Wednesday, September 26, 2012

Council Meeting - September 18, 2012

Work Session/Town Hall

A town hall meeting was scheduled to give residents an opportunity to review options for the completion of the CoRec basement. The work session was dedicated to receiving comment.

Heidi Willis - Wants a dance room with mirrors and a dance floor, cardio room, instructor led spin classes. Most interested in adult recreation classes and early morning.

Angela Johnson - Wants to know the cost for each option presented. Councilmember Martinez explained that the recreation team was first seeking to find out what residents were interested in and then would put them out to bid to get quotes. Mrs. Johnson feels it is difficult to have this conversation as to what we want before we know how much it will cost.

Molly Remund - Wants everything but first wants to know how much it will cost before deciding. Would really like a library.

Jean Mather - Would like a library for children. She feels that having a library onsite will generate more interest for other programs being held. She also likes having a dance area.

Marisa Wright - Wants Option A, which is finishing the entire basement with all equipment and a rock wall. Our youth is growing, we need these now before the kids get too old to utilize it. Says we should do it now and do it right. Likes the bouldering wall and says it will be good for tweens. Also recommends having a teen movie night because youth need a place to hang out. If we don't have the money for finishing and equipment then she recommends we build it out now then use future CARE tax revenue to purchase equipment.

Jason Rose - Likes Option A because it has something all of his kids could use. Has gym membership and would rather spend his money here. Likes both instructor led courses and cardio room.

Jill Deargee - Goes to fitness classes now and likes Option A. Says we need to be patient and give the rec program time to grow. We need a big enough area for future growth. Wants dance glasses. Does not want library, only wants revenue generating activities.

Kayla Rose - She is 15 and wants a gym at the rec center. Also likes instructor led classes.

Kurt Whitlock - Likes Option B, which is finishing the basement but no rock wall. Wants us to use the use-it-or-lose-it funds. Hesitant to compete with private business. Wants the City to focus on growing commercially and not having the City compete with private business.

Steven Hurt - If we want kids to come to rec center then we need digital options. More games and technology, that is what kids like. Look for used items instead of buying new equipment. Get private bids that would be less than government bids.

Amy Edwards - She teaches classes at CoRec. Need mirrors and fans. Tweens are interested in dance classes.

Emily Flygar - Likes fitness classes. Likes Option B with equipment. Bouldering wall takes up too much space and teens will only use a few times before they get bored with it. Men need weights and bigger equipment as well as more space. Wants to see us make this available to LPPSD firefighters. Feels Option A is geared towards women only.

Eric Schloer - Kids love music. Make CoRec an after school hang out with music. Schedule dances.

Jill Griffiths - Teaches classes at CoRec. Need classes for tweens. Classes can deal with childhood obesity. Likes Option B with equipment. She would flip the plans so the cardio room is on the other side.

Council Meeting

Public Comment
Ken Bacon - Wants to add third car garage but current code doesn't allow for this on his lot. Wants code changed for odd shaped properties. Gary has asked David Bunker to work with Mr. Bacon to get more details.

Jerry Dearinger - Wants to know how the City determined that only 13 homes were affected by the water issue experienced on Mahogany when there were many more homes on the Manila Water system. He has had issues with his meter. David Bunker explained that other areas were using the same lines they've been on, this subdivision was the only one that went on a line that wasn't being used. Also, we do monthly testing and have done additional testing because of this issue and all other lines have tested fine.

Consent Agenda
Minutes were approved for the following meetings: June 19, 2012 Council meeting and public hearing; July 10, 2012 Council meeting; July 19, 2012 Council meeting; July 31, 2012 Council meeting; August 7, 2012 Council meeting and public hearing.

Public Hearing on Planning Commission Membership
Angela Johnson - Doesn't feel that Planning Commission members should be paid, this should be a committee of volunteers.
   **Currently, all Planning Commission members have opted out of receiving payment.

Review/Action on Ordinance Amending Compensation for Council
During the last Council meeting there was a discussion on moving away from paper agenda packets and instead giving each Councilmember an $11.50/month technology allowance to purchase a device that allows for electronic packets to be received. It was determined that doing so would save the City $1180 per Councilmember over a four-year term. A more detailed review can be found on my last blog post at http://jenneyreeschcc.blogspot.com/2012/08/council-meeting-august-28-2012.html. Councilmembers have been receiving a monthly stipend of $75 for a cell phone. This new ordinance would include the $11.50 technology allowance for a new monthly stipend of $86.50. This was approved unanimously.

Review/Action on Ordinance Amending City Code Regarding Planning Commission Membership
There are currently two vacancies on the Planning Commission. Mayor Gygi has asked that the number of alternates on this group be expanded from two to three. CM Jackman was concerned as to why, wanted to know if we weren't having enough members show to have a quorum. He feels it may already be too big. CM Zappala recently served on the Planning Commission and said it is not uncommon to miss meetings because of individual schedules. CM Augustus says there have been many times when there are not enough members in attendance to form a quorum. I expressed that because this is a volunteer group I can understand that work and family needs have to be the priority. Mayor Gygi said that in addition to this, there were three very qualified people who applied that he would like to appoint to the committee. Mr. Dodge, who was in attendance, also stated that family time can interfere with meetings. The recommendation to expand the number of alternates from two to three passed 3-2 with CM Augustus, Zappala, and Rees voting aye and CM Jackman and Martinez voting nay.

Amended Agenda Item - Appointing New Members to Planning Commission
The recommendation was made to appoint Bradley Webber, Michael Geddes, and Emily Cox to the Planning Commission. This was approved unanimously.

Review/Action on Resolution to Combine the Recreation, Parks and Trails and the Beautification Citizen Advisory Committees
CM Martinez and I had discussed this at length. There are many instances where these two committees seem to overlap. The Parks and Trails committee had been dissolved awhile back and the main areas that our Beautification committee can beauty are parks and trails. This combined group will work together and will advise the Council on projects and lobby for funds. Will also look to utilize scout groups more often. This was unanimously approved.

Review/Action to Award Micro Surface Project to Geneva Rock
Bids were sent by the City for road maintenance projects needed on 4600 West, Redwood Road, north end of Cottonwood Drive, and Briggs/Nielsen Blvd. This is a type 2 microsurface, which is a thin set asphalt overlay. This is good for high use roads and is better than slurry seal. Will start at approximately 9880 N on 4600 W, go to Redwood Road, then to Cottonwood to Mesquite. Residents affected will receive a door notice. Notice will also go on the website and in the newsletter. Should start in mid-October and is estimated to take about four weeks. Geneva Rock was the lowest bidder at $125,200. This motion to award this project to Geneva Rock was unanimously approved.

Review/Action on Water Charges Reimbursement
On September 4, 2012 the City was alerted that residents on Mahogany Drive and 9220 North had water that was discolored and tasted bad. The Public Works team flushed the lines but the water was still discolored so these residents were put on a different water line until the issue could be resolved. It was soon discovered that the old line, which had been installed over a decade ago but only started being utilized in July after the transfer of some residents from Manila Water, had a cross connect with the PI system. The issue has been resolved and further information can be found at http://www.cedarhills.org/node/1659. The recommendation made was to waive and/or credit the culinary water and PI charges for the 13 affected households from July through September, which were the months they received contaminated water. The total financial impact is approximately $3,200. This was unanimously approved.

Discussion on Options for CoRec Basement
The town hall was a great way to get resident feedback. However, we do need some approximate figures on what each option will cost. Greg Gordon is working on this. Discussion will be continued.

Discussion on Allowing a Resident to Operate a Cat Boarding Business
A resident has approached the Mayor requesting they be allowed to build a cat boarding business in their basement. CM Jackman feels we should not limit this to cats and wants to know what other cities are doing and why. Discussion will be continued.

City Reports
David Bunker - TSSD has a meeting on Thursday. David will be out the week of September 24th.

CM Rees - State of the City newsletter is complete and being mailed to residents. Town hall meeting will be on September 25th. Two new press releases have been issued. Up to 82 Facebook likes.

CM Zappala - Town hall committee met to discuss topics for future town hall meetings. Is working with local Stake Presidents to coordinate plan for emergency situations.

CM Martinez - YCC met and will be doing an activity on October 29th from 6-8pm. This will be a pumpkin walk, carving, costume contest. Raising funds for Santa's Workshop. We have a new golf manager. Did not have enough volunteers to put flyers on doors for every resident.

CM Augustus - Planning Commission will meet with new members.

Mayor Gygi - Reminder to Council to be working on Council vision and goals.

There was no executive session.

Friday, August 31, 2012

Council Meeting - August 28, 2012

Work Session

The Work Session was used to discuss items on the agenda for Council Meeting.

Council Meeting

Public Comment
There were no sign-ups for public comment.

City Reports
City Manager - Reminded the Council about the ULCT meeting in September.

CM Rees - I am attending a meeting in September regarding the U.S. Military and the Community Covenant Program. I will report on what is discussed. The State of the City newsletter is complete and is now with a graphic designer. She will have a sample layout to me by the end of the week. The plan is to have it to residents no later than September 18th, and we then have a town hall meeting scheduled on September 25th at 7:00pm to cover those topics. We are getting more likes on our Facebook page. The Yard of the Month program is almost complete and the Beautification Committee is discussing plans to do a Lights Up contest for the month of December. I spoke with CM Martinez about merging the Beautification Committee with the Parks & Trails Committee as these two frequently overlap. She agreed and we would like to proceed with this. Both Stephanie and I would work with this new committee.

CM Jackman - He has a few upcoming meetings. No new updates at this time.

Mayor Gygi - The County is still talking about restructuring the TSSD board. Mayor Gygi has reached out the various special service districts and let them know that Cedar Hills wants representation on each of them. Mayor Gygi will not be giving CM Zappala any assignments as of yet while we wait to see what happens with these boards.

CM Martinez - YCC is having a car wash fundraiser on September 4th from 3:30pm - 5:30pm. Proceeds go to the Santa's workshop. This will be near the roundabout by Walmart. Tot soccer is now going and sign ups for flag football are happening. Other cities are going to be highlighting our recreation programs in their newsletters as we don't have non-resident fees. We have hired two recreation staff coordinators. We've also hired a new Golf Operations manager as Jim Madsen has left. This new manager comes from Fox Hollow golf course. The new fall fitness calendar is now online. The Grill has new fall hours of 10am-8pm. Hart's is planning a grand opening for October 4th, but that is not yet certain so we will not advertise until we have a definite date. Family Festival dates for 2013 are June 10th-15th.

CM Zappala - Having a meeting with residents on August 30th at 5pm to discuss resident involvement in planning town hall meetings.

Discussion on Community Recreation Center Basement Options
Greg Gordon and Kaity Whittaker presented four options for the completion of the basement. Those options with their pros and cons can be viewed on the City's website at http://www.cedarhills.org/sites/default/files/agendas/city-council-agenda-packet-2012-08-28.pdf.
A general list:
  • Plan A is finishing the entire basement at this time. Allows for more recreational opportunities and frees up the Vista Room for golf tournaments and other events. This option is the most expensive.
  • Plan B is finishing the basement but does not include any recreation equipment or a bouldering wall. This is cheaper than Plan A and still allows for the Vista room to be utilized for revenue generating events; however, it limits the amount of recreation that residents can participate in if there is no equipment. Would mainly be used for classes.
  • Plan C is finishing just the North side of the basement. This is cheaper than Plan A & B but still allows for current recreation classes to be moved downstairs so that the Vista room is used for revenue generating activities. Limited recreational activities for residents, but would allow for the same classes we currently offer and a few more for instructors who want a more traditional flooring.
  • Plan D is doing nothing with the basement. There is no cost associated with this option; however, we do have an opportunity cost that comes with losing the ability to open the Vista room to revenue generating activities, such as golf tournaments and other events.
We have asked for a cost breakdown for Plans A, B, and C. The approximate construction cost is $50 per square foot. Mr. Bunker also mentioned that CARE tax funds could be used for this project. We currently have a little over $100,000 in CARE tax funds.

My two cents - I am hesitant to complete the basement at this time. I understand the need to open up the Vista room for tournaments and events that may bring in additional revenue. My concern is that we do have an open lawsuit against the City filed by the Utah Homebuilders Association. This announcement can be found in the August newsletter. This lawsuit is regarding our recreation impact fees and the building itself and I am uncomfortable spending any additional money on the CoRec until we see what happens with this lawsuit. Unfortunately, because this is an open lawsuit I cannot give more details at this time. I have expressed my opinion several times that we should wait and see what happens with this lawsuit before proceeding with the basement. However, I would also encourage residents to reach out to other councilmembers who disagree with me as they have very good arguments for moving forward.

Secondly, I suggested that we get more resident input before proceeding. During the Mayoral and Council appointments we heard over and over from the applicants that the City needed to be more proactive in getting resident input before spending money on large projects. I completely agree. The Council agreed this was a good decision so opted to have our next work session focus on getting resident input on the different basement options. On September 18th we will have an open house and work session regarding the CoRec basement. The open house will be from 5pm-6pm and will give residents a chance to look around and talk with Councilmembers one on one. The work session will start at 6pm and residents will be encouraged to give feedback and thoughts on how we should proceed. Again, I would recommend that residents speak to Councilmembers beforehand and during the open house.

Review/Action on Communications Stipend
David Bunker presented this analysis. Currently, the City spends $36.05 per agenda packet per Councilmember for the printing and assembling of paper agenda packets. We average about three agenda packets each month. The suggestion is to stop printing paper agenda packets and instead provide each Councilmember with an iPad valued at $550 to receive an electronic agenda packet. The cost for this over a four-year term would be $11.50 per Councilmember per month, with an overall savings of $1180 per Councilmember over a four-year term.

After some discussion the Council decided that instead of having the City purchase iPad's for each Councilmember, it would instead give a technology stipend to each one and they would be responsible to purchase their own device. Each Councilmember will also decide whether to receive a monthly stipend in the amount of $11.50 per month or could choose to receive the entire $550 upfront if they needed it to purchase a device right away. While the full amount of the stipend will be provided upfront for any council member who needs it, each will be expected to reimburse the city for the remaining balance if they don’t complete a four-year term. The technology allowance will be prorated for the existing Council based upon the number of months left in their term.

The motion to approve the communications stipend passed. The press release can be viewed at http://www.cedarhills.org/node/1616.

Review/Action on Appointment of New Members to the Planning Commission
Cliff Chandler has resigned from the Planning Commission and Daniel Zappala is now a Councilmember and can no longer serve on the Planning Commission. David Driggs and Tonya Edvalson who have been serving as alternates will fill these two open seats. However, this agenda item has been postponed for a future time as David is reviewing noticing and application requirements to fill the open alternate spots.

Discussion on Commercial Zone Line Extension Agreements
Hart's Gas Station has installed water, sewer, and PI lines in their development and would like the City to enter into an agreement to protect these assets. They would like the City to agree that if another developer builds along those improvements and wants to connect to them then that developer will be responsible to reimburse Hart's for a portion of the improvements. Hart's has provided the City with a sample agreement. This agreement is being reviewed by our attorney who will provide us with a revised copy that is specific to Harts and Cedar Hills.

There was no executive session.

Monday, August 13, 2012

Council Meeting - August 7, 2012

Work Session

The Work Session was spent reviewing items on the agenda for Council meeting.

Council Meeting

Public Comment
Nobody signed up for public comment.

Consent Agenda
Minutes from the June 5, 2012 Council meeting and June 19, 2012 Council meeting and public hearing were approved.

City Reports
Rees - I am continuing to work on the State of the City newsletter and plan on having it out by the end of August or first part of September.

Martinez - Sign-ups are happening for tot soccer. Lego teams are meeting this month. The YCC was in charge of the family games for Relay For Life in Lehi and did a great job with it. Recreation staff needs direction from the Council on our fields. Other groups use our fields for sports programs and staff is wondering if we should charge for the use. Currently we do not charge, so we do not recover any costs for maintenance or damage. Mayor Gygi asked David Bunker to research how other cities handle this and to give a recommendation to the Council.

Augustus - Working with a contractor on drawings for the CoRec basement.

Gygi - North Pointe Solid Waste has renewed their contract with Waste Management. Utah Valley Dispatch is still looking for a new location.

Bunker (City Manager) - The Utah League of Cities and Towns annual conference is this fall in September. He and Mayor Gygi had a meeting with Pleasant Grove to discuss some of the issues. He met with Zions Bank to discuss low interest rates, but it still doesn't make sense to refinance the golf course bond at this point due to negative arbitrage issues.

Review/Action on Appointment of City Recorder
Colleen Mulvey was hired as our new City Recorder. She served as the Deputy City Recorder in Pleasant Grove for some time. The Council approved this appointment and Ms. Mulvey was sworn in by Gretchen Gordon.

Public Hearing on Boundary Adjustment (Earl Property)
Nobody signed up to comment during the public hearing.

Review/Action on Boundary Adjustment Between Pleasant Grove and Cedar Hills (Earl Property)
No action can be taken at this time. In order for this to be approved the homeowners need to have a surveyor create a plat map and must also paid the appropriate fees. The homeowner has not yet done either of these things. Pleasant Grove has had their public hearing so we are waiting on these two items before approval can be given.

Review/Action on Resolution Recognizing Arielle Martin
Arielle Martin is originally from Cedar Hills and was to compete with the U.S. BMX Olympic team in the 2012 London Olympics. During her last training run Arielle was badly injured and could not go to London. CM Augustus has had contact with her family and let them know the City would like to recognize Arielle for her hard work and determination. CM Augustus read the resolution making August 8, 2012 Arielle Martin day in Cedar Hills. The resolution was approved by the Council. A news article on this can be viewed at http://www.deseretnews.com/article/765595650/Cedar-Hills-declares-Aug-8-Arielle-Martin-Day.html.

Discussion on Vision and Goals for City Council and Staff
Mayor Gygi would like to work with the City Council on creating a mission statement for the City and then work together to set goals for the Council and staff. These should be focused on what our city should be known for. Mayor Gygi will be giving assignments out at a later time, and we will also be looking for resident feedback. More information will be provided in the September newsletter.

The Mayor and Council did go into Executive Session.

Sunday, August 5, 2012

Council Meeting - July 31, 2012

Work Session

The Council had a joint work session with the Pleasant Grove Mayor and City Council. Mayor Gygi and Mayor Call will be meeting together over the next few months to discuss ongoing issues or concerns between the two cities to see if and how these can be resolved. We discussed coordinating the Family Festival and Strawberry Days each year so that the Cedar Hills Family Festival is one week before Strawberry Days, therefore allowing residents from each city to attend both instead of competing against each other.

The PG Council discussed their promenade, which is every Thursday night from 5pm-9pm during the summer months. They have approximately 80-90 vendors and live concerts. On September 8th is their annual Heritage Festival and they invited Cedar Hills to participate. We then gave them a tour of our Community Recreation Center and Grill.

Council Meeting

Public Comment
Nobody signed up for public comment.

Review/Action on Final Plan for Bridgestone, Plat C
Perry Homes submitted their final development plans to the Council after having gone through the Planning Commission. This is for the 8-plex units being built near Deerfield Elementary. The HOA in that area is very anxious for this development to be approved and move forward. After listening to the recommendations of the Planning Commission Perry Homes has agreed to remove the existing apple trees and replace with different trees and evergreens. The Planning Commission has also recommended an 8 foot sidewalk in that area instead of the existing 6 foot sidewalk, and has recommended that the back of the structures be changed to used a variety of materials and/or colors instead of the one color and material in the current drawings. Perry Homes has agreed to both of these recommendations, though said they would like the ability to use a combination of stucco, hardy plank, stone and brick as using only brick is very expensive.

Councilmember Augustus had some concerns with some of the materials being used as he felt it didn't match the rest of the neighborhood, which are mainly brick homes. His recommendation is that these units conform more with the look and feel of the rest of the neighborhood.

Final approval was granted with the recommendation of using materials more consistent with other homes in that area.

Appointment of City Manager
As per City Code 1-6A-1: The Mayor, with the advice and consent of the City Council, shall appoint a city manager. We received a total of 12 applications for this position and Mayor Gygi spoke with the 10 he felt were most qualified. He recommended that we appoint David Bunker to be the City Manager as he understands the history and issues of Cedar Hills and has done and excellent job as Acting City Manager since May of this year. The Council agreed and approved the appointment of David Bunker as City Manager subject to a mutually agreeable contract and removed the requirement that he must live within the city limits.

Mr. Bunker was sworn in by Deputy City Recorder, Gretchen Gordon. He also announced that a new City Recorder was hired. Colleen Mulvey will be filling that position. She has worked as an Assistant City Recorder for Pleasant Grove and is excited to join our team.

Adjourn
The Council did go into Executive Session.

Sunday, July 15, 2012

Council Meeting - July 10, 2012

Work Session

Joint Work Session with Pleasant Grove
David Bunker has a meeting with the City Manager of PG to discuss many outstanding issues. The Council has proposed a joint work session with PG on July 31st to discuss these outstanding issues, which include items such as Harvey Street, the Manila Water Dissolution agreement, sewer connections on 4000 West, and a current PG resident who is hooked on to the Cedar Hills sewer system yet is not paying the bill. The hope of the Council is to get all of the issues on the table and find acceptable ways to work through them with the PG Council.

Agenda
The Council reviewed the agenda items for Council meeting.

Council Meeting

Briant Platt with Blaisdell and Church (our city attorney) first addressed the Council with the following prepared statement:

“In light of recent events, the City Council urges all participants in Council meetings to treat one another with civility and respect.  While individuals may feel passionately regarding certain issues and concerns under consideration before the Council, we encourage participants to avoid incendiary language and accusations that can quickly degrade the level of our discourse and the effectiveness of our interaction.   Due to threats by a resident made in a recent Council meeting, the City Council also takes this opportunity to affirm that City Council meetings are legislative meetings.  The Cedar Hills City Council has asked the City Attorney to provide direction on when statements in Council meetings may subject the speaker to liability for defamation.  The City Attorney has advised the City Council that statements made by the City Council members in legislative proceedings are absolutely immune from liability for defamation if the matter is reasonably related to the proceeding.  It is an open question under Utah law whether members of the public are afforded the same absolute immunity or are instead subject to a lesser, qualified protection from liability for defamation relating to comments made during a Council meeting.  Accordingly, the City Council encourages all participants in Council meetings to treat each other courteously and respectfully, and invites all members of the public to address any issue on its agenda and express their opinions regarding what the City Council should do and why in a civil and thoughtful manner.”

Acting Mayor Martinez emphasized the desire for the public comment period to be used to address the Council with concerns, but that things should stay civil and respectful.

Public Comment
Ken Cromar - Mr. Cromar expressed his happiness about the clarification in the most recent newsletter regarding a statement made in Sept 2011 on the golf course finances. He feels the September 2011 newsletter impacted the election. He cares about the correct information getting out. He would like the City to republish the clarification on the front page of the next newsletter instead of where it currently is. Mr. Cromar filed a complaint with the Utah County Recorders office against resident Marisa Wright and provided a copy to the Council.

Pat Weber - Mrs. Weber purchased a home next to Timpanogos Cove park and is having several issues. People are loud late at night, even until 1:00am. She has seen drug deals occurring and people having sex in the park. Things have been stolen from her car and garage. She has not seen a police presence and is requesting a consistent patrol so people will get the message to leave when the park closes at 10:00pm.

Consent Agenda
The minutes from the May 15, 2012 town hall and Council meeting and from the June 5, 2012 Council meeting were approved.

City Reports
David Bunker - Harts Gas Station is being built and is planning on a completion end of September or first of October. The new fiscal year started on July 1st.

CM Jackman - Attending an emergency meeting with LPPSD on the Quail Fire. Utah County, Unified Fire, and the Forest Service also helped control this fire. Approximately 2200 acres were burned with about 200 acres being in the district. The district will be responsible for approximately $31,000 of the final bill. Cedar Hills' portion is about 1/4 of that amount, but may be less pending the results of the investigation. Acting Mayor Martinez will serve on the LPPSD board until a new mayor is appointed. The Public Safety Bldg is now fully dedicated to public safety as all City employees have moved to the Public Works Bldg. He is working with Chief Freeman on how that space will be utilized.

CM Gygi - NP Solid Waste continues to discuss the contract with Waste Mgmt. Utah Valley Dispatch is still looking for a new location.

CM Augustus - Planning Commission met. They have some suggestions on the Bridgestone project and will be presenting to the Council at a later meeting. Still researching sheds and other items located on setbacks on residential lots. Some members of the Planning Commission would like to opt out of receiving compensation.

CM Rees - July Yard of the Month winners are on the website. City Facebook page is now live and Twitter account will be next. Email contest was announced in the July newsletter. The goal is to have multiple avenues of communication with residents so that messages can get out quickly and frequently. CH resident wants to work with Highland and Alpine to put together a parade for the LPPSD firefighters. This effort will be led by residents.

CM Martinez - YCC met and the new group will be doing a team building activity. Tot soccer and flag football registration is starting soon. AFPD is kicking people out of Timp Cove park every night and giving tickets, but people just come back. Ordinance needs to be changed to say the park closes at 10pm (current ordinance says at dusk) so AFPD has more authority to enforce. Talked about options to lock the park at night. She will work with David on ways to fix this issue.

Discussion on Metropolitan Water District Easement Exchange
Ammon Allen with MWD presented. This district was created in 1936 by Salt Lake City to partner with the Federal Government on the Provo River Project. This 42 miles of aqueduct provides drinking water to SLC. In 2006 the U.S. Congress gave the title of these lands to the district. In 2000 the developer had a survey done, which shows the correct easement. However, the County recorded the wrong location of the easement (David Bunker concurs with this) leaving some residents in Canyon Heights with an easement in their backyard. While the former city manager told these residents it was fine to build pools or retaining walls in their backyards, the reality is that they cannot build on this easement. MWD would like to work with Cedar Hills to move the easement east where there is no development. This would move the easement between 25-50 feet east of where it is currently.

The Council asked Mr. Allen about landscaping or creating a trail on the easement. Mr. Allen stated it is OK to build a trail and OK to landscape on the easement. MWD would want a gate closing access to the easement on both sides so that only bikes and pedestrians could access - no motor vehicles or ATV's. Landscaping is OK, including grass and sprinklers, provided that it can be easily moved with excavation equipment and the City understands MWD is not responsible for any repairs if access is needed.

The Council advised David Bunker to work with Mr. Allen on language for an agreement as all agreed that moving the easement is a good idea.

Review of City's Emergency Action Plan
LPPSD currently has an emergency action plan that is being utilized for the City, but the City does not one. David Bunker will provide the Council with a copy of LPPSD's plan. Mr. Bunker will work with LPPSD, AFPD, the Public Works department, and the Council to create an emergency action plan for the City.

Review/Discussion on Consideration of Bond Refinancing
There was a lengthy discussion on this topic at the May 15th Work Session and my notes can be found at http://jenneyreeschcc.blogspot.com/2012/05/council-meeting-may-15-2012.html. Mr. Edminster came to present again. He still advises not to refinance the GO bond at this time due to negative arbitrage. Wells Fargo is still willing to refinance the PI2 bond if the Council chooses to do so. CM Gygi and CM Jackman will continue to work with the Finance Committee on options and present suggestions at a later time.

Discussion on Recreation Center Basement
Final draft of plans for basement will be presented to the Council at a later meeting. Programming is still being discussed by the recreation team but that won't hold up plans for build out.

The Council did go into executive session.

Monday, June 25, 2012

Council Meeting - June 19, 2012

Work Session

There were no specific items for work session so the Council discussed the items on the agenda for Council meeting.

Council Meeting

Public Comment

Ken Cromar - Mr. Cromar stated he felt like a victim at the May 15th Council meeting as many residents complained about him. He warned the Council about potential lawsuits if he continues to feel attacked by what he considers propaganda. Compared this situation to Nazi propaganda. Feels the public comment on May 15th was a parade of misinformed individuals. Mr. Cromar was upset that some residents were given more than three minutes to speak though he was kept to three minutes. Feels he was defamed. He cautioned the Council against approving the May 15th meeting minutes until after legal counsel was consulted. He also warned the Council that on June 13th he copyrighted his name and that any unapproved use of his name would result in a fee of $500,000 to be paid to him. He warned the Council to not destroy any of the emails that he is requesting.

Paul Sorensen - Mr. Sorensen read a letter he prepared stating that on May 1st the Council meeting started 15 minutes late and that an illegal meeting between Council members occurred during this time. He wants a detailed account of what was discussed during that 15 minutes. He is also sending this complaint to the Utah County Attorney. **The 15 minute delay occurred because Councilmember Gygi was very kind and brought in a pie and ice cream to celebrate my birthday. The Council did meet in the grill to eat pie and ice cream and to wish me a happy birthday. Grill staff were in and out during this time and also included.

Marisa Wright - Mrs. Wright is upset about the additional money being included in the budget for legal fees due to residents who continue to bring forth lawsuits. She is disgusted that residents have to pay for this. Mrs. Wright stated she ran a background check on Ken Cromar and found out that he owes $800,000 in taxes and is being sued by the IRS. She said he doesn't pay his share yet continues to cause problems in our city.

Consent Agenda

Minutes were approved for the following Council meetings: April 3, May 1, and May 8.

City Reports

CM Augustus - No recent meetings with Planning Commission. He is working with David Bunker on Phase II of the CoRec.

CM Gygi - North Point Solid Waste met and are looking at new contract with Allied Waste. Utah Valley Dispatch is looking for a new physical location.

CM Martinez - Family Festival was amazing and she appreciates the help of staff, Council, and the many volunteers.

CM Rees - City will announce a contest to obtain emails from residents. This contest will take place in July, August, and September. More information will be provided on the website and in the newsletter. CM Rees and Martinez will be working together on goals and vision for the City.

Review/Action on Acceptance of Agreed-Upon Engagement Report Squire and Associates was hired to do a forensic audit of the City's financials after recent charges were filed against Mayor Richardson. These charges have nothing to do with his actions as Mayor; however, the Council felt it would be appropriate to have this additional audit done to reassure residents that nothing inappropriate has occurred. Squire and Associates looked into four different areas and their findings are as follows:

1. Squire reviewed all charges the Mayor made with his City credit card (there were only two) and verified proper documentation was included. They determined there were no instances of noncompliance with the City's policies and procedures.

2. Squire verified that the Mayor is not an authorized signatory on any City bank accounts. Additionally, they looked at online bank transfers that occurred between 2009 and 2012. They only found one exception - a transfer of money from the General Fund to the Cottonwood Well Capital Facility Replacemet Fund, which did not reach the intended account. Research found that this money had been transferred to the Cottonwood Improvement District's account, but was returned to the City on the next day. Squire commended city personnel for finding this error so quickly and having it resolved within one day.

3. Squire obtained the City's procurement policies and related internal control documentation. They sampled 450 disbursements from July 1. 2009 through May 21, 2012 and found three findings. Squire stated that having only three findings out of 450 is "amazing". The findings were:

a. Two check disbursements only had one of the two required signatures. One was to Black Clover for $49.25 and the other was to Tanner Lacey for $40.00.

b. One check had no signatures, that was to Home Depot for $523.61. Research on the check to Home Depot showed that payments made on the Home Depot credit card are generally done via EFT. The City's accounting system auto generates a check which is then voided. In this instance the unsigned check was accidentally mailed to the vendor, which was presented to the bank and honored by the bank.

c. One check did not have a purchase order as required by the City's policies. Further research showed that this check was paid to a relative of the former City Manager for services performed under contract. Other City personnel refused to sign the purchase order based on their concern of a potential conflict of interest.

4. Squire reviewed the transfer and use of $371,726 of impact fees that was transferred from the Capital Projects Fund to the Golf Course Fund. Their research shows that the dollar amount transferred matched the amount expended on the construction of the CoRec. Squire determined the transfer of this money is compliant with applicable accounting standards.

The Council approved the acceptance of these findings.

Public Hearing on Fiscal Year 2012 Budget Amendments

Nobody signed up for comments for the public hearing.

Review/Action on Fiscal Year 2012 Budget Amendments

Five budget amendments needed to be made for the current fiscal year.

1. Transfer of $500,000 from the General Fund to the Capital Projects Fund - State law mandates a maximum amount of money that is allowed to be in the General Fund at the end of the fiscal year. In order to be compliant it was recommended that we approve this transfer of money from the General Fund to the Capital Projects Fund.

2. Transfer of $8,000 from property taxes to pay for forensic audit - The forensic audit discussed above was an unexpected expense. The money used to pay for this came from an overall increase in property tax revenue. Our increase in property tax revenue is a result of us having a 96% collection rate for FY 2012, which is higher than usual.

3. Transfer of $4,000 from property taxes to pay for contract labor used for building plan checks and inspections - The City has been using contract labor for these plan checks and inspections as we no longer have a Building and Zoning official.

4. Transfer of $8,000 from property taxes to fund separation agreements - Severance packages for Konrad Hildebrandt, Kim Holindrake, and Brad Kearl were not anticipated in the 2012 budget so this required a transfer of funds.

5. Transfer of $50,000 to be used for the Public Works Building - All City staff are moving to the Public Works building and the Public Safety Building will be used only by Lone Peak Public Safety. This required some reconfiguration of the basement and parking areas of the Public Works Building. The $50,000 was transferred from the money set aside for the building of a Civic Center.

These budget amendments were approved.

Review/Action on Changes to the Fee Schedule

A study was performed by Bowen & Collins on the City's water, sewer, PI, and storm drain accounts to determine if our rates are accurate. The study can be found at http://www.cedarhills.org/sites/default/files/utility-rate-study-2012.pdf. Bowen & Collins did recommend increases to all but the PI fund. I included a breakdown of this in a prior post as well.

CM Jackman previously recommended that we adjust the culinary water and PI rates to more accurately reflect the actual cost of these items as currently the PI revenue subsidizes the culinary water fund. Becky Tehero recommended we not make this change at this point as we have around 130 new residents who are not currently connected to the PI system and would be greatly affected by this change to the culinary rates. The Council agreed to not make this change all at once but gradually over time.

The Council approved the utility rate increases suggested by Bowen & Collins. Please feel free to contact any Councilmember and/or the Mayor with any questions.

Review/Action of the 2012 Certified Tax Rate

Traditionally the City has kept the tax rate the same each year instead of adopting the certified tax rate suggested by the County. This meant that as property values dropped the City received less property tax revenue and as values went up the City received more property tax revenue. For the past few years the City has received less revenue as values have gone down. The City tax rate is .003153. The County is recommending .003183 in order to keep 2013 revenues consistent with what was collected in 2012. The Council discussed this and concluded that we would go with the County Certified Tax Rate, which means property taxes will not go down this year. The Council reached this decision as we are already cutting services to residents to pay for additional legal fees and we felt it would be very difficult to cut even more out of the budget by keeping the tax rate at .003153 and lowering revenue.

Review/Action to Adopt the Fiscal Year 2013 Budget This has been a topic for discussion during several Council meetings. A few of the most recent changes:

1. $95,000 transfer from the CARE tax fund to the Capital Projects Fund. $75,000 will be used to pay for equipment for the CoRecc and $20,000 will be used to construct restrooms and a storage facility at Mesquite park.

2. An increase from $75,000 to $115,000 for legal services. The original budget was $75,000 in 2012 but the Council had to approve a budget amendment to increase the 2012 amount to $115,000. Because we continue to be threatened with legal action and complaints we have no reason to believe that our 2013 legal expenses will be any less than they were in 2012. In order to increase the budget for legal expenses the following items were cut from the budget:

a. Park maintenance was reduced by $5,000

b. Contract labor for building and zoning was reduced by $5,000

c. Eliminated the resident Decisions Survey

d. Family Festival budget was reduced by $10,000

e. Utilities expenses for the Public Safety Building were reduced as we are moving all staff to the Public Works Building. However, LPPSD has not included this additional expense in their budget so we are unsure how this will work at this point.

The FY 2013 budget was approved.

Review/Action on Fireworks Restrictions

Utah law changes the dates for fireworks to be June 26th through July 26th. The Lone Peak Public Safety District has expressed concern about the very dry conditions and the possibility of fires due to fireworks. LPPSD recommended a ban of all fireworks and open fires on the East side of Canyon Road. After discussion with the Fire Marshal the Council agreed to ban ALL fireworks east of Canyon Road but will allow open fires. LPPSD will be posting signs in the firework closure areas and will also supply all stores in Cedar Hills, Alpine, and Highland with flyers to be handed out stating guidelines, laws, and penalties.

The Council did have an executive session.

Thursday, June 14, 2012

Council Meeting - June 5, 2012

Work Session

Pleasant Grove Strawberry Days Royalty
The PG Royalty came with an invitation to Strawberry Days and also brought a delicious strawberry cheesecake. Strawberry Days occur the week after our Family Festival. Councilmember Martinez asked each girl to talk about the pageant and what entailed. Each girl said the main focus was on the service provided to their community. These service projects were focused on providing education on a variety of topics such as healthy eating, breast cancer, and the dangers of distracted driving.

Review of Location of Sheds on Corner Lots and Fencing Requirements
At a previous Council meeting two residents came to discuss a change in the ordinance that would allow them to place a shed in the setback of their property. Mayor Richardson explained that corner lots have a larger setback so there is less usable space under the current rules. The Council has asked the Planning Commission to come up with suggestions on ways corner lots can better utilize these setback areas and to present their suggestions to the Council.

The fencing discussion came up after a resident on Sugarloaf asked to build a privacy fence in their backyard. Currently these homes have a wrought iron fence that goes along the walking trail. There is some confusion as to whether this is due to a development agreement, CC&R's, and/or city ordinance. Greg Robinson will do some research to determine what is currently setup for this street and come back to the Council. This may also be something that goes to the Planning Commission for additional suggestions.

Council Meeting

Public Comment
Craig Clement - Mr. Clement came to express his appreciation to the Mayor and Council for the work being done.

Rob Crawley - Mr. Crawley came to discuss the golf course financials analysis he put together last year during the election and to defend his work. He feels his numbers were and are accurate based on the information he has been provided. He recently became aware of Konrad's rebuttal to his analysis and says he has not seen any new numbers that change his analysis. He is happy to be serving on the Golf Course Finance Advisory Committee and feels clarification will come through this committee.

Consent Agenda
Minutes from the April 3rd, May 1st, May 8th, and May 15th meetings are continued until the next meeting as it has been requested that the public comment from the May 15th meeting be transcribed verbatim. The resolution indicating the intent of Cedar Hills to adjust the boundary with PG for one residence was approved.

City Reports
David Bunker - A water report was sent to every resident with their June utility bill. Ames Construction has been awarded the project to put in an underground pedestrian walkway under Canyon Road as part of the canal project. They are starting this week (I believe they have already started) and this will require some closing of Canyon Road. Canyon Heights Road will also be closed and residents in that area will only be able to access via Box Elder.

CM Martinez - Asked Miss Northern Utah County to discuss her pageant experiences and her service projects. She will also be helping with the Family Festival. Rec center classes are going well. YCC is having elections soon. Family Festival begins this week.

CM Jackman - LPPSD met and approved the budget but it doesn't include changes on handling rent. The revenue loss from ambulance services will need to be addressed within the next few years. The Finance Committee met and decided to close the snack shack at the golf course so golfers will be directed to the grill at the rec center.

CM Rees - Beautification Committee announced five yard of the month winners and pictures are available on the City website. City Facebook page will be up soon now that the Council has agreed to how it will function. City newsletter will be available in the rec center. We will start a content to obtain resident email addresses for better communication. Contest winners will receive a credit on their utility bill.

CM Augustus - Planning Commission has not met since last report.

Review/Action on Acceptance  of Audit by Squire & Company
This item was continued as the audit was not yet complete.

Review/Action on Approval of Final Utility Rate Study
No changes were made to the final utility rate study and details of the recommendations made at the May 1st meeting can be found on my blog at http://jenneyreeschcc.blogspot.com/2012/05/city-council-meeting-may-1-2012.html. Some important points for this approval:
  • Adopting the study does not formally adopt the fee changes, this is done at a later meeting if it is decided to go that direction
  • The 2013 budget revenues assume the rate increases recommended are approved
  • Suggested fee increases do not take into account any TSSD increases, which the City has no control over
CM Jackman asked the Finance team to revise the utility rates so that each entity (water, sewer, PI, storm drain) covers its own costs. Currently the PI system revenues subsidize the water system. CM Jackman would like the revenues and expenses to be consistent in covering the actual costs for each system instead of having one subsidize the loss of another. This wouldn't change the overall amount paid by residents, it would just more accurately reflect how much is being paid for each service.

Public Hearing on FY 2013 Budget
Nobody signed up to comment at the public hearing.

Review/Action on Resolution Adopting FY 2013 Budget
Final approval was not made as changes are still being made to the budget and we are also waiting on property tax numbers from the County. Items discussed at this meeting:
  • Line item 10-33-400 (LPPSD rent) - This shows more rent revenue coming in from LPPSD as all city employees are moving to the Public Works Bldg. However, this hasn't been approved by LPPSD.
  • Line item 40-95-200 - Money needed for phase 2 of the recreation center, which will finish the basement
  • Line item 40-95-201 - Money needed for phase 3 of the recreation center (discussions are to build a splash pad at the CoRec)
  • Line item 10-60-120 - This increase is for two part-time employees. One for business licensing and one for zoning enforcement.
  • Line item 75-35-300 - This is an estimated subsidy for the golf course in the amount of $65,000. Previously the City was accruing what was considered a loan from the City to the golf course. This seemed to cause confusion so a dollar amount will now be shown on the budget as transferred from the General Fund to the Community Recreation Fund to show how much is subsidized each year. The Council has asked the Finance team to change the wording for this line item to clearly reflect it is a subsidy.
  • Line item 10-40-305 - Legal services are projected to be $75,000 for 2013. However, the actual amount spent in legal fees for FY 2012 to date are closer to $115,000. Since we are continually threatened with additional litigation there is no reason to believe that our legal expenses for 2013 will be less than 2012. The Council has asked the Finance team to revise this number to $115,000 in anticipating of further legal proceedings.
  • The Council has asked the Finance team to come back with suggestions on what should be cut from the budget if expected revenues are not met. Preliminary suggestions from the Finance team include the 2013 Decisions Survey, park maintenance, library reimbursement, Family Festival parade and carnival, and communications.
Release of Durability Bond for Walmart
The Mayor and City Manager did a walk through with Walmart to inspect the improvements that have been made. The suggestion was made to authorize the release of the durability guarantee. This was approved.

Discussion on Completion of the CoRec Basement
Phase two of the CoRec is the completion of the basement for additional classroom space and cardio equipment. There is currently $180,000 of recreation impact fees left after phase one as well as $70,000 in CARE tax revenue. A final approval has not been made on how to spend these funds; however, the Council does agree that finishing the basement is a high priority. Each Council meeting has consisted of a lot of discussion on what will be included in the basement and how it will be funded. Mayor Richardson suggested the Council agree to work on a budget for the construction now and the equipment at a later point. The goal is to have the basement built by Labor Day. CM Augustus and Martinez will work with staff on designing the layout of the basement and to determine construction costs.

Discussion on a Civic Center
There is currently $500,000 in unrestricted funds that have been set aside for the building of a new Civic Center. This is another item that has been discussed a number of times. The Mayor recommended, and the Council agreed that these funds should not be used for a Civic Center but instead on community wants, such as a splash pad and for the CoRec.

Goals and Focus for City Council and Staff
Mayor Richardson asked me and CM Martinez to work together to come up with a plan for the goals and focus for the City.

The Council did have an executive session. The meeting was then closed.