Monday, September 8, 2014

September 2, 2014 Council Meeting

Work Session

Presentation on Refinancing Options on the Utility Revenue Bonds, Series 2006 by Lewis Young and Zions Bank. Mark Edminster presented on behalf of Lewis Young. Currently bonds have between 4.0-4.625% interest rate. The net present value benefit of refinancing is $334,184.42. Resolution tonight doesn’t commit the city to refinance, but allows us to move forward when ready, if we so choose. Typically takes about 45 days for a refinance. Sends a Request for Proposal to underwriters so we can compare options. Bulk of savings comes from lower interest rates. If interest rates go up before closing we are not committed to the refinance. Mr. Edminster recommends we move forward with the RFP process and to obtain direct purchase bids from banks.

Jonathan Ward presented on behalf of Zions Bank. Preference is to sell bonds competitively by soliciting underwriters. Zions estimates net present value at $278,239.70. The process and timeline is similar to Lewis Young.

Council Meeting

Public Comment
Rhonda Bromley – She is the principal of Lone Peak High School. She introduced her administration. Thanks Council for service in the community. Proud of YCC members. Have over 2,550 students this year and theme is student success is a team effort. Has worked a lot with David Bunker and Greg Gordon on recreation and appreciates the partnership. Looks forward to working with the city in the future. Often works with AFPD and appreciates working with them.

YCC Presentation
In accordance with the bylaws, candidates for Youth City Council, and 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. Kyle Swenvelt presented as he is the YCC Mayor this year. There are 35 total members. They are excited for activities this year. Planning on a food drive for the local shelter and serving Thanksgiving Meals at the shelter, a day of service, fundraiser for cancer survivors, random acts of service, etc.

Review/Action Recognizing Jerianne Conroy as a Cedar Hills Champion
As part of the Cedar Hills Champions program, the City Council will recognize Jerianne Conroy for her efforts and successes serving as the Family Festival Committee Chairperson for the past two years. Jerianne has been a resident of Cedar Hills for eight years. In 2012 she was asked by City officials to chair the newly formed Family Festival Committee, which consists of several volunteers from throughout the community who work with City staff to plan and implement the week long events and celebrations. Jerianne has dedicated many hours and weeks to this role and, with her team and staff, put on two very successful festivals. September 3, 2014 is declared Jerianne Conroy Day in Cedar Hills.

Consent Agenda
Minutes from the August 5, 2014 and August 19, 2014 Council meetings were approved.

City Reports
CM Rees – New YCC is starting up and we are excited about this new group. Keith Irwin is chairing the Family Festival Committee this year and is working on locking down dates now with a new carnival company. It will be scheduled for the first week in June, which helps as we don’t compete with nearby cities. One press release was issued and the State of the City should be going out at the end of this month.

David Bunker – At last TSSD the board did approve an adjustment to impact fee for connection to TSSD special treatment plant, which will decrease from current rate. This is the second decrease to that impact fee. North Utah County Water Conservancy District is working on some rehabilitation projects of dams they owned. First one in 2015 will be at Silver Lake, then will move on to others. PI consumption went up last week. In September the State recommendation is less water usage so we will be asking for residents to reduce water usage to once every six days as weather becomes cooler. Flag football starts next week. Utah Golf Association had annual tournament in Cedar Hills, and all gave glowing reports about the condition of our course. Tot soccer is now happening. Vista Room is being utilized often, about 75% of all events are paying events as opposed to city events, meetings, community events and meetings, etc.

CM Zappala – Utah Valley Dispatch is moving forward with new building. Our current annual fee is $32,000. The cost to Cedar Hills to contribute to new building is one time charge of $62,000 so we need to determine if we want to pay that in cash or financing.

Mayor Gygi – Finance Committee met and discussed the refinancing of Utility bonds.

CM Crawley – Parks and Trails Committee met to discuss improvements for next year City breakfast. Had over 200 people attend this year. At last Council meeting he had a disagreement with the Mayor regarding the Decisions Survey. He wants to know why Mayor has met with other Council Members outside of Council meeting to discuss these disagreements.

CM Augustus – Attended Finance Committee meeting. Planning Commission discussed Wilson Geddes conceptual plan for development on east side of Canyon Road. That will again to Planning Commission for approval. Also discussed updating general plans for commercial development.

CM Geddes – Unable to attend Planning Commission meeting.

Review/Action on Intent to Refinance Utility Revenue Bonds
See notes from Work Session. This is a resolution approving the Notice of Intent to issue Refunding Bonds for the 2006 Utility Revenue Bonds, with the maximum amount of $5,250,000; with a maximum interest rate of 5.25 percent; for a maximum of 20 years; with a maximum discount of three percent; providing for the running of a contest period; and related matters. This was approved. Lewis Young was chosen as advisor for this process.

Review/Action Authorizing Mayor to Sign a Notice of Approval of Exchange of Title for Property
Property owners, Cory L. & Jill B. Griffiths own two adjacent lots in the Cedars West subdivision (Plats D & F). They are wanting to do an Exchange of Title on Lot 9 of The Cedars Plat F, exchanging 11098 square feet, and combining it with Lot 48 of The Cedars Plat D. This exchange does not alter any existing easements; both lots remain in compliance with Cedars CCR’s, setback requirements, frontage requirements, and lot size requirements. There is no impact on neighbors and does not create a new buildable lot. This was approved.

Review/Action Creating Citizens Advisory Committee to Update General Plan
This Citizen Advisory Committee of 6-10 members will review the needs of the community relating to updating the General Plan. This type of committee will provide invaluable assistance in the planning process and should include key community leaders and active citizens. The Committee should establish preliminary goals, an action plan, and a timeline for completion of the General Plan revision, at which point the Planning Commission will hold multiple discussions and a public hearing before making a recommendation to the City Council. Two Planning Commissioners have volunteered to be a part of this Citizens Advisory Committee, Craig Clement and David Driggs. Additionally, Ken Young, a Cedar Hills resident and former Planning Commissioner has also volunteered to be a part of the Committee. CM Zappala, Geddes, Crawley and Augustus are all interested in sitting on this committee. Mayor Gygi will continue to work on appointments to this committee. This was approved.

Discussion on Canyon Road
CM Augustus wants to clearly know what is happening and what direction the Council has. Mayor Gygi stated he has met with UDOT and County Commissioners on Canyon Road and has always reported back to the Council. At this point there is no proposal. Council and Mayor have stated that we have no interest in taking ownership of the road or being responsible for any maintenance of the road. Either the County or UDOT should own the road. Scott Darrington with PG is taking the lead on presenting a letter to the County stating we are not interested in taking ownership or any financial responsibility for Canyon Road. It’s now between the County and UDOT to decide who will take ownership and what maintenance and repairs will be done.

Discussion on Duties of Mayor & City Manager
CM Augustus feels that the Council has struggled over the past year. Feels there has been a change since Mayor Gygi has become Mayor and how he works with the City Manager. Feels it’s having a negative impact on residents and staff. Wants to come to some sort of an agreement on responsibilities of both. Eric Johnson (city attorney) presented some remarks. Role of City Attorney isn’t to tell Council what to do, but tells them scope of their powers. There is no set of rules or laws that can make a Council get along. There is a division of duties between mayor and council to provide checks and balances, but there is considerable overlap. Each elected official needs to understand scope of powers and determine how they will act within that scope. Feels that each official should be working through issues that arise. If city code is inconsistent with state code, then state code prevails. Codes of both should be read to be in harmony with each other instead of fighting against each other. Asks if creation of city manager position in 2001 was intended to remove administrative powers of the mayor given by State law. In order to remove administrative powers from the mayor, it must be clear that was the intent of the Council. Mr. Johnson’s conclusion is that it is not clear that the Council intended to strip the Mayor of his statutory powers, which would require a unanimous vote of the Council. He read through the minutes from that meeting which states the city manager is intended to work under the supervision of the Mayor. The ordinance lists duties of city manager and states they are to occur under the supervision of the Mayor. CM Zappala feels disagreements are on managerial policy and these need to be worked out. He disagrees with Mr. Johnson's conclusions. CM Augustus said that members of staff feel micromanaged by Mayor Gygi and it needs to be figured out. I reminded the Council that in 2012 we worked together to develop a grievance policy, which states that employees with grievances should first go to their direct supervisor, then the city manager, then the mayor, and finally the entire Council if it isn't resolved in those earlier steps. Going to individual council members to share grievances and then having that council member blast the mayor is ineffective. The established grievance policy should be followed and if an issue needs to go to the Council then it should be done in the proper order and in executive session for discussion. We then went into executive session.

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