Nobody signed up.
Consent Agenda
The minutes from the March 21, 2017 City Council meeting were approved.
City Reports
Chandler Goodwin - Several recreation programs are open for registration. Thanked all who participated in days of service at roundabout. Discussing with Parks & Trails Committee a new location for recreation signs. Bayhill Park is nearing completion and the Parks & Trails Committee will be making a recommendation on playground equipment. Golf maintenance building is also underway.
Mayor Gygi - LPPSD met but was mostly in exec session.
CM Rees - We need many volunteers for Family Festival so encourage residents to sign up.
CM Zappala - Service Day was a great success.
CM Crawley - Planning Commission met and discussed amending code to not require a bed and breakfast/reception center be designated as a historic structure. This will come to the Council for a vote.
Review/Action on FY 2017 Budget Amendments
The proposed amendments are as follows:
- 10-32-200 Building Permit and 10-32-210 Planning Check Fee revenues are being increased by $15,000 each that offset 10-60-215 Contract labor from Sunrise Engineering of $30,000 for reviewing solar and other building related transactions.
- 10-34-325 Passport Revenues are anticipated to increase an additional $30,000, which are partially offset by additional expenditures 10-40-200 Materials & Supplies of $2,000 and 10-40-281 Postage of $5,000.
- 10-35-110 Recreation Program revenues adjustment of $20,000 is partially offset by increased expenditures related to 10-65-400 Recreation program supplies of $3,000 and 10-65-550 Credit Card Fees of $2,000.
- The city continues to propose that revenues generated by the Youth City Council and Community Arts activities be committed to those purposes in future budgetary years.
- Due to slower than anticipated legal activity, and to apply best practices to manage general fund balance, the city proposes reversing the $200,000 10-36-903 Transfers in from Capital Projects fund and 40-96-100 Transfer out to the General fund for the current fiscal year.
- The city proposes 10-69-910 Transfers Out to the Capital Projects fund and 40-30-801 Transfer in from the General Fund of up to $400,000, so unrestricted fund balance will be in line the city financial policies and best practices of 16% and 25% of actual general fund revenues. This is also required by law as we are not allowed to have an unrestricted fund balance in the General Fund in an amount greater than 25% of revenues for the General Fund.
- 20-30-600 Season Passes and 20-70-600 Advertising need to be increased to recognize the no cash trades with Chase Media and Valpak.
- 10-69-915 Transfer Out to the Golf Debt Service Fund and 30-35-300 Transfer In form Other Funds of $50,000 to the golf debt service fund to prevent a property tax adjustment in the next fiscal year, and to potentially avoid negative fund balance. It should last at least 3 years. Anytime we do a property tax levy, the County allocated motor vehicle fees based on the property tax levy. Because our bond is included in our property tax levy, a portion of the motor vehicle fees goes to that fund.
- 40-80-817 Bayhill Park Project needs up to $175,000 to complete a pavilion, bathroom, playground equipment, and cover contingencies with the current contract. This will be funded with unrestricted fund balance in the capital projects fund.
- 40-95-135 Golf Maintenance Building needs an additional $50,000 for building improvements and 51- 16400 of $50,000 for golf maintenance storm drain/site work improvements based on the approved contracted bid. This will be funded with available net position.
- 40-30-902 Cottonwood Lot Proceeds adjustment of $120,000 based on sales activity through April.
These amendments were approved.
This has been an ongoing to discussion for the past several months. Please review my notes from previous Council meetings to find info on budget changes. The final budget will not be adopted until June.
We did discuss the Golf Fund in more depth tonight. Some interesting info from staff. First, our fees are generally on the lower end, though other courses give discounts that we don't, such as twilight rates, military rates, senior rates, etc.
Here is info on Fox Hollow Golf Course financials.
- Overall operational budgeted support from other funds $142,000, which is $5,000 less than last year.
- 165 acres of open space or $860 of operating support required per acre
- 54 acres of irrigation lines or $2,630 per acre of irrigation
- Other City Parks 33 Acres—Budgeted Cost Per Acre $6,616
- Capital Outlay—2 Rough Mowers $110,000
- Golf Cart Agreement Expires February 2018
- Green fees increased $5,000
- Pro shop revenue increase $14,000 and corresponding expense $12,000
- Overall wages and benefits decrease $600
- Supplies increase $2,500 for range balls
- Utilities increase $4,000 for electrical costs
- Repairs and maintenance course decreased $5,000
For Golf Debt Service Fund:
- Partially refunded 2005 General obligation was paid off 2/1/2016
- 2012 General obligation has principal and interest payment scheduled until 2/1/2035
- The principal and interest payments average approximately $384,000 annually
- The property tax debt levy remains flat at $309,970
- Fund balance of $10,000-$15,000 will need to make up the difference
Highlights for Water & Sewer Fund
- $877,255 wages and benefits or 29.2% of expenses
- $518,187 Timpanogos Special Service District (Sewer Charges)
- $396,802 principal payments on debt service
- Extra principal payment of $21,000 on 2009 Utility Revenue Bonds
- $198,324 interest and trustee payments on debt service
- $295,885 Rocky Mountain Power electrical costs
- $139,990 water purchases—Central Utah Water Conservancy District, Pleasant Grove Irrigation Company, American Fork
- $76,532 excise tax bonds debt service allocation (Public Works building)
- $65,782 motor pool charges
- $41,688 meter installation and maintenance
- $38,794 water construction projects
- $37,442 storm drain maintenance
- Bowen Collins adjustments are necessary for the following reasons:
- Pay as you go for necessary capital maintenance and improvements
- Offset very low impact fees
- Cover debt service
- 51-37-110 Water fee 6.4% rate plan increase
- 51-37-113,114 PI usage and base rate 0.0% rate increase
- 51-35-110 Storm drain 6.5% rate plan increase
- 51-38-110 Sewer 5.5% rate plan increase, propose lower rate of 3.0% as placeholder due to SEACAP study and TSSD uncertainty (algae issue in Utah Lake)
- $(24,116) 51-XX-110, 111 wages and 51-XX-150 benefits due to turnover
- Eliminating transfers out by moving excise debt service to fund
- Debt service coverage ratio is budgeted at approximately 1.34, and our bond covenants require a minimum ratio of 1.25
Because we have very little growth, we are collecting less in impact fees than other cities. Can't rely on impact fees for funding future projects.
Projects include:
- Storm drain/site work for Deerfield park
- Old Town storm drain retention $400,000
- Canyon road sewer $400,000
- Meter installation and maintenance $47,000
- Harvey well chlorination station FYE 2020 $80,000
- Cottonwood well chlorination station FYE 2020 $60,000
- New Jet/Vacuum truck for FYE 2018 $300,000- $400,000
- Irrigation pumps at Pond 10 and 12 will be adjusted, if necessary
- Harvey well replacement FYE 2025
Found out there was a landslide by Cascade Golf Course that compromised the integrity of the line used by Central Utah Project. There is a slight possibility that this could impact the amount of water we receive from CUP if it's not resolved by July. We don't rely on that water until July, but if an event like this did occur during our busy season, we would have to implement severe watering restrictions.
There was a brief discussion on PI water meters, with the following info being provided by staff:
Comparison on water:
The tentative budget was approved.
Review/Action on Amending Code Related to Business Licenses
Recently
passed legislation SB0081 states: “A municipality may not require a license or permit for a business that is
operated only occasionally; and by an individual who is under 18 years of age;
or charge a license fee for a home based business, unless the combined offsite
impact of the home based business and the primary residential use materially
exceeds the offsite impact of the primary residential use alone.” As a result of this legislation, Cedar Hills staff is proposing changes to
Title 3 of the Cedar Hills Municipal Code that will take into effect the
changes from the legislative session.
The following definitions were added:
HOME BASED OFFICE: A
business conducted entirely out of the home, where the public and/or employees
do not enter the home, where there is nothing produced, and where there is not
a material impact.
HOME BASED BUSINESS: A
business conducted entirely out of the home, the public and/or employees may
enter the home, goods may be produced, and there may be a material impact. A
home based business is required to have a business license.
MATERIAL OFFSITE IMPACT:
An impact that a residential home based business has that exceeds the impact of
a residential home alone. The impact may be based on traffic, noise, lighting,
odor, or utility services. Businesses that are determined to have a material
offsite impact shall be required to pay all business licensing fees.
OCCASIONALLY: A business is operated occasionally when the operation of
the business occur less than four times per year or on a seasonal basis and by
an individual who is under the age of eighteen (18).
Under when a license is required, the following was added:
4. Legally registered charitable and non-profit organizations or
501(C)(3) and legally registered 501(c)(4) organizations and recognized as such
by the Internal Revenue Service.
5. A home based business that is operated only occasionally and by
an individual who is under 18 years of age.
6. A home based office.
Under "fees" the following was added:
9.
Fee: Fee to be paid. If it is determined that the
impact of a home based business materially exceeds a standard residential
dwelling, the owner of the business shall be required to pay for a business
license; such a determination shall be made by the City Business License
Official.
Under "requirements" changes include:
A. Compliance: Each place of business may be inspected by
the city for compliance with building, fire, land use, and health codes prior
to opening for business. No business shall be registered if the premises and/or
building to be used are not in compliance with the building, fire, land use and
health codes. An inspection shall may be
required when the general public or a nonresident employee will be entering the
business, a product is produced, and/or when hazardous
chemicals and/or materials are located at
the business. (Ord. 3-20-2012A, 3-20-2012)
This was approved and will be effective as of the date the law was signed by Governor Herbert.
Review/Action Dissolving Committees
When a citizen committee has served its purpose or discontinued meeting, it should be dissolved by resolution until a future time when the committee may reconvene. These committees convene for a variety of reasons. The Golf Course Finance Committee met to discuss the financial state of the golf course; they presented their findings to the community in a town hall meeting. The Water Advisory Committee met to discuss the water needs of Cedar Hills; they also presented their findings to the community in a town hall setting. Other committees such as the General Plan Committee met to help guide a discussion on the community. Stakeholders met to discuss the future vision of the community. If the time comes that the committee should be reformed, they may reconvene by resolution of the City Council. This was approved.
Review/Action on Amending Code Related to Campaign Finance Disclosure
In reviewing and preparing information for the upcoming municipal election, the city recorder is updating the city code. Recent legislation changes campaign finance disclosure requirements, and definitions. The proposed ordinance will bring the code into compliance with the state code. The changes will be as follows:
1. Candidates for municipal office shall (a) report all of the candidate's itemized and total: (1) contributions, including in-kind and other nonmonetary contributions, received up to and including five days before the campaign finance statement is due, excluding a contribution previously reported; and (2) expenditures made up to and including five days before the campaign finance statement is due, excluding an expenditure previously reported; and (3) identify for each contribution, the amount of the contribution and the name of the donor, if known; and (4) identify for each expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or report the total amount of all contributions and expenditures if the candidate receives $500 or less in contributions and spends $500 or less on the candidate's campaign. Within 30 days after receiving a contribution that is cash or a negotiable instrument, exceeds the anonymous contribution limit, and is from a donor whose name is unknown, a candidate shall disburse the amount of the contribution to: the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund; or an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
2. The definition of “anonymous contribution limit” means for each calendar year: $50.
Review/Action on Interlocal Agreement with Utah County to Conduct Vote By Mail Elections
Due to the increased interest of cities wishing to conduct all vote by mail elections, the Utah County Clerk Elections Division met with city recorders earlier this year to propose offering their services in assisting interested cities in conducting their vote by mail elections. The county would be in charge of administering the all vote by mail elections, including the processing, mailing and counting of the ballots. The cost of the election will be shared between the county and the individual cities, and an Interlocal Cooperation Agreement would be entered into that sets forth in writing the agreement regarding the joint administration of the 2017 Municipal Primary and General Election.
I asked if the cost was less than our current process and if residents could still take their ballot to the city office instead of mailing in and was told yes on both. I like vote by mail because it has increased voter participation and allows residents to vote from home while being able to do research on candidates on a computer.
CM Crawley expressed concern because of voter fraud. Said some in our city received two ballots last time and said there were other issues. You don't know if the person who cast the vote is actually a resident in their city, or actually the person to whom the ballot belongs. Colleen (our city recorder) said the County has a large database and verifies the signatures on the ballot. If there are any issues, the voter is contacted. Law says the County has to contact the voter within a certain number of days. Signatures either match or they don't. Ballots don't get forwarded if the resident has moved. On Election Day, if someone says they didn't a ballot they can go to the city office and fill out a provisional ballot. This goes to the County to verify signatures and that the person is a registered voter. Colleen said if there were risks or significant problems, we would have heard about them. Lt Governor is advocating vote by mail. Other states have been doing vote by mail and have very minimal issues with fraud. Mayor Gygi said he is fine reaching out to Lt Gov office to see if they have any concerns or issues.
This was approved 4-1 with CM Crawley voting nay.
Review/Action on Resolution to Place PARC Tax on Next Ballot
In 2008, voters in the City of Cedar Hills considered and approved via general ballot opinion question, a local sales and use tax of 0.1% of particular transactions to fund cultural facilities and organizations, recreational facilities and programs, zoological facilities and organizations or botanical organizations. Per Utah State Code Title 59, Chapter 12, Part 14, the tax may be reauthorized at the end of the eight year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the first step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action to Discontinue Membership with ULCT
This was a resolution being recommended by CM Crawley. Cedar Hills is scheduled to pay the ULCT $5,118.71 in membership fees for FY18. These fees are based on assessed property values, population estimates, and sales tax revenues. ULCT serves as a lobbying group that works to preserve local authority at the state level. Representatives from ULCT also offer multiple trainings to elected officials, planning commissions, land use authorities, staff, and others on the processes in local government and best practices.
CM Crawley feels trainings are helpful but can still attend and pay without being a member. Legal services can come from our attorney. Problem he has is that it's become a government appendage and is a powerful lobbying group, but lobbying efforts aren't always in favor of residents. Upset that funds from gas tax went to UTA and ULCT helped push this through. Residents want gas tax to go to local roads, not UTA. In public office you sometimes take off your resident hat and put on city hat and look at increasing funds for city instead of decreasing tax for residents. Resident tax dollars are used to go against what residents want.
I believe we should continue with ULCT. While there have been times they have advocated for things that raise taxes (such as an increase in the gas tax), it is generally to help cities fund infrastructure needs, such as roads. They have also advocated for other items that have benefited our city, such as changes to GRAMA laws and zoning laws. We also have access to their legal team and policy experts. They provide daily updates and tracking on bills as they go through the legislative process and advocate on behalf of municipalities. ULCT gets their marching orders from the Legislative Policy Committee (LPC). Every member city can have multiple representatives on the LPC. We've only ever had Mayor Gygi on this committee, but we can have our city manager and 2 members of the Council also participate. Any council member who has a concern with the direction of ULCT should voluntarily serve on the LPC. ULCT will continue to lobby for their member cities and will continue to be a powerful voice. If we terminate our relationship, it won't impact their influence, it will simply eliminate any voice we have in the process. From my experience, ULCT does care about the smaller cities and advocates for them, as well as larger cities. We definitely should hold them accountable for some recently exposed financial practices, and I would like more info on how ULCT is addressing those issues. But instead of walking away and losing any voice we have with the State Legislature, I believe it would be more effective for more of our elected officials to step up and serve on the LPC.
Mayor Gygi said he hasn't ever seen ULCT lobbying for anything that the member cities haven't advocated for. ULCT will put policies in place to make sure the financial issues won't happen again.
CM Zappala said it's laughable that ULCT be labeled liberal when it's populated by conservative officials from throughout a conservative state.
The resolution was rejected 4-1 with CM Crawley voting to discontinue. We will continue as members of ULCT.
Review/Action Related to Resident, Staff, and Council Use of Golf Course
Councilmember Rob Crawley has proposed two resolutions:
1) Whereas elected officials have a responsibility to vote in an unbiased manner regarding the spending on the golf course. Whereas the golf course represents an asset that has significant costs to residents that benefit in varying degrees from the golf course. Whereas free golf awarded to elected officials can give bias in fact and/or bias in appearance to elected officials: Therefore, the City Council resolves that from this time forward, neither current elected officials, nor previously elected officials, shall be given preferential treatment over residents in regards to usage of golf course facilities including green fees, driving range usage, golf carts usage, product purchases, etc.
CM Geddes said he's a golfer. He didn't run for City Council to get free golf. He's been a season pass holder since golf course opened. Proud that he knows the golf course, where things need to be fixed. He loves taking his friends and neighbors to the course. Feels his contribution to revenue has been helpful. Feels this is a great benefit for officials and employees. It's a great way to enjoy nature and get exercise. Wishes more council members would use it so they are aware of what's going on at the golf course and driving range. Isn't offended by this and is happy to pay for his golf, but wishes the City Council would use the benefit. Recommends we continue the policy of free golf and encourages City Council to get friends and neighbors on the golf course. Every resident gets a coupon for one round of free golf every year, but very few people use it. Less than 30 did this last season. It's not a perk outside the realm of the norm.
Mayor Gygi said a policy has been in place that elected officials only get free golf if they bring paying customers with them. This was more of a recommendation than a policy, so this would make it a policy. Wishes people were bringing golfers every single week and golfing. Solution is listed below in #2, below.
2) Whereas the golf course is rarely operating at capacity, and the more paying customers that the city can attract, the less financials resources are required to subsidize the golf course: Therefore the City Council resolves that all residents, employees and elected officials are allowed a free golf game when bringing with them a minimum of two additional customers paying full price for green fees.
I don't have a strong opinion either way, but my only concern is that is singles out only one type of our recreation offerings, where we don't give the option for free recreation programs for basketball, soccer, etc. Some families may never want to golf but would like to get a free sign up for basketball if they enroll 3 kids.
CM Zappala said if we make it permanent, he would limit to a certain number of times per year as we might see a loss in revenue.
Chandler said he recommends it be a six-month trial to see how it goes.
#1 was rejected 4-1, but #2 was approved 5-0 stating that all residents get free golf when bringing with them three full paying customers, and this policy will be in place for two months as we determine the impact. Elected officials and employees were not included in #2.
Review/Action Amending Code Related to Performance Guarantees
In 2015, legislation was passed that changed the duration and amount of durability bonds that contractors and developers posted as part of making public infrastructure improvements. Currently Cedar Hills requires a 20% durability bond to be held for two years. Changes restrict that limit to 10% for a term of one year. This was approved.
Discussion on AF Canyon Water and Soil Testing
Cedar Hills has taken water, soil, and sediment samples throughout the City
-Water sample at pond 10 weir
- Sediment sample at pond 10
- Water sample at pond 12
-Soil sample at Mesquite Park
-Water sample at Heritage Park diversion dam
-Sediment at Heritage Park near amphitheater
-Sediment sample at hole 10 green
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