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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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