Council Meeting - March 21, 2017

Public Comment
William Patten - Lived in Cedar Hills for 19 years. Loves the golf course. Feels taxes are well worth it. Loves food truck rally. Employees of golf course do a great job. He's a jogger/walker. There is a trail by the first hole and a golf cart path that links. Would like allowance for walking on golf cart paths and would be willing to sign a waiver. Feels the danger is as great on the trails near golf course as there is on the golf paths. Would like the city to be more citizen friendly and allow for this. Accommodate the people of the city as citizens pay the bond. Today as he was driving down Cedar Hills Drive, there was a semi truck driving down Cedar Hills Drive. Would like us to restrict semi trucks on Cedar Hills Drive.

Consent Agenda
The minutes for the following meetings were approved: January 7, 2017 and February 21, 2017.

City Reports
Chandler Goodwin - Jr Jazz ended with 1,051 participants. Starting bowling league, soccer, and summer coding classes. New Hope Bible Church hosted a movie night in the Vista Room last night. Golf Course is open. Thanked everyone who participated in Emergency Prep night.

CM Zappala - Parks & Trails is working on service days. These will be April 8th and 22nd and will be working on the roundabout on Cedar Hills Drive. Will take out all vegetation in the center and replacing with new plants.

CM Geddes - Finance Committee met and we'll talk during budget item.

Mayor Gygi - LPPSD meeting on April 20th. Discussed water and soil testing, details can be found below on that agenda item. This is his number one priority and will report to public.

CM Rees - Family Festival Committee is already signing up vendors, parade entries, etc. There was some change for the food truck vendors due to legislation changes, but this is beneficial to food trucks as it reduces the fees they need to pay with regards to business licenses.

Review/Action on Conditional Use Permit for Outdoor Storage at Walmart
Assistant Manager from CH Walmart presented. Last year they had items stored in the parking lot. Reevaluated what they wanted to do this year to make displays more appealing. Displays are next to building. Brick and lumber displays will be used.

Walmart entered into a development agreement that prohibited the outdoor staging and sale of goods. The Development Agreement states: 9.4 Outdoor Storage: The developer agrees that except for the areas designated in the Approval Documents, or in subsequent and separate outdoor sales area conditional use permits, there will be no storage allowed temporarily or permanently outside of the Wal-Mart Facility. Walmart has staged flowers, pavers, fertilizer, mulch and other spring garden supplies on the outside of their store. They are proposing to continue to stage these goods through July, and are seeking a Conditional Use Permit allowing them to continue to store these goods for the duration of a year.

Walmart is proposing the following:
This year we are limiting the outside the store merchandise displays to next to the building, no merchandise will be displayed in parking stalls. The following descried what and how the merchandise will be displayed and there locations.

• Location (F) - On the south side of the building top soil and mulch will be displayed on pallets.
• Location (E) - flowers will be arranged on tables with trees to the side of the tables. The flowers and trees will continue on to the west side of the building
• Location (D) - the flowers again placed on tables that will be placed against the buildings outer walls with the trees as well and lining the flower beds on the Westside of the store
• Location’s (A, B, & C) will be used to build displays that correspond with the season these displays for the spring and summer will consist of grills arranged on a three level stone display flowing with the buildings décor, bikes will be lined side to side, and we will also have firewood will be showcased on pallets

We had a lengthy discussion about this last year and allowed Walmart to put flowers, trees, and other plants in the front, but contained other items such as paving stones on the south side by the garden center. I would like to continue with what was approved last year as it maintains the look and feel we have required in our community for all businesses. The original ordinances were created by previous Councils to keep our community standards high. From the June 21, 2016 Council meeting "Motion was made to allow for living plants and flowers in zone 10 and 11 (front of store), all other outdoor items will be limited to zones 5, 6, 8, 9 (south side of store) and must be kept clean at all times. Motion was approved 5-0." I feel this was a good compromise and would like to keep it the same. Chandler said he feels Walmart has done a better job of making the presentation look nice and reduce the clutter. Appreciates they are asking in advance. Says he hasn't received complaints from residents.

CM Geddes said as long as it's tasteful, he's fine with allowing other items up front. 

Mayor Gygi doesn't like it went government micromanages business. CM Bailey agreed. Bailey also reminded Walmart that residents don't like the cobblestone.

CM Zappala asked about permit process, thought it was drafted by staff. Chandler explained the process that the Council goes through. Asked Walmart to get hand held baskets for shoppers. Made motion to approve conditional use as separate outdoor use areas with conditions:

• Store outside materials as indicated by map supplied
• Keep all outdoor storage materials in neat and tidy condition
• End date of 10/1/2017

CM Bailey asked Walmart that we keep entrance looking classy and immaculate. This was approved.

Review/Action Adopting Municipal Wastewater Planning Program
The Utah State Department of Environmental Quality requires that Cedar Hills submit an annual report for our “Municipal Wastewater Planning Program” collection system and financial evaluation. We have prepared the report for review. The State Water Quality Board requests the following action be completed by City Council: 1) City Council acknowledges that they have reviewed the 2016 report and 2) If applicable; City Council has taken all appropriate actions necessary to maintain effluent requirements contained in the UPDES Permit. As a note, this year the report indicates that the City of Cedar Hills does not have a Direct Report (DRC) for the water system. The City has one year in which to find a qualified individual to serve as the DRC. Currently Jeff Maag is attending trainings in order to be certified as the DRC for Cedar Hills. This was approved.

Review/Action Amending Agreement with Lone Peak Public Safety
The amendment to the interlocal agreement allows the Mayor of each member city to make an appointment to the Board on an annual basis rather than a full four-year term. This appointment is made official by approval of the City Council. LPPSD board has already approved this change and it just needs to be ratified by each city. This was approved.

Review/Action on Mayoral Assignments
The following appointments were approved:

Discussion on FY18 Budget
A summary of the biggest changes for the General Fund are as follows:

Revenues

• Sales & Use Tax expected to increase $37,000
• Licenses & Permit revenue expected to decrease $38,000 due to new legislation
• Class C Road Funds expected to increase $10,000
• Revenue from Passport services expected to increase $70,000
• Overall recreation and events center revenues expected to increase $19,500
• Overall General Fund increase is $106,534 or 2.6%

Expenses

• Legal expenses expected to increase $30,000 due to anticipated litigation
• Mayor and Council wages going up $396 based on proposed merit increase. I would prefer not to raise elected official wages.
• Administrative services decreasing $57,000 due to as we aren't hiring a new assistant city manager
• Election expenses increasing $14,500 as it's an election year
• Finance department decreasing $20,000 due to not replacing city manager and using seasonal help
• Public safety expenses increasing with most of it for fire and police - LPPSD is increasing $23,911, and AFPD increasing $14,027
• Public Works expenses increasing $27,381 mostly due to due to upgrade truck to a diesel, which will help us with snow plowing
• Street expenses increasing $10,000
• Solid Waste increasing $8,000
• Parks expenditures increasing $24,800 due to a 20% increase in the maintenance contract, which will go out to bid.
• Subsidy to golf fund from general fund expected to increase $26,000. This is because we will no longer be using water and sewer funds to fund water/sewer usage at the golf course. This is because of new legislation regarding enterprise fund transfers that require a lot more work by cities.

Golf Fund are as follows:

• Golf revenue expected to increase $12,500
• Overall expenses expect to decrease $4,009
• Purchase of mower and tractor expected to be $80,000

Capital Projects Fund:

• Loss of $40,000 in CARE tax revenues as it was voted down in the last election

Water/Sewer Fund

Revenues

• Revenues will rise to account for anticipated expenses. Revenue mostly comes from user fees.

Expenses

• $34,000 increase in engineering services for water
• $20,500 increase in water construction/repair projects
• $30,000 increase in PI expenses
• $15,000 increase in engineering for storm drain
• $13,000 maintenance for storm drain

Discussion on Reconfiguration of Baseball Diamond at Heiselts Hollow
Public Comment:
Matt Spurgen - Lived in CH for 16 years. Believes baseball for girls fields should be standard. Girls softball fields are a different size than boys. Need a place to play softball. Having diamonds for both provide more opportunities.

Abby Bailey - Supports idea for changing ball diamond so it can be used for girls softball.

Councilmember Bailey has asked staff to look into the option of reconfiguring the Heiselts Hollow baseball field to be used as a multipurpose field. Currently the infield of the baseball diamond is grass; reconfiguration would include removing the grass and replacing it with dirt. This would allow the field to be used by both baseball and softball teams in the community. Staff has met with other cities and found this is common in many other cities. Talking with Highland they found that baseball leagues have partnered and donated funds to make these reconfigurations happen. Estimated cost if $5,000 for dirt and $1,000 sprinkling system to moisten dirt when playing. Highland uses a dirt conditioner to help dirt maintain moisture, which is about $1,000 ever other year. Recreation staff and leagues are in favor. Right now girls have to go to other cities to play. Will happen at end of season as season starts soon, and funds can come from parks maintenance budget. This was unanimously approved.

Discussion on American Fork Canyon Water
In light of the Tibble Fork Dam incident last August where sediment was released downstream which contained heavy metals, Cedar Hills is closely monitoring the spring runoff. Cedar Hills pressurized irrigation system is partly supplied by water from American Fork Canyon. While individuals should never drink irrigation water, Cedar Hills wants to ensure that the water that is being supplied to the residents complies with safe water standards. In order to closely monitor the situation, staff is recommending that the City conduct soil tests prior to, and a month after the irrigation season begins, as well as testing the spring runoff water directly. These tests will monitor current levels of heavy metals in the soil and water as well as after the spring runoff.

The following information was provided via the city's FB page today:

We have taken samples from the following locations and will deliver the samples to Chemtech-Ford tomorrow for testing.

1) Water sample at pond ten weir.
2) Sediment/soil sample at pond ten near water inlet.
3) Water sample at pond 12.
4) Sediment sample at Mesquite Park.
5) Water sample at Heritage park at diversion dam.

Test results should be available for the water samples in approximately 30 days and the sediment samples in 45 days. The City will continue to test in April when the water season officially begins, and again a short time thereafter to run some more soil tests. We intend that the results of these tests will be sent to DEQ and will be released to the general public.

City Council Meeting - March 7, 2017

Public Comment
Pablo Montes - Lives in Cedar Hills and owns several properties in Cedar Hills. Three years ago he was interested in running the Grill at the Community Center. Expressed that intention but bid was awarded without any notice to him. Talked with mayor about issues with golf course. In December when he realized the last grill renter was leaving, he went to city offices and spoke with staff (Jeanine) and expressed desire to run the grill. Was told we would announce when we were ready to accept RFP's. Found out today that it was awarded and no notice was given. Upset about the process, feels it isn't transparent. Would like to have a voice in the process even if he doesn't run the grill. Disappointed that the city didn't advertise so he could submit an RFP when city knew he was interested. Mayor asked Chandler Goodwin to schedule a meeting with Mr. Montes to discuss further. Mr. Montes is interested in helping run the food truck rally at this point and Mr. Goodwin will discuss with him.

Consent Agenda
The mayor, with the advice and consent of the city council, shall appoint a city manager within a reasonable time whenever a vacancy exists in such position. Such appointment shall be without definite term and shall be at a salary to be fixed by the city council by contract, resolution or ordinance. The city manager shall be appointed without regard to any consideration other than his/her abilities, integrity, competency, training and experience as a city manager. At the time of his/her appointment, he/she need not be a resident of the city or state, but during tenure of office he/she shall reside within the city, except at the discretion of the city council. No member of the city council nor the mayor shall be appointed city manager during the term for which he/she shall have been elected, nor within one year after the expiration of his/her term. We had approximately 24 applications and an extensive interview process. Chandler Goodwin was unanimously approved as the new City Manager.

City Reports
Chandler Goodwin - Thanked the Council for the vote of confidence. Grill has had a soft opening and will have grand opening on April 1st. Soils class is occurring. Have received two sponsorships for Family Festival. AFPD will present tomorrow on domestic violence, this is a meeting for all residents. Emergency Prep townhall on March 14th and all are invited.

CM Rees - Family Festival is working hard already. Rhonda Bromley will be our Grand Marshal.

Mayor Gygi - LPPSD met in exec session only.

CM Zappala - State of the City is nearly complete and will be sent to Council for review.

CM Bailey - Dispatch meeting this week.

Review/Action on Boundary Adjustment with Pleasant Grove
On January 17, 2017, the City Council adopted Resolution 01-17-2017D, indicating the intent to boundary adjust the following property from the municipal jurisdiction of the City of Cedar Hills to Pleasant Grove City: Dennis and Karla Thayne 4087 Canyon Road, Cedar Hills, Utah In accordance with UCA 10-2-419, a public hearing is held, and in that no protests have been filed with the city recorder, the code requires that the legislative body adopt an ordinance approving the adjustment of the common boundary.

Review/Action on Awarding Bid for Parks Master Plan
We discussed this last week as well, so there are more notes on my last blog entry. The City of Cedar Hills made a request for proposals (RFP) to create a Parks, Trails, and Recreation Master Plan. The plan will use feedback from the residents, staff and the City Council to recommendations for any short-term and long-term maintenance/improvements to our city parks, trails, and recreation programming.

Staff and the Park’s Chairman, Boyd Wilkins, recommend that the City Council review and approve the lowest cost, qualified proposal by In Site Design Group, subject to legal review. The key qualifications in staff’s analysis were the following: 1. Willingness to set aside sufficient time for committee meetings, unbiased neighborhood and citywide input through surveys, open houses or town hall meetings 2. Cost effective/Innovative project design, 3. Relevant construction cost projections for an action plan, and 4. Usefulness of schematic designs included. 5. Experience collaborating. As the city is close to build out, a traditional park master plan that deals with growth is not as relevant, as a park master plan that focuses on community feedback, and produces a cost effective action plan with useful, innovative designs. Each landscaping architect firm was responsive and excellent in responding to requests from staff. They each showed a willingness to meet the needs and wants of the city, but we didn’t think the other firms’ proposals were providing as much value to the City of Cedar Hills, as In Site Design Group. For the price of $26,420, In Site Design Group offered to make a traditional park master plans with simple schematic drawings, or they are willing to reallocate their time to make a cost effective traditional phase 1 and phase 2 hybrid type plan that focuses more on community input and more detailed schematic designs and less on impact fee type of information for the same price.

This was approved, subject to legal review.

Discussion on Highland Gardens Water Connection
There was extensive conversation in the last Council meeting on this topic, so you can view my notes from the last meeting. As a summary from staff, Cedar Hills provides water to a limited number of users that are outside the jurisdictional boundaries of the City; Cedar Hills also receives water from other jurisdictions. Cedar Hills is required to meter and backflow protect each point of connection and we require metering and backflow protection at all service connections. Highland Gardens (AF City) submitted a permit application for a new larger culinary water service to their property on 4800 N. Cedar Hills staff reviewed and approved the permit with conditions that the water be metered and protected for backflow. American fork City reviewed and approved Cedar Hills’ plan review and the proposed equipment. A permit was issued 11/2/15 and the property owner’s contractor proceeded to install the new water line but failed to install the required meter, backflow devise and meter box. Staff reviewed the permit at the time of expiration and contacted the owner with a request for final inspection. During the inspection it was noted that the owner had made the connection to the Cedar Hills water main and had energized his new lateral without authorization. The owner and AF City were notified that the installation was not installed as per the approved plans, that the permit was no longer valid and that the lateral valve had been closed. The owner contacted Mayor Gygi and staff for a review of his project. Staff agreed to a permit extension for an additional 180 days. This permit extension expires April 14, 2017; at which time staff will close the street valve if the project is not completed as per the approved plans. Considerations: 1) The project includes the addition of a new 6” culinary water service lateral to private property outside Cedar Hills’ jurisdiction. This service will provide water for a fire suppression system and hydrant. 2) Cedar Hills ordinance requires that all service laterals be metered (7-1B-6). 3) Backflow protection is required by City Ordinance (Chapter 5). 4) Owner to provide and install backflow device (7-5-3, B, 2). 5) Meter and backflow equipment must be listed for fire service.

Jeff Maag (Public Works Director) presented. City is responsible to protect the city's water system. Code as outlined above does require what was included in the permit. The reason these meters haven't been required for businesses within the city is because we have access to those lines to check at any time. The lines going into those business for fire suppression are dead end lines that loop and that we have authority to maintain and flush so backflow isn't a concern. Jeff also is comfortable with that arrangement with Walmart and McDonalds because they built their system to code, where he says Highland Gardens did not. He says Highland Gardens setup doesn't meet international plumbing code or our city code. Says both AF City and Highland Gardens were aware of the permit requirements when they installed the system.

The issue is that what we are requiring of Highland Gardens isn't required of the businesses located in Cedar Hills, and that is causing frustration for the owner of Highland Gardens. CM Geddes reached out to Mr. Bunker and he felt that creating an easement where we could access and monitor the line would be sufficient in order to eliminate the need for the backflow device and meter. Another issue is that the line the property has isn't the right size required by code for fire suppression. Code requires hydrant be connected to an 8" line, but his is a 6" line. There is some concern about liability for that as the fire suppression system may not work as needed. Another issue is that this is a private system, not a public system, which means the city doesn't have oversight of the system. The hydrant system in our commercial zone use public hydrants, whereas Highland Gardens is a private system. Warinski Funeral, which is also in AF but gets water from us, has a backflow prevention and uses a public fire hydrant instead of a private fire suppression system.

Staff will continue to work with the owner of Highland Gardens and American Fork to see if a resolution can be agreed upon.

Discussion on Community Events at Vista Room
At the last Council meeting, a discussion was held about the use of the Vista Room for community events. Staff was directed to draft a policy that could be adopted that would guide both the Council and staff in the use of the Vista Room. Staff has met and has drafted a policy that allows for community events to be held by working with the proper group, and sets up a best practice for when these types of events should occur. The first draft of the suggested policy is as follows:

I shared my perspective from the history surrounding this building. Originally, a committee was formed and tasked with giving a recommendation to the Council for how to use recreation impact fees. That Blue Ribbon Committee recommended that $1m of the city funds be used to build a golf clubhouse, which would include a reception center, and the $3m in recreation impact fees be used for a separate building to be a recreation center. There was a lot of contention throughout the city with some residents upset with how the recreation impact funds were being spent. The Council at the time decided on one building due to a variety of factors. However, reading through past city minutes and having had discussions in the past with former council members, it has been my understanding that the intent was always that the building would be first a community center. Some statements from city minutes:

C. Jackman stated that he is concerned with using recreation center money when the designation of the building includes a golf pro shop and a reception center. He would like to emphasize that the primary purpose of this building is recreation. He is in favor of striking the term “events” from the name.

C. Jackman stated that there is two million dollars in restricted funds for recreation and $850,000

in unrestricted funds. He feels the priorities are backwards, and the recreation facility should bebuilt first with the two million and then the CERC second with the remaining funds. The Citycan then find additional funds to complete the CERC if needed. If the CERC needs to be builtfirst, then the Council needs to remember that the two million is for the recreation center.

C. Perry stated He spoke to Mayor Sears who stated that the recreation impact fee was for a recreation facility and pool.... The Blue Ribbon Committee spent a lot of time and discussed how much money, ranging from zero to one million should be used for this facility. This proposal is for much more and disregards the Committee proposal.

C. Martinez stated it is a community building. The Council needs to look carefully at the programming. She is open to suggestions and other opportunities that are revenue generating. She believes the cart space can be redesigned, and the events center could be reduced.

MOTION C. Kirk - The City Council finds that the City is approving and awarding a bid for a recreation center. And also finds that the variety of recreational activities expected to occur at or be directed from the recreation center will vary and change from season to season and from year to year...., authorizes the mayor to sign the construction contract and for the mayor to work with staff to provide a variety of recreation services and activities in the recreation center that will serve the most families and citizens in the City of Cedar Hills. 

AMEND MOTION: C. Jackman - To amend the motion by directing the mayor and staff to change the name of the building by removing “Events” and referring to the building as the Community Recreation Center and emphasize recreation activities. Accepted by C. Kirk and seconded by C. Martinez. Yes - C. Jackman C. Kirk C. Martinez C. Wright Motion passes.

Understanding the frustration that existed during this process, the recommendation of the Blue Ribbon Committee, and reading through the direction given by a previous Council, I feel that what was represented to residents was that the priority would be recreation and community events. I would like to see that emphasis through community events, even if it means we need to reduce our revenue expectations from the Vista Room. I don't suggest we eliminate our revenue, but am fine with reducing it somewhat to make the facility more available to residents for community events. I'm fine with events being approved and overseen by a committee, that is a good way to make sure it is handled fairly. But I would like to eliminate the restriction to certain nights and/or only allowing it to be scheduled within a 30 day window. I realize that this Council has different priorities, but my feeling is that residents would appreciate more of a community center. I appreciate staff working to find opportunities for the facility and would encourage committees and residents to also give input and recommendations. 

CM Zappala agreed with this assessment and recommended we soften the language to allow for two days per month that can be used for community events and booked more than 30 days in advance. CM Geddes said he supports more community events but isn't sure we've prohibited anyone from using the space. I explained that limited to Mondays and Tuesdays makes it challenging. In our community, the predominant faith has activities that make Mondays and Tuesdays challenging and allowing weekends makes it more accessible to residents. 

Chandler said they would work on brainstorming some ideas to make both work. Attorney David Shaw will also work to make sure that the way the city determines what is deemed a community events is legal and doesn't violate anyone's first amendment rights.