so he will look into that. Attended a meeting on healthcare and how implementing Obamacare will impact cities. At some point we need to make sure that we are implementing in the most efficient and cost-effective way.

CM Martinez - Spring conference focused on communication. One class was on mediation and how to find middle ground. Talked about guidelines for handling conflict creatively and constructively. Another class focused on personality tests and how it helps you work with other people. This was implemented with YCC to get to know each other better and helped them to form groups. Another class in the fall was called Unplugged. Magazine went out to all residents and kids can earn tags for doing certain activities within the community. Encourages kids to get  out and do things outside during the summer months. Went to a class about safety in parks and  trails.

CM Augustus - Key points he took out of it was communication, conflict management, and how we work together. Would like to find a copy of the personality assessments to provide to the rest of the Council. Went to a class on time management. Two things that stood out are get a watch for effective time management. One employer said he would only hire people who wore a watch. Second item was that we all need to be like children and try to get as much as we can out of each day. Communication of staff should be fact based and not biased. Talked about ways Council Members can vote. Having a silent vote can help prevent bias. We should have copy of Council procedures at every meeting. Being curious, active, and engaged is one of the most powerful things we own. Went to a class that talked about random acts of kindness where members of communities do kind things for each other.

CM Rees - My notes from the conference:

Parks and Recreation
Find other resources of revenue, such as donations or bartering with other cities.
Provide programs of human service, beyond traditional activities.
Act as a community organizer in matching community resources to citizen need.
Plan activities with the community and local businesses, not just city staff.
Evaluate services in terms of financial outcomes and require financial accountability.
Create senior citizen programs.
Include activities such as flu shot clinics, walking groups, 5k runs, bike safety clinics, money mgmt classes, health fairs to increase health of community.
Create achievement awards and give to local schools and pediatricians to hand out to kids – award is for free rec class.
Have a Recreation Citizen Advisory Committee to help meet these goals and to work on applying for grants.
Have online ability for park and event registrations.
Need more free-range kids, not so many organized activities. Communities should be working on walkable areas and green space so kids can go outside and play.

Communication
Send press releases on Friday for weekend release as many media outlets are looking for filler stories.
Ask people to like and share Facebook posts.
Social media is your voice and must always be professional.
Relationships on social media are key.
Don’t ignore those talking to you
Don’t be a mannequin and give cookie cutter answers
Make it knowledgeable and friendly
Transparency isn’t a nice to have, it’s expected.

David Church
Consensus is not always a virtue. Compromise generally means some are giving up on their principles. This doesn’t lead to good working relationships.
Being elected doesn’t guarantee you get your way, just that you get your say.
Let wounds heal, don’t keep picking at past issues.
Do things, not just plan to do things. It isn’t an accomplishment to plan to do things.
Make people more aware of the powers and duties that Mayor & Council have so potential candidates know their parameters and don’t expect to have more power or influence than they should.
Accept the limitations of your position.
Don’t try a coups as a council member.
Mayors:
Elected to implement the direction of the Council
More administrative in nature
Need to improve public meetings
They are too long
They are too unfocused
Rules of order aren’t being followed
Mayors aren’t appropriately chairing meetings
Make sure everyone at the table respects each other and the public
Enforce the rules
Don’t argue with the public
Put time limits on discussions. Arguing for extended periods of time only causes frustration and rarely changes the final outcome of the vote
Mayor/Chair needs to determine when discussion needs to end and ask for a vote. If it’s not going to pass, it’s not going to pass.
Dress the part at all city events. Residents aren’t going to take the Council seriously if the Council doesn’t act and dress like it’s serious.
Don’t try to filibuster. No good comes of it.
All elected officials and everyone who runs for public office deserve respect. It’s not easy to run or be an elected official.
Take a different view of the public. Don’t expect them to know what you know. They don’t get the data that the Council gets. Don’t fight or be rude. Work to inform, not to confront.

CM Zappala - Went to Mark Fenton's class and talked about making communities livable. Need to help people have ways to bike and walk to nearby locations instead of driving. Need to put in place planning standards for the area. Instead of focusing on the look of the building (colonial, brick, etc.) focus on layout of area. Have trees, bike racks, walking spaces, awnings, make it more comfortable to be a walkable area. Be proactive with developers on what we expect before the developers start the planning process. There are websites that are rating communities on walkability and it's having an impact on property values. Recommended bike and pedestrian advisory committee. Make sure all trails connect. Do a walk audit to identify walking challenges for your community. We could have some biking challenges in our areas.

David Bunker - Need to revamp website every 3-5 years to keep people engaged. Be consistent on social media. We need to be better at telling stories. Went to class on conflict management.

Chandler Goodwin - Duties for Planning Commission are in State Code, but city can give additional duties. Went to class on land use training.

Council Meeting

Public Comment
Nobody signed up for public comment.

Public Hearing Regarding Sale of Cottonwood Lots and 9 acres of Commerical Area
Nobody signed up for public hearing.

Consent Agenda
Minutes from the August 6th, August 27th, September 17th, and October 1st City Council meetings were unanimously approved.

City Reports
David Bunker - Timpanogos Special Service District has pending litigation and will start deposing board members. Tomorrow there is a commercial video shoot for the Vista Room and also for Sammy's. Sorenson Communications is doing this as a sign language commercial. Social media sites are getting a lot of activity.

CM Zappala - Attended Utah Valley Dispatch meeting regarding contract with Lone Peak Public Safety. Waiting to finalize until after receiving consultants report on study done with regards to dispatch center. Gave a talk at local developers meeting regarding writing applications for cities. It was well received and he will continue to work on that.

Mayor Gygi - Made a proposal to Utah County mayors to have meeting with Utah Valley Homebuilders Assoc regarding their excessive litigation and that will proceed. Discussing GRAMA with legislators and unintended consequences of what comes of abuse.

CM Martinez - YCC has pumpkin walk and haunted creek this month. Sammy's will offer food for sale at this event. Prince & Princess Day is in November at the Vista Room. Superhero day will be in the spring. National Family Week will be November 25th and YCC will have family games. Jr. Jazz signups happening now. Need volunteers for Lego League qualifier in January. Story time is every Wednesday in the basement of the recreation center.

CM Augustus - North Pointe was supposed to present to the Council but he hasn't heard anything yet.

Discussion on Blu Line Designs
Blu Line has meet with the Planning Commission and obtained conceptual approval of the plan for a congregate care facility located at approximately 4600 W and Cedar Hills Dr. The group has solicited feedback from the Commission, Council, staff and residents, and has implemented many of the suggestions into the current proposal. Blu Line has had further discussions with Dave Jardine (Hart’s property) as well as Amsource about the current proposal. Blu Line has requested that they have a discussion with the Council in order to update all on the progress of the project. Additionally, there will be the first public hearing with the Planning Commission on October 24, at 7:00 in the Vista Room, as Blu Line begins the preliminary approval process.

Public Hearing for this area is being advertised. Blu Line presented new concept with housing unit turned towards Cedar Hills Drive. Met with Amsource and the meeting was positive. They liked the concept and talked about having a pad in that corner instead of a strip mall. Met with Harts and they are excited about having more residents in that area. Proposal is to have a main type street going through the commercial area and behind Harts for easier access to all commercial buildings. Met with a company that works with movie theaters and had them put together proposal for helping Cedar Hills obtain these types of businesses. New plans show potential for sit down restaurants and also retail stores. Just started initiating advertising for commercial businesses to come to this area. Working with the city on an agreement regarding the purchase of city-owned commercial property. Once an agreement is made with the City they will put out to market immediately for commercial owners. Would start with the assisted living facility, then the movie theater as the theater will draw restaurants and other businesses.

Review/Action on Putting City-Owned Cottonwood Lots Up for Sale
Based on State and City code, it is proposed that the City declare the following parcels of real
property as surplus and declare its intent to dispose of said parcels: Nine (9) acres of real property located at approximately 4800 West 9950 North in the SC-1 zone and seven (7) residential building lots located at approximately 10443 – 10481 Cottonwood Drive in the R-1-11,000 zone. This allows the city to put these properties up for sale. This was unanimously approved.

Review/Action on Resolution Declaring November 25th – 29th as National Family Week
The week of the Thanksgiving holiday, November 25-29 will be recognized by a number of
organizations as National Family Week. As a show of support to this cause, the City would like to adopt a resolution recognizing this week as National Family Week. In addition, we have asked the Youth City Council to assist in providing activities for families in the City Recreation Center on Monday November 25th. Also, Sammy’s Grill has indicated they would like to offer families a special offer of 25% off at their Cedar Hills location to assist the City with its commitment to Utah’s families. Item was unanimously passed

Tuesday, October 1, 2013

City Council Meeting - October 1, 2013


Work Session

Discussion on Blu Line Design for commercial area
Have been working with Planning Commission on design. Last Thursday they presented updated plans to Planning Commission and received approval of concept plan with Planning Commission recommendations. One suggestion made by residents who live in that area was to consider rotating the senior living structure clockwise 90 degrees. Blu Line is working on this and will work with Planning Commission. Other suggestions were to add more brick to the facade, lower height, and different setback. Conceptual drawings also include a movie theater, restaurants, a splash area, and gathering places. Current elevation of the senior living center is four stories on the outer wings and five stories on the middle main portion of the building. CM Zappala would like to see some renderings showing walkways for all residents of the city so we can be sure the areas are safe and work as a walkable area. Blu Line has had several conversations with Amsource, who owns the corner lot, but so far they are not willing to sell this property. Blu Line has started to receive questions from commercial businesses who have heard of this project and are interested in locating to Cedar Hills. CM Augustus would prefer to not rotate the main building. Likes that it faces 4800 West like the other businesses in that area do.

Discussion regarding PG sewer connection on Cedar Hills line
Because this involved price negotiations the discussion occurred in executive session.

Council Meeting

Public Comment
Nobody signed up.

City Reports
Chandler Goodwin - Audit is starting next week. Results should be ready in early December. Submitting documents to GFOA as well. Working with Zions Bank on impact fee study. David is signing a letter of understanding with Siemens to have the free analysis performed.

CM Jackman - LPPSD Board met but many board members were missing so nothing detailed was discussed.

CM Martinez - YCC met today. They've done two fundraisers this past month. October 28th is the pumpkin walk and haunted creek. Cost is 25 cents for each activity. Bake sale and hot chocolate will also be available for 25 cents. Princess Days is coming up soon. Superhero day will be in the spring. Celebrating Family week in November, the week of Thanksgiving. Parks and Trails Committee met and talked about adopt a trail program and lighting up the roundabout during Christmas.

CM Augustus - North Point had a meeting and was unhappy that we are against the buy-in and long term contract. Attorney for North Point and District Manager want to meet with us during a work session to discuss this item. Trent encouraged them to work with David on this.

Mayor Gygi - Planning Commission met. 12 or so residents that live near the commercial area were there and gave their feedback and concerns. Planning Commission did grant a conceptual approval.

CM Rees - City Connection for September went out and we received good feedback. Will work with Daniel on October video.

CM Zappala - Doing next City Connection video on budget application. Meeting with local development group to pitch to them to pitch a Code for America brigade in Utah County. This encourages developers to work together to create applications that help with city transparency.

Review/Action on Ordinance Defining Significant Parcel of Real Property
The City currently holds several parcels of real property. In reviewing the city code, there is no provision or section of city code that deals with the disposal of parcels of real property. In addition, State code requires the city to comply with Utah Code Ann. 10-8-2(4) before disposing of a significant parcel of real property. State code requires a public notice and public hearing be held for the disposal of all significant parcels of real property. The definition of “significant parcel” and the associated value is left to the City to establish.

It is proposed by staff that the City adopt appropriate language and set reasonable values for the disposal of parcels of real property. Many cities we reviewed have set the reasonable value for significant parcels at $100,000. However, to be consistent with the city procurement policy regarding public bid of items greater than $50,000, it may be advisable to set the value for disposal of significant parcels also at $50,000.

Section B of the ordinance needs to be updated to state a public hearing will be held and there will be a notice period. Right now it says public comment. Unanimously approved.

Review/Action on Proposed Parks Curfew
Based on feedback from the September 17, 2013 City Council meeting, staff has drafted a proposed ordinance amending the Parks and Public Properties ordinance 6-8-6: Park Curfew. The proposed ordinance sets a curfew in City parks at 11:00pm, AFPD will enforce this ordinance, and it matches the curfew in American Fork parks, making enforcement consistent for AFPD. In addition there is a proposed amplified noise and sound curfew that has school year hours and summer hours. This states that amplified sound shall be prohibited after 8:30pm, Sunday through Thursday, and 9:30pm Friday and Saturday from Labor Day to Memorial Day. Amplified sound shall be prohibited after 9:30pm Sunday through Thursday and after 10:30pm Friday and Saturday from Memorial Day to Labor Day. Summer exceptions may be granted through the city with a special events permit.

CM Augustus asked for a definition of what amplified sound means. CM Zappala meant it to refer to music through our sound system in the amphitheater. Suggestion is to define it as electrically amplified sound. Unanimously approved.

Discussion on Recreation Fees
Alpine School District recently began to impose a new fee structure for the use of their facilities for any outside entity. Currently, we only use their facilities for Jr. Jazz because we don’t have the facilities. This is a new policy that will dramatically impact our fee structure for each of our participants. As such, we will need to increase our fees to cover the costs we now have to pay each school. In the past, we have not had to pay for the use of an elementary school, as long as there was a janitor there; however beginning this year we do have to pay $10.00/hour for a sweeper while we use the facility. The high school we have always paid $45/hour for the facility, however beginning this year the district is charging each city $45 per gym, which will double what we’ve paid in the past. In addition, this year we also received a minimal increase from the Utah Jazz for each participant. New fees would be as follows: Ski Bus from $175.00 to $190.00 (to cover expenses associated with ski bus) and Jr. Jazz from $40-$60 to $45-$65. All other recreation fees would stay the same. Our anticipated cost for Jr Jazz gym rentals would go from $13,723 to $18,670. We have worked with American Fork to make sure we aren't fighting for gym space and created a schedule that works for both cities. The $5 per participant increase for Jr. Jazz will cover the overall increase to utilize these gyms.

Discussion on Resident Fees for Use of Vista Room and Golf
Based on feedback from residents, it is proposed that council have a discussion regarding resident discounts for rental of the Vista Room and discounts for golf. Currently residents receive $50 off for season pass. Also a discount of $3 per 9 holes or $6 per 18 holes is given to residents. Current prices at the Vista Room are $1400 per weekday and $1600 per weekend. The current annual revenue projections of $135,000 are based on the fees established. I would like to see a substantial discount for residents to utilize the Vista Room as they are already paying for the building with property taxes. It isn't fair that non-residents get about the same fee and don't pay the property taxes as well. Greg will look at some options and get back with the Council.

Discussion on Reimbursement for Little Free Library
Mayor Gygi has requested that the City Council consider reimbursement to resident sponsors who participate in the Little Free Library program. Little Free Library is a “take a book, return a book” program where sponsors create a local location for communities to enjoy this program. This discussion is to consider reimbursing sponsors for their fee to receive a charter from “Little Free Library.” It would come from the library reimbursement account and would only be paid to residents who build a Little Free Library and haven't yet received a library reimbursement for the year.


Tuesday, September 17, 2013

Council Meeting - September 17, 2013


Work Session

Discussion on Social Security Options - City has been paying employer portion of Social Security funds but found out recently that we hadn't officially opted into the program. Employees can choose to opt in or opt out and use a different type of retirement program, such as URS. Every employee voted and 75% preferred to opt out and utilize something like URS, but want to first know what will happen with employers share of Social Security that has been paid into the system. Technically, this portion could go back to the City and the City would have to determine whether or not to roll this over into a retirement program for the employees or to keep the funds.  However, if they opt out of Social Security then they also lose disability and death benefits and would need to purchase this coverage on their own. The concern that CM Jackman has is that as a Council, we can determine each year how much to apply to the retirement benefits and have it match what we paid for Social Security, but we cannot bind future Councils to do the same. At least with Social Security there is a mandated employer portion. I feel we should let employees vote on this as they've been educated on the options and I don't feel we are better educated than they on what is best for their retirement. David has said that they have discussed ways to incentivize employees to continue to save through a matching program and only giving the employee the employer paid portion if the employee rolls over the already paid funds into a qualified retirement plan.

Council Meeting

Public Comment
Angela Madsen - Wants to know how to change the noise ordinance for the park with regards to concerts and movies in the park. Her house is two houses away and it gets really loud. Some nights it is so loud the windows shake. Noise can get so loud that they can't enjoy their own yard. Would like earlier end time for school nights for movies and/or concerts.

Shawn Madsen - Enjoy the concerts, but many neighbors have little kids and all want earlier end time on school nights.

Presentation by Siemens on Utility Cost Savings
City staff has been working with Siemens group on potential savings to Cedar Hills by making changes to street lighting, pumping, and the use of secondary water. Mr. Cram presented potential savings and discussed how Cedar Hills should proceed should the City wish to work with Siemens on this project. Challenges faced by the city are limited budget, aging infrastructure, and limited capital. These are challenges faced by all cities. Siemens is obligated to ensure that these projects are cash flow positive and revenue neutral. Siemens can do this because of higher manpower and can set aside funds for improvements instead of having any savings go back into the General Fund, which usually gets used in other ways. Siemens would be in charge of the consulting, financing, and implementation. Life of project is on average 10-15 years. Savings will vary based upon the type of project. These types of arrangements have been made available through State laws to encourage energy saving projects. Siemens will guarantee an annual savings in terms of water usage, energy savings, etc. and if that savings isn't met then they make up the difference. Will do a no-cost feasibility study. Some potential  opportunities are city-wide pressurized irrigation water metering, city-wide street lighting, and secondary water connections to all parks. He estimates we could save $56k-$84k each year. Having a PI metering system would put more accountability on individual water users. Technology has improved quality of PI meters and can be guaranteed for 20 years. Goal is that infrastructure lasts longer than the payment terms. Projects would be financed with savings so we don't have to bond for future projects. Relevant legislation includes HB 116 in 2010, State Code Title 11 Chapter 44, State Contract MA946. City retains ownership of all equipment. Siemens is doing these types of projects nationally and around the world. More than 1,300 successfully completed projects and $3 billion in energy savings. Siemens is meeting their commitment over 99% of the time and are only having to pay out guarantee less than 1% of the time. City will move forward with the no-cost feasibility study. This does not obligate us to anything further.

YCC Presentation
In accordance with the bylaws, candidates for YCC mayor apply and present themselves to their peer group for consideration. The YCC advisor, with the recommendation of the YCC and adult advisory committee, submit the names to the Mayor. The Mayor then appoints the YCC mayor. The YCC advisor has recommended that each year as the YCC members begin their terms, they shall take an oath of office to affirm their commitment. Jordan Anderson is the YCC mayor. Mayor and all YCC members were sworn in by Colleen Mulvey, city recorder. CM Martinez expressed her excitement for YCC and how lucky we are to have these youth serving the city.

Consent Agenda
Minutes for the July 16, 2013 City Council meeting unanimously approved.

City Reports
David Bunker - Had kick-off meeting with Bowen, Collins & Assoc on impact fee analysis. Looking to have an open house in January to go over study results. State of the City has gone out. Timpanogos Special Service District meeting this week.

CM Jackman - LPPSD meeting this week.

CM Zappala - Utah Valley Dispatch met. Want to have LPPSD sign district agreement and want all cities to have to stay with Utah Valley Dispatch unless all cities want to leave. CM Zappala recommended it be a vote of the LPPSD board, which represents the district. City needs to determine what we are going to do with dispatch fairly soon, whether to stay with Utah Valley or use someone else. Issue is that AFPD uses Utah Valley so if we switched for LPPSD then we'd have two different dispatch centers, one for fire and one for police. Budget app is up and running and he will continue to work on it.

CM Martinez - YCC car wash coming up on the 30th at roundabout by Walmart.  2pm-5pm and all proceeds go to Santa's Workshop. Pumpkin walk and Haunted Creek will be October 28th. 25 cents for admission. Golf had another fantastic month financially. Tree Fitness is doing classes downstairs.

Mayor Gygi - Thanks Council for attending ULCT meetings. Wants each member to prepare a report of things learned and present at next meeting. UDOT has said they want to refinish Canyon Road but don't know when and haven't said what they will do to fix it, but is having County be in charge of snow plowing the road. County is talking with city staff regarding reimbursing city to do snow plowing. David continues to discuss with County and will bring to the Council when more info is available.

CM Rees - State of the City went out. Social media doing well. ABC4 picked up story posted today. Parks & Trails meeting this week.

Review/Action on Fire Restrictions
Fire Marshall Bailey discussed adjustments to the current fire restriction policy. With the recent rainfall there may be changes that would be appropriate with respect to policy. However, one of the largest fires in the District in the past was during the month of September. Mr. Bailey discussed the viability of adjusting the fire restrictions east of Canyon Road. Recommendation is to allow open fires west of Canyon Road but maintaining restrictions east of Canyon Road, which states open fires are only allowed with a screen cover. Fireworks restriction would stay in effect until October, and would need to be revisited at that time, but next allowed fireworks date is Chinese New Year. Unanimously approved.

Discussion on Non-Residential Rental Fees
City Council asked staff to explore the possibility of adopting a non-resident fee for rental business licenses. Non-resident rental units make up about 90% of the rental units in the City. Beginning next week, letters will be sent out to all property owners informing them of the code, and what they will need to do in order to obtain a business license. With regard to a non-resident business license fee, we asked Eric Johnson (city attorney) for input. His response indicated that the cost of a business license must be reasonably related to the cost of providing the service. As staff would not be performing any additional service for a non-resident rental unit when compared to a rental unit, staff feels that it would be best practice to have a single license fee for all applicants.

Discussion on City Code Regarding Rental Units
Staff has been asked to clarify City Code regarding the definition of a family. From our current Code 10-2-1: Family: One of the following groups of individuals, but not more than one at the same time: a) an individual living alone; or b) two (2) or more people all of whom are related to one designated occupant of the dwelling by blood, marriage, adoption, or legal guardianship and their foster children and up to two (2) other unrelated persons who do not pay rent or give other consideration for the privilege of staying with the family; or c) up to four (4) unrelated individuals who live together as a single housekeeping unit; or d) two (2) unrelated individuals and any children of either of them living as a single housekeeping unit. A "guest" under this section is defined as a person who stays with a family or a period of less than thirty (30) days within any rolling one year period and does not utilize the dwelling as a legal address for any purpose. For purposes of the definition of family, the term "related" shall mean a spouse, parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, great-grandparent, and great-grandchild. The term "related" does not include other, more distant relationships such as cousins.

There are inconsistencies and certain situations could arise that could be problematic legally and as a matter of enforcement; such as our definition of what constitutes being related. Staff would like to receive input from the City Council to help update the code in order to make compliance understandable for residents/property owners, and enforcement consistent for the Zoning Department. Staff would like to change it so that "related" means related to the head of household and that person must be owner of the house. Also suggest no more than one accessory apartment per house, outside entrance is required for accessory apartment and should be in the rear of the building, and cannot share common areas.

CM Zappala would like us to address to real issues, which seem to be noise and parking. How do we enforce these items, because most people don't care how many people are living in a house if they are taking care of the yard and obeying parking and noise ordinances. If we create code it needs to be enforceable. CM Jackman feels we shouldn't create code on the few outliers if it's going to make things more difficult for the majority of our residents.

Discussion on Policy for Public Use of Conference Rooms, During and After Business Hours
With the completion of the Recreation Center basement and conference room addition, a policy for the use of these facilities in addition to the conference rooms at the city building should be discussed. It is currently the practice to allow community groups such as HOAs and civic groups access to public facilities at no charge. At times, these groups wish to meet after business hours, which require staff to return to work to lock the building, clean up, set the alarm, etc. The current/proposed fees for commercial use of the recreation center are as follows:

Vista Room -Weekend $1,600
Vista Room – Weekday $1,400
Recreation Center Basement $30/hour one side, $50/hour both sides
Recreation Center Conference Room $30/hour

I feel that we should charge for groups that want to meet after hours as we will need to pay for a staff member to be onsite and close up. Others feel that we should leave it open for residents to use at any time and we subsidize the cost of usage after hours by finding areas in the budget to cut. We need to come up with city-wide policies with usage of city buildings. Item will be discussed later after Charl determines if there is money in the budget for this subsidy.

Review/Action on Proposed Parks & Trails Code
City Council asked staff to research the provision in the proposed code regarding the prohibition of the use of offensive language in municipal parks. After consulting with Eric Johnson, we feel that any prohibition on the use of any language would be in violation of the First Amendment to the Constitution. Multiple documented legal cases have shown that offensive language is a protected speech under the First Amendment. Staff would like additional input regarding the use/consumption of alcohol in City parks. Staff would like to know if the definition of alcohol needs to be included in the Code. It was determined no, it did not need to be defined. Ordinance was unanimously approved taking out language portion and not defining alcohol (it is already defined by the State).

Discussion on Parks Curfew
The following is the proposed addition to the Parks and Trails code:
6-8-6: PARK CURFEW: A. All parks shall be closed between the hours of ten o’clock (10:00) P.M. and five o’clock (5:00) A.M. It shall be unlawful for any person other than city employees performing their duties to be to loiter in the park when it is closed. Current park rules state that the park curfew is 10:30 P.M., however, City Code states: 5-2-2: It is unlawful for any person to cause noise that constitutes a public disturbance.  d. Sports or other entertainment activities in or adjacent to a residential zone between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. Staff would like direction on how the Council wishes to regulate the use of parks, it has come to our attention that 9:00 has been proposed as an appropriate park curfew, while current park rules state 10:30, and the code states 10:00. Staff would like the various times to be consistent for enforcement purposes.

Discussion is that we have a park curfew but a noise ordinance for concerts and/or movie that is earlier during the school year. If someone wanted to have an event outside of normal hours  (such as family festival) then a special use permit would be required. Discussion will continue at a later date.