Council Meeting - July 7, 2015

Work Session

We discussed items on the agenda and my notes are part of those items below. David and Gary met with residents from Temple Shadows regarding the intersection at Harvey Blvd and 4600 W. The HOA has ideas on ways to resolve the issues regarding visibility and will be presenting those to the Council at a future date. City recommended reducing the height of portions of the fence at that intersection and removing some of the trees that affect visibility. They are open to that, but would also like to discuss a possible four-way stop at that intersection. They understand that, if Harvey ever connects through Highland, then this may no longer be an option for that intersection. Staff will include preliminary cost estimates for all options presented to the Council.

There was a fire near Timpanogos Cove Park, but no details are available at this time as the fire chief was not in attendance. The suggestion was made that we utilize the Parlant phone system to notify residents that no fireworks are allowed east of Canyon Road.

Council Meeting

Public Comment

Andrew Jackson – Executive Director for MAG. Has known Mayor Gygi for a number of years. Has worked with all mayors of Cedar Hills going back 20 years. Mayor Gygi is on MAG’s executive board and transportation committee. One of 40 mayors that sit on executive board. He’s known him to be a fair and honest person and always had the interests of the city. Related a story about Mayor Gygi that was told at a Council of Governments meeting. County Commissioners and Mayors attend this meeting.

Charelle Hagen – Appreciates the work of those on the Council. She served in the past and knows it is a lot of thankless hours. Mayor has taken a lot of heat on AF Canyon issue. While she doesn’t agree with those who support Snowbird, she also doesn’t support the personal attacks. Everyone can do a better job with transparency. As the Mayor, he needs to represent what residents want and be the voice of residents. Problem she has with AFC Vision group was that it felt it was a project only to benefit Snowbird. Fully supports looking at impact that population growth will have on the Canyon, but looking at impact Snowbird will have is a separate issue. Any committee that is to preserve and protect the Canyon can’t look at what can be added to the Canyon, but want to protect what is there. Does not want Snowbird in the Canyon.

Aimee Augustus – Hopes the Council will protect the Canyon. There are enough ski resorts. None of us know what future plans Snowbird has. Also hopes that the Mayor will remove himself from any committees or discussions regarding AF Canyon. Feels he needs to make amends with residents and he isn’t trusted any more. Anyone who has benefited from Snowbird shouldn’t represent residents.

Brent Swanivelt – Has lived in Cedar Hills for 17 years. He also works for UDOT. He served on the AFC Vision committee. He is concerned about Snowbird’s proposal for a land swap. He is against further development in the Canyon. The purpose of the study was to get opinions of the public and had just started to do that. He doesn’t agree with Mayor Gygi’s views of Snowbird, but doesn’t feel Mayor Gygi had any personal gains from his position. He commends Mayor Gygi for being an active member of the committee.

City Reports

David Bunker – Intermountain Farmers have been doing some educational classes at the community center but nobody has shown up. They are going to cancel rest of events and reschedule next year. Lacrosse and karate going well. Attendance is down a bit for summer session of karate. Golf numbers were good and budget numbers were met. Public Works crews have done some work on water system and have encountered several rattlesnakes. Most are in the townhomes area.

CM Rees – The Planning Commission met twice last month. The first meeting was cancelled as a quorum was not present. However, there were several residents in attendance as they received a notice regarding the rezoning that was up for discussion. Chandler explained the purpose of rezoning those portions from the R20,000 to R15,000 zone and reassured residents that animal rights will be addressed so those with those rights now will not be negatively affected. I was unable to attend the second meeting, which was focused on changes to the Design Guidelines, but Chandler was there and provided an update. The Arts Committee feels HONK was a success and is now working on the summer concert series. They will have a proposed budget and committee assignments presented at the next Council meeting. I am working on the State of the City and plan on it being available in September as has been done in the past. This year it will be sent electronically. The Family Festival chair reached out to me and stated they are aware of concerns expressed by residents who live behind Heritage Park. They will reach out to those residents before the festival next year and will let the carnival company know that take down cannot take place any later than 11pm. I received an email from a resident who expressed concern regarding fireworks at Mesquite Park. She lives near the park and her yard is being littered with firework debris and other trash. She requests that we find another location that is not near homes so that these residents aren’t affected.

CM Zappala – Read the following statement:

When I moved to Cedar Hills in 2005, our city had a bad reputation. People would ask, “why are you moving there? They have so many scandals, they can’t seem to run a city well!” Yet as we began to live in Cedar Hills, we found the truth to be the opposite. True, the city had made an unwise purchase of a golf course, but since that time the city had been managing its finances well, had beautiful parks and trails, mountain views, great recreation opportunities, and wonderful people. We discovered there were a few residents who had not been able to get their way politically, so they chose to fight their battles through the press. They sold scandal, and the press was eager to publish the scandal and allegations, no matter how baseless.

As the years have passed, councils and mayors have worked diligently to repair the city’s reputation. In my own time on the council, we have taken a number of steps to help improve the reputation of the city. These include the Cedar Hills Champion program, outreach from the mayor to other cities and his service on regional boards, good relations with the press, tireless efforts to provide increased communication and transparency, an exceptionally maintained golf course, an amazing family festival committee, and well-attended community events. Our city has begun to put past divisions behind us and concentrate on a positive vision and image.

Unfortunately, events of the past year are threatening to tarnish our image again. It is no secret now that there has been an ongoing feud between two council members and our mayor that has become far too personal and petty. What started as a reasonable disagreement over the role of the mayor has become contentious and bitter. Too often, this has affected city business and public meetings have been acrimonious. Too often, this has spilled into online forums and Facebook pages. Too often residents have been pulled into the arguments. This needs to stop.

When you make an accusation in a public forum, you may think you are right. You may even be right. It doesn’t matter. All the public sees is fighting among elected officials. They call a pox on both houses and blame you both. You have not won. You have tarnished your reputation and you have tarnished the city’s reputation. Sadly, you have discouraged civic-minded residents from running for public office, because they don’t want to get trapped in the mess that they see.

I think I represent the will of our residents when I say “enough is enough”. The contention and the fighting needs to stop. We need to focus on what matters most.

I will not personally put up with contention in this or any future council meetings. I will ask those who are arguing to call a recess, step outside, settle their differences, and come back when they are ready. If they are unable to avoid contention on an item we discuss, I will vote to table the issue.

I ask the council to unite with me in calling for civility, respect, and good public relations for our fine city.

Mayor Gygi – LPPSD cancelled their meeting in July. MAG also cancelled their meeting.

CM Geddes – Exciting things are happening with Utah Valley Dispatch. The current office located in Spanish Fork is small and cramped. Bids for the new building will be going out soon. Our city had about 248 calls to 911 last month. New building will provide for better dispatch.

CM Crawley – Agrees with most of what was said by Daniel. The fault is on both sides. Feels there was an intentional dig at certain people. Agrees that things should be civil. There was a fire near Timp Cove Park and we will use Parlant system to get the word out about fireworks restrictions. Has been focusing on different options for the golf course. He has found an alternative he feels makes sense and would like to discuss.

CM Augustus – Agrees with CM Crawley. Feels that this goes both ways. No updates from North Pointe Solid Waste. General Plan Committee is doing some research.

Review/Action on Resolution Regarding AF Canyon

Public Comment:

Paul Sorenson – Sent a letter to Mayor and Council. Read his letter tonight. Mountain Accord and AFC Vision are looking at a land swap for Snowbird. Most Cedar Hills City council members and County officials were unaware of what was occurring. Exception is Mayor Gygi, who was aware. Concern is lack of communication and transparency from Mayor Gygi, and his not disclosing gifts received from Snowbird. Appears Utah County cities are in agreement to oppose land swap. Feels trust with Mayor Gygi has been compromised. Would like Mayor’s role with AFC Vision to be replaced with a council member.

Angela Johnson – Does not support the land swap and wants to keep AF Canyon as is. She asked for feedback on a Facebook page and read some of the comments. Said there were over 100 comments on that thread. All were opposed to the land swap. Wants to preserve the Canyon.

Ken Cromar – Was at a meeting of AFC Vision. Found it interesting that public comment had an impact on the group. Wanted to know how it got this far without public knowledge. Decision was made to give Snowbird their $50,000 donation back. He asked if anyone on the committee had received campaign contributions from Snowbird. Commissioner Ellertson said he had received campaign contributions. At a meeting held at American Fork High School a resident said nobody who had received compensation from Snowbird should be on the committee. Mayor Gygi came up to the front and did not state he had received anything. Found out that Mayor Gygi has received helicopter rides and other things from Snowbird. Wants to know what all Mayor Gygi has received from Snowbird and wants him to step down from those discussions.

Dave Fields – VP of Resort Operations from Snowbird. Snowbird cannot build condos or hotels on land. They protect water and resources in the Canyon. Partnered with others to clean up the Canyon from old mines. Snowbird is interested in an open process and will continue to be open moving forward.

Mayor Gygi spoke. When Mr. Cromar asked if he had received any campaign contributions from Snowbird and he honestly answered no. He has been working on this project for approximately 18 months. Was told by former mayor to reach out to Snowbird to find out their plans. Mayor reached out to Marisa Wright and she put him in touch with Snowbird. He, Marisa, and Stephanie Martinez met with Snowbird. Understood what they wanted to do and felt there should be a process. Met with MAG and discussed creating a steering committee to discuss this and other canyon issues. Recognized that money would be needed for the committee and asked the State Legislature for the funds. Was given $100,000. Created steering committee and invited UDOT, Utah County, every Utah County mayor, Sundance, Snowbird, Forest Services, Parks Service, and others. Purpose was to do research of Canyon issues. He told the Council and has emails to prove he made the Council aware. What he didn’t know, and nobody in Utah County knew, was that Mountain Accord was working on a land swap that involved AF Canyon. That changed everything. Has advocated to Mountain Accord that they should have Utah County representation on their committee. In this process, he feels he’s been trying to do what is best for Cedar Hills and the County. The closest he came to advocating for Snowbird was speaking of their proposed gondola to the State Legislature. He has never advocated for Snowbird or Save Our Canyons, both of whom have proposals for the canyon. In a free society, everyone has rights. Feels everyone should have a right to speak their minds. Mountain Accord has been working for seven years and AFC Vision just got started. They weren’t in a position to make any recommendations. He feels he was being fair in advocating for the process. He went to three events with Snowbird. He ran it through the city attorney and was told that as long as the dinner was less than $50 then he is fine. Feels he was compliant with that. He also disclosed the helicopter ride, but forgot to mention it at the American High School meeting. Answered every question that was asked that night. We can always do things better. He wanted to correct a few things stated in public comment. Has told AFC Vision that his marching orders come from the residents of Cedar Hills and will do what they want. He contacted the Preserve & Protect group and made them aware of this.

Councilmember Augustus requested that the City Council consider a Resolution pertaining to the

Environmental Stewardship of American Fork Canyon. CM Augustus discussed his resolution. It is non-binding, but a good faith effort to show we are taking the issue seriously. Based it on the resolution passed by American Fork city, but made his own changes. CM Augustus read his resolution. He then proposed a few changes. On item #10, changed to the City Council asking the mayor to voluntarily remove himself from any associated boards and committees. #11 would read that any representative would be appointed by the mayor with the advice and consent of the City Council.

CM Geddes thanked everyone who showed up tonight. He loves recreation. He feels AF Canyon should stay the way it is. Snowbird doesn’t need any more land. They’ve done a good job with the land the own, but don’t need more. He disagrees with a few of the points of the resolution. One is the Snowbird ski bus that our recreation department holds each year. This benefits the youth in our community and eliminating that bus hurts those kids who utilize this program. Opposed to the directive against the mayor. He believes what the mayor has said and anything directly pointed at Mayor Gygi is uncalled for. Supports a resolution, though acknowledges it is non-binding and all we can do is encourage. Thanks CM Augustus for his work and his time in putting the resolution together.

CM Crawley believes the resolution is important to pass. Issues with mayor aren’t the crucial points of the resolution. He never heard about the helicopter ride until last week via social media. There are some issues that stem from difference opinions they have. Number one stakeholder is the people. Told Mayor Gygi he should be posting about these meetings. Feels there has been an air of secrecy and has encouraged Mayor Gygi to tell the residents. Isn’t angry with Mayor Gygi, but feels transparency is an issue. Wants to see more of it in the future. Feels Mayor hasn’t represented residents in this. CM Crawley asked the Snowbird representative how long Snowbird has been discussing the land swap. Representative deferred to Bob Bonar as he hasn’t been part of those meetings. Land swap wasn’t part of original Mountain Accord process. As their individual committees presented their proposals to the executive committee of Mountain Accord, and that is when the land swap was discussed. CM Crawley asked Mayor Gygi how many times he met with Bob Bonar, and Mayor Gygi said they met alone one time before the AFC Committee was formed. He feels Mayor Gygi has been more supportive of Snowbird than residents want him to be.

I expressed similar concerns that CM Geddes expressed. I don’t feel that stopping the ski bus does anything but hurt our youth who want to participate in this program and it is something that many other cities do as well. I also feel that we, as a community, need to come together in opposition to the land swap and having language that is accusatory or inflammatory doesn’t help that cause.

CM Zappala – He supports the process we’d like to have with the Canyon. Residents are nearly unanimous in preserving the Canyon and the Council is also unanimous in this. Council wants an open process and open meetings with minutes. The resolution as presented by CM Augustus is too divisive and inflammatory and feels we spend too much time fighting and finger pointing instead of discussing the actual concern of the land swap.

CM Augustus – He made a motion to accept the resolution with the following changes - #10 to ask mayor to voluntarily remove himself from any committees regarding AF Canyon. He is willing to strike #11 and #12.

CM Zappala expressed concerns he still has with the main body of the resolution. Some of these include the requirement for any representative who has voting rights to first come back to the Council before voting, and also that there is no discussion of changing the zoning guidelines in the Canyon.

Council voted 3-2 against the resolution presented by CM Augustus.

CM Zappala then read his resolution, which includes many of the same points but adds some and removes divisive language. You can view his resolution on his blog at http://cedarhillsblog.org/american-fork-canyon-resolution/

CM Geddes feels this resolution is more palatable and informed us that the County did pass their resolution today.

CM Augustus still wants #10 incorporated.

Council voted 4-1 in favor of CM Zappala’s resolution.

Review/Action to Award Contract for Street Work

This project involves the streets of Sage Vista and Morgan. There will be milling of the gutter line and doing an overlay of the street. Several bids were received and Kilgore was the lowest bidder. The City has received qualified bids for the 2015 Asphalt Leveling, Edge Mill and Overlay Project. The apparent low bidder is Kilgore Companies with a low bid of approximately $85,580. The contract being used is our standard contract but still needs legal approval. Door notices will be placed on affected households, and a notice will go on the city’s website and in the newsletter. This work will be done in stages. Work will be done by middle of October but do not yet have a start date. CM Geddes recused himself as he has hired Kilgore to work on his project. This was approved.

Review/Action on Food Trucks

As a follow up to the 6/16/2015 City Council meeting, staff has met with Tom Karen, a food truck owner to develop a plan for a food truck rally that would take effect beginning 7/23/2015. According to the proposal, starting Thursday nights from 5:00-9:00, Heritage Park will begin hosting a food truck rally, consisting of 4-5 food truck options. The rally will be coordinated by Tom Karen, who will schedule the food trucks that will be participating each week. Other cities operate in this same fashion where the food truck vendors coordinate nights and govern themselves. Food trucks will be responsible for set-up, clean-up, and maintenance of adjacent park areas. Additionally, each vendor will be required to set up a Cedar Hills business license, and show proof of a Utah County Health Permit. Staff is proposing that Cedar Hills follow this model that has worked in other cities, and evaluate how it is working for Cedar Hills. Following an evaluation, City Code may be modified to allow for food trucks to operate under the guidelines approved by the City. Staff proposes that the trial period last through September. There will be a proposal at the next City Council meeting to modify city code, which currently restricts the parking of vehicles for sales. Chandler will also follow up with other cities to find out what has worked and what hasn’t. Discussion was held and food trucks do need to be on a flat surface, so the parking lot of Heritage Park would be where the food trucks need to be parked. Food truck season will be April through September. This was approved.

Review/Action on Subdivision Improvements for Bridgestone Plat C

Perry Homes has requested the acceptance of the public improvements construction and the release of the performance guarantee related to “Bridgestone Plat C”, except that portion to be held as the durability retainer.  The requested release amounts equal $208,005.69 and $6000.00 for a total of $214,005.69. The durability retainer amounts equal $41,601.14 and $1200.00 for a total of $42,801.14. Staff has done the inspection and recommends the release of the performance guarantee. This was approved.

Discussion on Fireworks

Fire Marshal Bailey stated that the Fire Chief wants to restrict all fireworks east of Canyon Road. This will need to come before the Council at the next meeting (July 21st). I also requested that staff look at a new location as opposed to Mesquite Park for fireworks (see email above in my city report from resident).