Tuesday, August 29, 2017

City Council Meeting - August 29, 2017

Work Session

A group has approached the city expressing a desire to build a storage complex at St. Andrews Estates, which is property owned by the city in the northeast corner of the city, right off Canyon Road. Originally they were interested in the commercial area, but this use is not an approved use for that area, so our realtor suggested St. Andrews Estates as a potential option. He feels this is a good use of that area and would be aesthetically pleasing.

Scott, the storage complex developer, presented their concept plan. Said if it is zoned commercial then the city can charge more for the property. One entrance allows the project to be visibly attractive and cuts down on traffic. Because it's commercial, the property tax revenue from this building would be more than residential. Having homes in the area increases risk for the city if homes are damaged by golf balls. The project assists with the retention of the hillside as some of the units are along the back and are known as storage condominiums as people can actually purchase the storage units instead of leasing them each month. Some of the units would be large enough for RV's.

This area is zoned residential and has been since the lots were created. Storage units, or any other commercial venture, cannot be built in this area unless a zoning change occurs. I am opposed to rezoning this area for commercial use.

Next discussion was whether or not we should change the name of Deerfield Park to Harvey Memorial Park. Originally we had offered this as part of the negotiation because the land price at open space rates was less than what they would get from a developer. They rejected that offer and the offer to have it named after them. The final offer we made and that was agreed to was for the city to purchase the land at developer rates. Now they are requesting that we change the name to Harvey Memorial Park. I requested that we send this back to the Parks and Trails Committee to discuss as that is a role they should have with their assignment. However, the rest of the Council felt it was fine to change the name as requested by the Harvey's.

Council Meeting

Public Comments
Nobody signed up.

Consent Agenda
The minutes from the July 18th and August 1st council meetings were approved. Charl Louw was appointed to the Parks and Trails Committee.

City Reports
Chandler Goodwin - Soccer and tot soccer started last week. Flag football registration has closed with 55 children signing up. Starting a new free program called "Mommy and Me Songmaker", which is for kids not yet in school. Karate is going well. We had about 500 people attend our city breakfast. Harvey land purchase has been finalized and recorded on Friday. Next month is the ULCT conference in Salt Lake City.

Mayor Gygi - LPPSD audit was completed. KSL will be reporting on it tonight. There were no financial misdeeds, but did provide some guidance on things that could be done better with regards to credit card use and a few other items. Staffing at LPPSD is low. They will rotate keeping Cedar Hills and Alpine open until staffing issues are resolved. Highland will remain open at all times. MAG is looking into whether or not Utah County can overrule an approval made by MAG and their TAC committee.

CM Geddes - LPPSD audit items were fairly standard and he doesn't see any issues.

CM Anderson - Planning Commission will be meeting later this week.

CM Bailey - Burn season is going to be the month of October. If a resident wants to burn, they need to apply for a free burn permit.

Discussion on Solicitation
Keith Irwin - He is retired and volunteers in various capacities, so he travels a lot. He has neighbors who also travel quite a bit. It's a concern when they come home and see several flyers left on their door as it sends a message that nobody is home for extended periods of time. The solicitation ordinance the city currently has is related to face-to-face interactions. He would like to see an update to the code that if there is a no soliciting sign on the door, flyers cannot be left.

Chandler did research on codes from other cities. Each city has their own rules on business licensing and soliciting. Our code is on par with other cities. His concerns are first, are we infringing on first amendment rights. Second, non-profits generally are allowed to leave notices on doors. He would recommend residents let neighbors know they will be gone and ask the to remove flyers. Enforcement only happens when someone notifies the city.

CM Bailey understands his concern. He has seen vacant homes with piles of flyers stacked up. His only concern is that those handing them out may not know they can't leave them on the door of a house. Asked if there could be a service offered by the city similar to the post office, where a resident asks the city to monitor their home and remove flyers when they are out of town. Chandler said that would be difficult to do as we don't have enough staff to handle that.

CM Andersen said she wants to allow church groups and neighborhood notices to still be allowed, even with the no soliciting sign.

My thought was to keep it limited to only homes with no-soliciting sign and for profit organizations. Non-profit groups such as scouting and neighborhood notices would be allowed. If a resident gets a flyer on their door and have the no-soliciting sign, they can notify the city and the city can follow-up with the business to make them aware of the rules with regards to flyers on homes with a no-soliciting sign.

David Shaw (city attorney) said this isn't a new issue. Can put up a sign saying "no commercial soliciting" to allow for church groups, eagle scouts, etc to still leave flyers. City can have an ordinance such as what is being proposed.

Discussion on Canyon Road
Peter Henderson - Representing himself and Scott Ceraso. With the Canyon Road plans going on, there has been a lot of discussing among residents. Scott's main objective is to get Mayor Gygi and all council members to provide a written statement on their views for the future of Canyon Road. Peter's perspective is that he moved where he is because he wanted a large piece of land that nobody was going to bother him about and that nobody would take. He doesn't care what happens with Canyon Road as long as his property isn't taken. He has fixed the safety issues that affect his land. It would be great if Canyon Road improvements were made but he also understands the cost and practicality of doing so.

Mayor Gygi said he has stated his position to Scott and has nothing new to add.

Chandler presented on the 60% plans. He's been asked if there is an equitable distribution of the MAG funds between Cedar Hills and Pleasant Grove. He feels it is not equitable. Intersection of 2600 North in PG is getting a significant reconfiguration, which includes curb and gutter along Canyon Road. The County has said they don't install curb and gutter on county roads, but yet they are in this section. South of that area, eminent domain is being used to widen the road, add shoulders, and add curb and gutter. At the area where it changes from PG to Cedar Hills, the type of road also changes. They are doing a full depth reconstruction on the PG side and just an overlay on the CH portion. That means in a few years we are going to have many of the same issues that we face now as it won't fix many of the issues. The intersection of 4000 N is also getting a reconfiguration (located in PG), which is getting a turning lane and curb and gutter. On 9220 N. in Cedar Hills the county is adding a catch basin manhole to address some of the drainage issues that exist there. There will also be some re-configuring of the intersection at SR-92. While there are some items that benefit Cedar Hills, most of the money is being spent south of the canal.

CM Zappala agrees and said this is what the residents who are meeting are concerned about. Many residents don't want the size of the road increased as it increases speed. Would rather like turn lanes, lower speed limits, and long term planning for things such as crosswalks, sidewalks so kids can walk safely on the road.

Chandler said a turning lane heading south and turning on Box Elder would be helpful as cars just stop there. Also, with a shoulder it gives more space for bicyclists.

Jeff (our public works director) said he met with the county last week. They are going to make some changes within the Cedar Hills section. The area between Bayhill and Morgan will be improved to address gutter issues. The widening of the road was based on feedback from bicyclists. It doesn't give them a bike lane but more space in the lanes. They are looking at cutting costs in some areas as they feel the current plans will exceed the funds available. He expects the 90% plans will see some cutbacks.

Discussion on Subsidizing the Bookmobile
Utah County has notified municipalities that they will no longer be funding the Bookmobile going forward. Should cities want to have the Bookmobile stop in their jurisdiction, they will need to pay a fee to the County based on the number and duration of stops desired. The following is from the County:

Total Bookmobile Checkouts: 5,277
Total Active Cardholders: 141
Cost to continue Bookmobile (two stops per month)
1.0 hours per stop = $2,808
1.5 hours per stop = $4,212
2.0 hours per stop = $5,616
2.5 hours per stop = $7,020
3.0 hours per stop = $8,424

Chandler looked at current library reimbursement program and we generally do about 300 reimbursements per year. Feels there are three options available. 1) Fund the bookmobile at some level; 2) Increase library reimbursement amounts instead of bookmobile, or 3) Do nothing. The decision was made to not continue with the bookmobile.

Discussion on Park Reservation Policies
I requested a discussion on City Park Reservation Policies, specifically a requirement to provide a $500 deposit for any event that involves large tents, vehicles, bounce houses, etc. The policy is put in place to collect for any damages that should occur as a result of the event. To date, staff is unaware of any instance where the deposit has been forfeited as a result of damage. Some suggestions from staff include 1) reduce the deposit amount, 2) allow using a credit card for the deposit, and 3) altering the agreement stating the city can seek damages, when necessary.

Direction to staff was to make it easier for residents to reserve the park. This could include reducing the deposit amount, not requiring a deposit to be made until 7 days before the event and then we just hold the check instead of cashing it, etc. This will come back for further discussion when staff has some ideas drafted.


Tuesday, August 1, 2017

Council Meeting - August 1, 2017

Public Comment
Jennifer Barney - She is one of the residents impacted by the Morgan Blvd PI break. Appreciates services provided to the city. This is a difficult position to be in. She's lost 1/3 of her home. Financially, she can't absorb that. She will have to take the loss in her property value. Doesn't care who is liable, just wants her home back. She's looking to the city to help with that. She has talked with an attorney and was told usually those who own the pipes take responsibility. She wants the city to be fiscally responsible, but not at her expense. Would like the Council to consider why we've chosen to serve. Is it to help people of the community? If so, she's asking for help to become whole. Would also like the Council to consider that the owners aren't asking for outrageous amounts. Aren't trying to come ahead, just want to be made whole. There is no loophole with her insurance to get this covered.

Review/Action on Resolution Recognizing Kylee Wunder as a Cedar Hills Champion
As part of the Cedar Hills Champions Program, the city would like to recognize Kylee Wunder. Thirteen year old Kylee has been a lifelong fan of soccer and has spent many years playing and enjoying the sport with her younger twin brothers, both of whom are autistic. Kylee saw the need for a soccer camp for autistic children in Utah County and reached out and gathered the support of Utah Valley University, several local businesses and volunteers to create and implement the Moving Mountains Soccer Camp for autistic children. Please see the press release on the city website for more info.

Recognition of Chief Brad Freeman

Consent Agenda
Minutes from the June 20th and June 28th meetings were approved.

City Reports
Chandler Goodwin - Flag football and tot soccer registration ends next week. Lego registration ends this week. Bayhill Park playground equipment has been delivered and installation has begun. Currently soliciting an "against" opinion for the PARC tax, as required by law.

Mayor Gygi - Next MAG meeting is Thursday.

Denise Andersen - Planning Commission met last week. Many residents showed up to give input on Oak Road parcel. PC tabled the action pending info from our attorney and so that the entire PC could participate in the discussion. Also discussed option of artificial turf for landscaping, which will continue to be a discussion item. Discussing ordinance for ground solar units.

Review/Action on on Coverage for Morgan Blvd PI Line Break
Staff reviewed the claims from the PI break with our insurance adjustor. Based on their recommendations, staff is proposing that the city cover the full cost of mitigation and partial cost of restoration. The mitigation claims total $27,555.80 and the restoration costs total $13,222.19. The funds would come from the Water & Sewer Fund. Staff indicated precedent isn't being set as each issue is being reviewed on a case by case level. They are working on an official policy for future issues, including a "good neighbor, no-fault" coverage self-funded by the city.

Mayor Gygi said the only way to approve something tonight is if all council members agree, as we only have 3 council members in attendance tonight. If it's not unanimous, it must be tabled. He feels morally the city should do something to help these residents. All residents should contact their homeowners insurance to find out what coverage they have as most don't have all the coverage they could have. One example is water that originates outside of the home, which is an additional rider that has to be purchased. Because we have maintained our pipes, our insurance won't cover these claims as they only cover in instances where the city is negligent. The city isn't legally obligated to help, but he feels we should. Agrees we should cover 100% of mitigation and 50% of restoration costs.

Staff is not making a recommendation on what percentage of restoration should be covered. In a past instance of sewer damage, 60% of restoration was covered.

CM Bailey recommended the city cover mitigation and restoration at 100%. Insurance is eager to take money but won't pay claims.

CM Andersen said she has a house that flooded with sewage and thankfully her insurance covered it. She's is sympathetic and persuaded to agree. I was persuaded as well.

Approved 3-0 to cover 100% of the mitigation and restoration costs, but not for replacement of personal property and misc costs, such as increased electricity

Discussion on Qualtrics
Staff has met with representatives from Qualtrics to discuss Cedar Hills using Qualtrics software to perform surveys. The agreement is based on the number of responses per year. The surveys could be used as a bench marking tool to help staff measure year-over-year changes to programming and city services. The agreement allows for up to 5,000 responses per year. These responses could be from a resident survey, recreation participant survey, event center rentals, or golf patron surveys. Qualtrics is known worldwide and has worked with many cities.

Chase Winder with Qualtrics presented. Surveys allow cities to receive feedback and take that info to make decisions. They are already working with several cities from throughout the State. Provo has been using for 8 years to get the pulse of their residents. Felt it allows residents who can't attend council meetings to still have a voice. Cities can do specific surveys, such as public works, parks planning, general services, etc.

Review/Action on Release of Performance Bond for Amsource Development
Amsource has requested the acceptance of the public improvements construction and the release of the construction/performance guarantee related to “Cedar Hills Retail”, except that portion to be held as the durability retainer. The requested release amount is $47,640.80. The durability retainer amount is $25,710.86. Staff has done the required inspections. This was approved.