Public Comments
Dave Free - Lives on Oak Road. There is a section where the sidewalk cannot be built due to retaining walls on Sandalwood. New house just built slopes down, and on bottom is weeds and dirt. Would like to see it leveled out with some nice rocks or something to make it look nicer. Has lived here for 20 years. Doesn't mind the native look, but dislikes the weeds. Also, kids have to cross the street because sidewalk is not completed on one side. Would like to see sidewalk installed or a speed bump so kids can cross safely.
Rhett Barney - Lives on Morgan. On May 8th there was the PI break on Morgan. Sent an email to the city with info on all the damages. City told them to call a disaster cleanup group, which they did. Because sewer was involved, have gone to HOA president and homeowners insurance and both denied claims stating city should be responsible. Would like to recoup the amount of loss.
City Reports
Chandler Goodwin - Several rec programs have just finished, but are starting several more. Open registration for lego camp, flag football, soccer, and musical theater. Held several golf clinics. Promoting reduced rates during hottest summer months and teaming up with Ernie's on some additional promotions. Bayhill Park equipment to be delivered on July 24th with installing complete by end of the month. Planning Commission will hear application to move a piece of land from the public facilities zone to the residential zone on Oak Road.
CM Zappala - Resident has reached out to him regarding controlled burn permits and the smoke this activity generates. Neighbor had a permit and the smoke was so bad she couldn't open her windows or be in yard. Does Council want to make legislation on open fires such as this during the summer months? CM Bailey said he would be supportive of banning those types of fires during certain times of the year. There are regulations with the permit stating the permit holder is supposed to control the smoke, etc. Another resident concern was regarding solar energy. A neighbor installed a ground-based solar system and if it's rotated, it overlooks neighbors yard. Feels it's an eyesore and worried about property values having this large structure. Would like the Planning Commission to consider change to ordinance to allow for rooftop solar but not ground solar.
Mayor Gygi - MAG meeting again n August. Will be discussing the County's relationship with cities. LPPSD is searching for new fire chief.
Discussion on Insurance Coverage for Utilities
Darrell and Brian Child, from Olympus Insurance presented to the Council an overview of the City’s insurance policy and coverage regarding the recent Morgan Blvd PI line break. Chandler Goodwin says staff reached out to each of the affected homes and requested info on amount of damage and restoration costs. Total cost being requested for all four homes is $50,258.99.
City's current insurance coverage includes city facilities, parks, streets, utilities, and planning & zoning. Liability insurance will respond to clams that are made alleging acts of negligence. Also has a duty to defend claims that are made against the city. Negligence is a failure in a prescribed duty, such as maintaining water and sewer lines, including failure to respond to a known problem or defect. A finding of no negligence is based on historic "sovereign immunity", which is designed to protect the common assets of a community. In Jenkins vs. Jordan Valley Water Conservancy District, a water line ruptured and Utah Supreme Court held that as Jordan Valley didn't have previous knowledge of problems, they could not legally be held liable.
Some communities have adopted "good neighbor no-fault policies" to assist those who don't have personal insurance coverage that cover accidental water discharge or back-up of sewers or drains. There is no legal requirement for a city to have this, but some do to help their residents. Most homeowners insurance coverage will cover accidental water discharge, but some have restrictions on this when it only occurs when it comes from the home. Most plans only offer sewer backup insurance as an add-on to basic plans. Recommends that if we come up with good neighbor policy, it include some educational materials to residents with info on homeowners coverage and add-on options.
I believe it is a good idea to research this further. I requested we review policies from other cities of our size to understand what is covered, how much, in what instances, etc. I like the idea of having some educational materials going out as well. Having a set policy provides direction when these instances occur in our city.
Any payment made to the residents on Morgan comes out of Water & Sewer Fund. In 2012 during a sewer backup on Manila Creek which resulted from vandalism to our sewer system, the city provided some coverage to each home, but did not cover costs in full.
Mayor Gygi said there is a precedent set, but city cannot have a policy of always covering these types of instances. In the emergency management townhall for next year the city will include info on insurance coverage. Would like Olympus to adjust these claims and try to find common ground and come to compromise.
CM Geddes said homeowners can get an add-on for fairly cheap for sewer backup. Asked about Manila Creek issue on how a determination was made and Chandler will do some research on that. Agrees with having Olympus adjust these claims.
CM Bailey said it's frustrating that we all have these insurance policies and would expect these things would be covered. No insurance wants to take responsibility. Insurance can get complicated and most expect that when something happens it will get taken care of.
I agreed with Olympus adjusting the claims. I would also like to understand how we came to the numbers we did with the Manila Creek incident, and would also like to see how other cities of our size have covered this and at how much.
CM Zappala - Also frustrated with insurance situation. Likes good neighbor policy and would like us to budget for these claims.
CM Andersen - Agrees with good neighbor policy and wants info on Manila Creek resolution.
Review/Action on Ordinance Regulating Fireworks
The City Council is granted the authority, by Utah State Code, to adopt ordinances that are “necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City.” Due to the dry environment that exists on the hillside, it is necessary to prohibit certain types of fireworks that pose a threat to residences in the area. The recommendation made is an ordinance that would amend Cedar Hills City Code 5-2-3 by prohibiting the discharge of aerial fireworks in any part of Cedar Hills east of Canyon Road where the threat of fire is greatest.
I recommended instead of an ordinance that just restricts the east side of Canyon Road, we instead have our ordinance reference the map we created at the last meeting, which shows other areas in the city where aerials and non-stationary fireworks are not allowed, such as native areas on Cottonwood Drive and Oak Drive. Instead of of having to change the ordinance on an annual basis based on weather conditions and areas of the city, we can instead reference the map and change the map as needed, based on weather conditions. It then becomes an administrative issue of updating the map instead of having to call special Council meetings. Also, changing the restrictions year after year becomes confusing and hard to follow for any of us. Having consistency makes the ordinance easier to follow. There is some argument that we shouldn't have many restrictions and instead encourage personal responsibility. Statistically, only 10% of costs associated with fire damage have been recouped at the state level, so those taking responsibility for fire damage is low. Also, we have restrictions in place with the intention to protect the property and safety of those in the community. We have rules regarding parking, landscaping, fencing, chickens, large and small animals, etc. These restrictions are put in place after many hours of discussion and research and aren't arbitrarily made. Restricting aerials in areas of our community where we know the fire danger is higher is the responsible course of action to take in protecting the safety of the residents. This was approved 4-1 with CM Zappala voting nay as he would have preferred to ban aerials throughout the city.
Review/Action on Adjusting Boundary Between PG and Cedar Hills
In accordance with Utah Code both municipalities involved in a boundary adjustment are required to pass a resolution indicating the intent to boundary adjust, hold a public hearing, pass an ordinance authorizing the boundary adjustment and submit the ordinances and supporting documentation simultaneously to the Lt. Governor’s Office within 30 days of enacting the ordinance. Cedar Hills adopted Resolution No. 01-17-2017D, indicating the intent to boundary adjust the Dennis and Karla Thayne property (4087 Canyon Road, Cedar Hills, Utah), held a public hearing, and adopted Ordinance No. 03-07-2017A authorizing said boundary adjustment. Pleasant Grove City adopted their ordinance on April 18, 2017 but submitted their documentation outside of the 30-day filing period. The Lt. Governor’s Office informed them that they are unable to process the boundary adjustment because of the missing the deadline. This now requires both municipalities to adopt another ordinance authorizing the boundary adjustment and get it submitted within the 30-day filing period. This was approved 4-1 with CM Bailey voting nay.
Review/Action on Placing PARC Tax Question on November Ballot
Per Utah State Code Title 59, Chapter 12, Part 14, a CARE or PARC 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 next step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action on Adopting MAG Pre-Disaster Hazard Mitigation Plan
The Mountainland Association of Governments has updated their Pre-Disaster Hazard Mitigation Plan which is meant, “to fulfill federal, state, and local hazard mitigation planning responsibilities; to promote pre and post disaster mitigation measures, short/long range strategies that minimize suffering, loss of life, and damage to property resulting from hazardous or potentially hazardous conditions to which citizens and institutions within the state are exposed; and to eliminate or minimize conditions which would have an undesirable impact on our citizens, the economy, environment, and well-being of the state of Utah.” The plan being presented is an updated version of a previous plan that was adopted by Cedar Hills by Resolution 2-15-2005A. This was approved.
Discussion on Private Signs on Public Property
With Ernie’s Sports Deli taking over the grill space, discussions have been had about how to best advertise for whoever the tenant is. Currently, City Code regulates commercial signage in 10-5-26 (D). Staff is seeking City Council input to take to the Planning Commission in order to begin to possibly draft code. Additionally, any amendment would need to be reviewed by the city attorney for legal issues. According to our city attorney, allowing private signs on public property can become a first amendment issue. He will provide a legal analysis of this issue for further discussion.
