Public Comment
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Consent Agenda
Megan Rasmussen was appointed to the Arts Committee. The minutes from the August 16, 2016 City Council Meeting were approved.
City Reports
Mayor Gygi - Spoke with superintendent of Alpine School District and they will present to our Council at our next meeting on the bond they are submitting to the voters.
David Bunker - Flag football as more participants than last year. We now have a hotline for participants to call when it's raining to see if games have been cancelled. Golf course being aerated. Plants and soils class tomorrow night at community center. Golf course nets are scheduled for October. New poles go in October 4th-6th. Driving range will be closed during that time. TSSD met and they are phasing out of composting over the next five years. After that they will no longer accept green waste.
Review/Action on Bid for Bayhill Park
Public Comment:
Angela Bragonje - Lived in Cedar Hills for 10 years. Lived on Sugarloaf where yard and street were very tiny. Watched kids carefully as they play outside. Moved to Bayhill and concern was small lot sizes. There is little space for all the kids. They are in the street all the time. Have the smallest lots in all the city as many lots are on slopes. Isn't trying to complain but show that they need grass space and place for kids to play. Play at small park on Tamarack but it isn't a park for kids older than 6 years. Use parks a lot, but don't feel comfortable sending kids on their own as they have to walk across Canyon Road. People use the church lot as there isn't other green space in the area. Bayhill Park would be available to the many kids in the area. It is much more than a neighborhood park as many people walk on the trail and the gravel path to Timp Cove Park. Kids play in youth sports in the city and parks are crowded right now with sports so it's hard to find open spaces. Disappointed to see that the area allocated to grass is so small. Would like a flat piece of grass to play soccer. It's a hot topic issue in the neighborhood and is discussed often. In 2009 funds approved for it went to Timp Cove park. Rec Center got updated and other parks have been updated and this project keeps getting delayed. Feels they've been patient for a long time.
Becky Hoffman - Lived in Cedar Hills for 15 years and was told in beginning that park would be there. Lives right next to park. 15 years is a long time to wait for park to come in. Every time it has come up she has tried to get people to advocate for it. Her grandkids are now past the age where they can enjoy but there are so many children in that area that play in streets because there is no park nearby. This park keeps getting delayed for other projects. Feel that is morally wrong. Advocating for children who deserve park space. Other parks in the area, parents donated money including herself. She loves Cedar Hills. To delay park for another year is unfair.
Donna Lyle - Park is the same issue that happened many years ago, maybe 2007, where streets, curbs, sidewalks, etc in that that development were in horrible shape. City Council allowed it to continue. Got organized and came before the Council. Council doesn't experience the problem and plea for a new park because Council is all new and doesn't understand the background. When streets were falling apart, they fought to get those fixed and it the Council at the time didn't know of the problems. This Council doesn't know history of Bayhill Park. See families with kids in the area who desperately need park space. To put it off is putting off a promise from 15 years ago.
Only received two bids, the lowest being $518,974. Bowen & Collins representative presented tonight. Said there are a few reasons for high bids. First is that all contractors are very busy and trying to finish those before snow. Spoke with a contractor who was interested in bidding on the contract but didn't because they were too busy. Feels we should postpone until the winter months when contractors are more anxious for work. Usually they see lower prices and lower bids when they do this. Another thing to consider is that the asphalt season is coming to an end so would be surprised if it can even get done this year. Having a gap between construction and laying asphalt can cause price to be higher. City could purchase pavilion and install on its own so not to have a mark-up. Can also reduce the size of some of the shrubs. One contractor said that if it was delayed they can reduce costs by 5%. Staff feels we can rebid in January and have a longer bid period with more advertising to hopefully entice more people to bid on job. It's hard to get plants right now because nurserys have less stock than in the spring. Park was re-engineered to include things that residents asked for, and we may be able to get fill at better price later on. It was bid as a lump sum project instead of being a line item, so if we rebid we can ask for bids to be line item bids. We could get separate bids for separate parks of the projects. Can't guarantee we will get lower bids, but Bowen says contractor said if we waited a month or two they would have lowered price so they think it will be better in a few months. It may delay the project by a few months.
Mayor said Council has already approved construction of park. Now we have to discuss whether or not to accept bids, which are high. Question is do we spend an extra $100,000 to do it now or rebid in the Spring. Doesn't know about promises from 15 years ago.
I advocated for moving forward with the bids. There are multiple reasons for this. First, this project has been delayed several times for many years. It was supposed to be completed when Timpanogos Cove Park was built, but the cost for Timp Cove went way over so the funds allocated to Bayhill were moved to Timp Cove. It was then put on the plan for the FY2009 budget with $400,000 as the anticipated cost. However, it has been delayed each year since then for a variety of reasons. When I joined the Council I advocated that we get this park done as residents in that area had been promised for several years it would be done. In 2009 a petition with approximately 100 signatures was provided to the Council asking for the park to be done, and residents were told it was next on the list. Unfortunately, nothing was moved forward. In 2014 the Council agreed to allocate $50,000 in FY15 to start phase one. It was then decided it would be better to do a bigger phase and moved to FY16 with $235,000 allocated. We were then told it would be cheaper to do the project all at once, so it was delayed to FY17 with a budget of $446,224. There can always be a good reason for delaying a project for another time and I think it's time we get this park done as it was promised almost a decade ago and other projects that were to be completed after Bayhill have been bumped up and finished. Secondly, there is no guarantee costs will go down. I spoke with a gentleman who does construction loans and he told me that the industry is booming and that contractors he is dealing with have told him they are paying extra for workers to work during the winter months so that homes will be ready to sell in the spring. He feels waiting for construction to wane can take several years. Lastly, this area is highly populated with young kids who don't have much park space. Being on the east side of Canyon Road, many don't feel safe sending their kids across Canyon Road to play at parks in other parts of the city. The higher density granted in that area means the yards are smaller and there isn't as much green space for play. I would like to see the city no longer delay. I know it costs more than we thought, but costs have risen in every aspect of construction over the past 8 years so it is understandable that it is more now. Asked that we request the bidders to provide us with a line item list that they based their bids on.
CM Crawley served on the Parks & Trails Committee in 2014. Is an advocate for the park and feels it should be a priority. Frustrating that it has taken so long. It would have been nice to start earlier. Not sure that accepting a bid is the best thing, but doesn't want to wait until next spring to bid it out again. Feels we can rebid now with flexibility to start in January so they can start in the winter. Thinks we do need more detail on the bids so we can find better pricing on some parts, like the pavilion.
CM Geddes - Was on Parks & Trails in 2015. Timing is frustrating, but we are getting a better park now than if we had done it a year and a half ago. It's a completely new design. Agrees with CM Crawley that we should reject the bids, but we don't need to wait until January. We can rebid within next 30-60 days so it can finish in June or July. There may be some things we have to cut until it can be funded in another fiscal year. Would like to see more than two bids. It's challenging to get landscape contractors to bid on projects right now. Asphalt can't start this year anyway. He has offered some tips on how we can save money on fill.
CM Bailey - Asked about timing if we approve. David said it takes a few weeks to get contracts signed but could maybe start mid-October. Resident expressed concern to him that there isn't much grassy area. If we start in mid-October, it could be done in the spring, maybe April or May. If we pushed out bids and received lower bids in January, it could still be done at the same time. Wants to see a set start and end date for this project so it gets done.
CM Zappala - Asked if staff can be more aggressive in seeking bids so we can get more responses. David said Bowen & Collins will call other contractors. Concern that costs may increase as they always increase and we might be in same situation and have wasted more time. Would rebid immediately and tell Bowen & Collins to be very aggressive in getting it in front of contractors. David said contractors are all really busy and are worried more about getting projects done than getting more work. David wants to wait until November when it gets colder and they have more time. Says contractors didn't have enough time to bid on this project. CM Zappala is also concerned that we have delayed for too long.
I made a motion that we reject the current bids but ask staff to submit a new bid proposal immediately with the Council to review and vote on bids on Nov 1st with a start date of construction in January 2017 and a completion date of the park in June of 2017, also that the bids provided be line item bids. This was unanimously approved.
Review/Action on Temporary Moratorium on Issuing Permits for Renewable Energy Systems
The City has received numerous inquiries and applications for solar installations. In an effort to curb any nuisances caused by these types of systems, staff has proposed code to the City Council and the Planning Commission that would work to mitigate detrimental effects of renewable energy systems on neighboring areas. The proposed code has been presented to both the city council and the planning commission. The planning commission intends to make a final recommendation for city council consideration during their regularly scheduled September meeting. Until the recommendation by Planning Commission is considered by the city council, it is proposed that a short term moratorium on renewable energy permits, including wind and solar, is enacted. This will allow the recommending body and legislative body to establish standards and guidelines to be included in the city code. Staff is recommending that an exception be given to exclude house mounted solar from this moratorium. The moratorium is expected to last about three months. This was unanimously approved.
Review/Action on Adding, Amending, or Deleting Certain Portions of the Policies and Procedures Manual
During a routine Utah Retirement Systems (URS) compliance review, a request was made to include a policy declaration which designates the eligibility of Tier 2 employees, elected, and appointed officials. URS has asked for this policy to be submitted to their offices by September 30, 2016. Along with the required URS policy language, some additional minor amendments are being proposed for inclusion in the updated manual. They include: Fraud Prevention Policy, Social Security Participation, Taxable Benefits, General Employee Policies, Other changes. All of the changes are relatively small housecleaning items. The only change I recommended is that it was added that AFPD and LPPSD are allowed to get free golf, and that we should update the wording that this benefit only applies as long as we have valid contracts for them. We are not considering any changes, but it's good to indicate that this benefit only exists if we have a contract in case something changed in the future. This item was unanimously approved.
Tuesday, September 20, 2016
Tuesday, September 6, 2016
Council Meeting - September 6, 2016
Public Comment
Nobody signed up.
City Reports
David Bunker - Soccer programs going well. Flag football starts tonight with 437 participants. Golf course netting is scheduled to be replaced during the first week of October. The Sparks Singers are renting a room at the Community Center on Thursday nights. TSSD met and discussed plant improvements. There is a PI water main that is damaged. Located on Canyon Road across from Morgan Blvd. Tank has water in it but it's anticipated that will be emptied tonight. There will be limited pressure as the tank is drained each day. Posted to Facebook, city website, and sent email throughout the city. Bayhill Park is out to bid and anticipated bid opening is September 15th and will be presented to the Council at next meeting. Contaminated water came down from Tibble Fork and there were high concentrations of heavy metals in the sediment. A fix has been made to stop this from occurring, but has determined the water doesn't exceed agricultural or recreational use limits. It is not safe for consumption, but never has been.
CM Rees - Parks & Trails Committee met. The breakfast was a success and they will continue this every year. Will need extra help with serving food and clean-up. Meeting at the roundabout at next meeting to discuss roundabout improvements and beautification.
CM Crawley - North Point Solid Waste voted to join the NUERA group to purchase the Bayview Landfill. Vote was 7-4 in favor. NPSW will have one member on the board of NUERA.
CM Bailey - Arts Committee met and is planning a date night for adults. It will be held in November in the Vista Room.
Review/Action on Resolution Authorizing City to Participate in the Utah County Community Development Block Grant
The Community Development block Grant (CDBG) entitlement program is offered through HUD and allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities, principally for low and moderate income persons. The Utah County Consolidated Plan is a collaborative process whereby participating communities establish a unified vision for community development actions. As an urban county, Utah County receives CDBG funding from the US Department of Housing and Urban Development (HUD). The funding is allocated to jurisdictions and organizations in the region to carry out CDBG projects that align with the plan goals and priorities. Orem, Lehi, and Provo are entitlement cities and receive their own funds from HUD. Most cities in Utah County participate in the County CDBG program as administered through Mountainland Association of Governments. The resolution will authorize the Mayor to execute an interlocal agreement between Utah County and the City of Cedar Hills relating to the conduct of the CDBG program for the fiscal years of 2017 through 2019.
It's challenging for Cedar Hills to be eligible for many projects because we don't have low to moderate income housing in the city. Through this program, which we've participated in for years, it allows communities like ours to participate, though staff does not anticipate that we will receive any funding. Through MAG, there is a committee that determines which programs are eligible and which ones will receive funding. Funds go towards things such as handicapped accessibility projects, moderate income housing project, senior citizen center, etc. Our participation would be through Mayor Gygi voting at MAG meetings on the projects. Some projects that we could be eligible is adding handicap accessible curbing to sidewalks, elevators in public buildings, handicap accessible park equipment. The other cities who are part of this interlocal agreement are American Fork, Cedar Fort, Eagle Mountain, Elk Ridge, Genola, Goshen, Highland, Lindon, Mapleton, Pleasant Grove, Payson, Salem, Santaquin, Saratoga Springs, Spanish Fork, Springville and Vineyard. County gets about 1.2 million per year to distribute among the cities. Projects should be at least $30,000 to qualify. 15% goes to public service needs and rest goes to construction. Get approximately 8-10 project requests per year. Some years they can fund all, others there may be 1-3 that don't get funded.
It has not yet been reviewed by legal and there is a section that says we must have a policy prohibiting the use of excessive force by law enforcement agencies within our jurisdiction against any individuals engaged in non-violent civil rights demonstrations. I don't believe we have a policy about this so legal may need to draft one for us. Representative from MAG came to the meeting and stated that HUD has told them we do not have to have this policy as a written policy.
CM Crawley feels this is unconstitutional. Says there are limited things the Federal Government can participate in, and 10th amendment gives all other rights to the States. Says government takes funds through taxes, then comes back with strings attached. Feels it is against our oath of office to support things that are unconstitutional. Concerned as Federal Government grows that everyone wants to take from it while debt grows and entitlement programs grow. Like Animal Farm people will take it if it benefits them. Feels he must vote no because of unconstitutional issues. Feels taxes are more appreciated if it comes from local sources.
CM Zappala says Crawley's interpretation on the 10th amendment was ruled against by Supreme Court. Courts have consistently ruled that Federal Government does have authority in commerce and welfare clauses. Power to tax and spend is a power of the Federal Government. CDBG isn't unconstitutional just because he doesn't like how the money is spent. Agrees we must uphold our oath to support the Constitution and doesn't feel that this grant goes against the Constitution. Feels people who benefit from programs like Meals on Wheels appreciate the meal and don't first ask where the money came from to purchase the meal. Also, the taxes will be taken any way and we can apply to use it to support local programs.
CM Bailey says Constitution has been inspired of God, and this same God told us to take care of the meek and the poor. This program helps the disabled and low/moderate income families. MAG does Meals on Wheels program that helps poor and elderly. Supports this program as it meets what society should be doing.
I asked if this program has ever been challenged on being unconstitutional and was told no. I asked Mr. Shaw if he had any concerns with the constitutionality of the program and he said with respect to the 10th amendment he does not have concerns, nor with Federal Government's ability to collect and spend taxes.
CM Geddes doesn't feel there is a violation of the Constitution.
This was approved 4-1 contingent upon legal review. CM Crawley voting no.
Review/Action on Lakeshore Trails PUD Subdivision Fencing
As per City Code 10-5-18G, Lakeshore Trails must seek Planning Commission and City Council approval for the proposed subdivision fencing along Canyon Road. Per staff’s recommendation, the fence shall not exceed 6’ in height, fence must remain 3’ from any power pole, access to manholes to be approved by the City Engineer and Building Official, landscaping wall to remain less than 40” in height, and the slope is not to exceed 3:1. Planning Commission gave their recommendation on August 23. Fence will provide privacy and a sound buffer. CM Geddes will not be voting as he is an owner in this project. This was approved 4-0.
Nobody signed up.
City Reports
David Bunker - Soccer programs going well. Flag football starts tonight with 437 participants. Golf course netting is scheduled to be replaced during the first week of October. The Sparks Singers are renting a room at the Community Center on Thursday nights. TSSD met and discussed plant improvements. There is a PI water main that is damaged. Located on Canyon Road across from Morgan Blvd. Tank has water in it but it's anticipated that will be emptied tonight. There will be limited pressure as the tank is drained each day. Posted to Facebook, city website, and sent email throughout the city. Bayhill Park is out to bid and anticipated bid opening is September 15th and will be presented to the Council at next meeting. Contaminated water came down from Tibble Fork and there were high concentrations of heavy metals in the sediment. A fix has been made to stop this from occurring, but has determined the water doesn't exceed agricultural or recreational use limits. It is not safe for consumption, but never has been.
CM Rees - Parks & Trails Committee met. The breakfast was a success and they will continue this every year. Will need extra help with serving food and clean-up. Meeting at the roundabout at next meeting to discuss roundabout improvements and beautification.
CM Crawley - North Point Solid Waste voted to join the NUERA group to purchase the Bayview Landfill. Vote was 7-4 in favor. NPSW will have one member on the board of NUERA.
CM Bailey - Arts Committee met and is planning a date night for adults. It will be held in November in the Vista Room.
Review/Action on Resolution Authorizing City to Participate in the Utah County Community Development Block Grant
The Community Development block Grant (CDBG) entitlement program is offered through HUD and allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities, principally for low and moderate income persons. The Utah County Consolidated Plan is a collaborative process whereby participating communities establish a unified vision for community development actions. As an urban county, Utah County receives CDBG funding from the US Department of Housing and Urban Development (HUD). The funding is allocated to jurisdictions and organizations in the region to carry out CDBG projects that align with the plan goals and priorities. Orem, Lehi, and Provo are entitlement cities and receive their own funds from HUD. Most cities in Utah County participate in the County CDBG program as administered through Mountainland Association of Governments. The resolution will authorize the Mayor to execute an interlocal agreement between Utah County and the City of Cedar Hills relating to the conduct of the CDBG program for the fiscal years of 2017 through 2019.
It's challenging for Cedar Hills to be eligible for many projects because we don't have low to moderate income housing in the city. Through this program, which we've participated in for years, it allows communities like ours to participate, though staff does not anticipate that we will receive any funding. Through MAG, there is a committee that determines which programs are eligible and which ones will receive funding. Funds go towards things such as handicapped accessibility projects, moderate income housing project, senior citizen center, etc. Our participation would be through Mayor Gygi voting at MAG meetings on the projects. Some projects that we could be eligible is adding handicap accessible curbing to sidewalks, elevators in public buildings, handicap accessible park equipment. The other cities who are part of this interlocal agreement are American Fork, Cedar Fort, Eagle Mountain, Elk Ridge, Genola, Goshen, Highland, Lindon, Mapleton, Pleasant Grove, Payson, Salem, Santaquin, Saratoga Springs, Spanish Fork, Springville and Vineyard. County gets about 1.2 million per year to distribute among the cities. Projects should be at least $30,000 to qualify. 15% goes to public service needs and rest goes to construction. Get approximately 8-10 project requests per year. Some years they can fund all, others there may be 1-3 that don't get funded.
It has not yet been reviewed by legal and there is a section that says we must have a policy prohibiting the use of excessive force by law enforcement agencies within our jurisdiction against any individuals engaged in non-violent civil rights demonstrations. I don't believe we have a policy about this so legal may need to draft one for us. Representative from MAG came to the meeting and stated that HUD has told them we do not have to have this policy as a written policy.
CM Crawley feels this is unconstitutional. Says there are limited things the Federal Government can participate in, and 10th amendment gives all other rights to the States. Says government takes funds through taxes, then comes back with strings attached. Feels it is against our oath of office to support things that are unconstitutional. Concerned as Federal Government grows that everyone wants to take from it while debt grows and entitlement programs grow. Like Animal Farm people will take it if it benefits them. Feels he must vote no because of unconstitutional issues. Feels taxes are more appreciated if it comes from local sources.
CM Zappala says Crawley's interpretation on the 10th amendment was ruled against by Supreme Court. Courts have consistently ruled that Federal Government does have authority in commerce and welfare clauses. Power to tax and spend is a power of the Federal Government. CDBG isn't unconstitutional just because he doesn't like how the money is spent. Agrees we must uphold our oath to support the Constitution and doesn't feel that this grant goes against the Constitution. Feels people who benefit from programs like Meals on Wheels appreciate the meal and don't first ask where the money came from to purchase the meal. Also, the taxes will be taken any way and we can apply to use it to support local programs.
CM Bailey says Constitution has been inspired of God, and this same God told us to take care of the meek and the poor. This program helps the disabled and low/moderate income families. MAG does Meals on Wheels program that helps poor and elderly. Supports this program as it meets what society should be doing.
I asked if this program has ever been challenged on being unconstitutional and was told no. I asked Mr. Shaw if he had any concerns with the constitutionality of the program and he said with respect to the 10th amendment he does not have concerns, nor with Federal Government's ability to collect and spend taxes.
CM Geddes doesn't feel there is a violation of the Constitution.
This was approved 4-1 contingent upon legal review. CM Crawley voting no.
Review/Action on Lakeshore Trails PUD Subdivision Fencing
As per City Code 10-5-18G, Lakeshore Trails must seek Planning Commission and City Council approval for the proposed subdivision fencing along Canyon Road. Per staff’s recommendation, the fence shall not exceed 6’ in height, fence must remain 3’ from any power pole, access to manholes to be approved by the City Engineer and Building Official, landscaping wall to remain less than 40” in height, and the slope is not to exceed 3:1. Planning Commission gave their recommendation on August 23. Fence will provide privacy and a sound buffer. CM Geddes will not be voting as he is an owner in this project. This was approved 4-0.
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