City Council Meeting - May 3, 2016

Public Comment
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City Reports
David Bunker - Met with company that handles mass communications in emergency situations. County would like all cities in the County to be on the same platform. We are looking at moving over to Everbridge, which is the platform that the vast majorities of the cities in the County use. They also have an app that can be used by residents to submit public works concerns to the city, such as a street light that is out.

Utah Senate passed Resolution this legislative session that encourages all cities to begin metering all water, including secondary water. It was signed by the Governor in February. This may be the first step in the eventual requirement to meter PI water.

Recreation programs are doing well. Small decrease in teen soccer. Right now residents can sign up for t-ball and a youth computer programming class. Utah Jazz issued an award to the City for having so many participants in the Junior Jazz program.

To date, 22 residents have come this year to receive their annual free round of golf. We hope to see many more use their free pass.

CM Zappala - Has been working on revising zoning ordinances. Planning Commission met and had good discussion on the revisions. Has heard from residents who are unhappy that Walmart is storing merchandise outside as they need a conditional use permit to do so and have not obtained one. Staff continues to try to get in touch with the management team at Walmart but have been unable to reach anyone.

CM Bailey - Open burn season goes through end of the month. Must get a burn permit, which is free.

Mayor Gygi - Finance committee met and Charl will discuss during budget discussion. LPPSD board met and adopted a preliminary budget. In two weeks they will meet again as Highland wants to discuss changing how the cities are charged for fire and EMS services.

CM Rees - Family Festival is in three weeks and we still need several volunteers. Parks and Trails Committee is having their annual service day on Saturday, May 14th at 9:00am and will be working on the roundabout on Cedar Hills Drive as well as some other project throughout the city. We are looking for several volunteers for this as well.

Review/Action on Amendments to General Plan
For this item, as well as the next two items, CM Zappala put together a great blog post explaining the process and what we are trying to accomplish. You can find that information here.

Changes to the City’s Land Use Element are being proposed that would update the document from its original form. Changes include updating the established zones within the City, removing density thresholds in residential areas under the definitions, and other smaller typographical changes. The vision and goals that were established by the original document remain largely intact. Additionally, the Planning Commission recommends removing the Economic Element, as the goals and vision are found elsewhere, and the Economic Element is not a required element. This was approved 5-0.

Review/Action on Amendments to City Code Related to Planned Commercial Development
Council and staff have prepared an amendment to 10-6A that would incorporate the previous “Design Guidelines” into the Municipal Code.

Change requested to add language to 10-6A-3 that City Council is the final approving authority on conditional uses in that zone. CM Zappala will also fix the map to not include any current residential homes, that was done in error. This was approved 5-0.

Review/Action on Amendments to City Code Related to Conditional Use Permits
Staff has prepared conditional use code to be adopted as part of Title 10, the City’s Land Use Code. The proposed code outlines an approval process for granting a CUP, as well as the standards upon which a CUP may be granted. The biggest change being recommended by staff is to make the Planning Commission the land use authority for the city and not have requests for new conditional uses go to the City Council, which is the current process. The other change is to allow staff to be the land use authority for conditional use permit requests for existing structures where there are no external changes to the site.

My concern is the change to remove the Council from giving the final approval on a conditional use. If that had been the arrangement up until this time, the Blu Line project would be in process as it was approved by the Planning Commission. Members of the Planning Commission spend a lot of time researching land use code and making decisions based upon the code and their service is greatly needed and valued. I think the benefit of having the Council have the final say is that members of the Council are elected and accountable to voters and residents of the city. I like the current process that allows residents, through their elected officials, to have a voice in what is approved in the city, especially for the commercial area. Like the Planning Commission, the Council must make decisions based on city and state code; however, there have been times when members of the Council have had a different perspective on the intent and definitions in code. I prefer the current arrangement where there is discussion, feedback, and a vote from both bodies. We did change the general plan wording in the previous ordinance above to specifically state that the City Council gives final approval to developments in the SC-1 zone. CM Zappala recommended we create a table that lists types of conditional uses needed and list who is the approving authority for each, whether that is staff, Planning Commission, or City Council. This item was tabled for next meeting.

Review/Action to Adopt Tentative FY 2017 Budget
The City is also required to approve a tentative budget for 2016-2017 by the first Council Meeting in May based on Utah Code 10-6-135. The final budget will be approved in June.

Budget changes since March:

• Eliminated communications position to fund driving range fence
• Reduced fire contract increase to $7,000 based on LPPSD proposal
• Increased transfer to Capital Projects Fund to $20,000
• Added budget item for driving range fence to $35,000
• Adjusted dental benefit as costs are lower than expected
• Added $500,000 as a place holder for sewer line upgrades. Some of the existing lines are 20+ years old and will struggle with capacity. 

Projects Pending Pricing (won't know final costs until we ask for bids)

• Bayhill Park estimated at $446,000
• Maintenance Building Budgeted $300,000
• Arbor study
• Sewer study and related sewer improvements
• Secondary water meters
• Driving range fencing
• Fencing for public works building budgeted $25,000
• Heritage Park amphitheater improvements budgeted $50,000

This was approved 5-0.

Review/Action on Resolution Notifying County on City's Intent to Submit to Voters Question Regarding Imposition of CARE Tax
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 CARE tax. The city’s intent is to include this opinion question on the Utah County 2016 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 5-0 and will be on the 2016 ballot.

Discussion on City's Participating with Utah League of Cities and Towns
The City has been a participating member of the ULCT for over 30 years. The ULCT represents municipal government interests with a strong unified voice at the state and federal levels. They provide information, training and technical assistance to local officials on municipal issues in order to create greater public awareness and understanding of municipal responsibilities, governance and administration.

CM Crawley asked for this to be on the agenda as he has some concerns with ULCT. Feels training is beneficial, but was concerned that ULCT promoted the gas tax. A speaker at the ULCT meeting said that because of ULCT the gas tax was passed. It also appeared to him that ULCT was trying to influence voters to approve Prop 1. Feels residents he represents want to keep taxes low, and that we are paying a lobbying group that works to raise taxes. Says this is what is wrong with politics, that desire of residents should be listened to. Concerned that ULCT receives corporate sponsors. Feels they lobby for things that don't reflect the desires of those in Cedar Hills. Doesn't feel Cedar Hills is represented by ULCT. Would prefer that the $5000 we spend on membership go towards one of our city committees, which better benefits the city.

Ken Bullock with ULCT presented. Said he appreciates the sacrifices made by council members in the service to their communities. Thanked Mayor Gygi for serving on the ULCT Board and raising issues that are important to Cedar Hills. Feels accountable to every city. Clarified a few points raised by CM Crawley. On trainings, they work hard to make sure trainings are applicable to all cities in the State. Enthusiasm expressed for gas tax was because it has been 17 years since gas tax was raised and expenses for inflation haven't been accounted for. Cities were spending more than they were collecting in B&C road funds. This gave cities needed money for roads. Feels this was a significant accomplishment for communities. It isn't fun to raise taxes, but it does cost money to provide services. Most throughout the State understood it was time to make changes in order to continue to provide these services. Funds raised have to go to roads, can't be used to supplement the General Fund. On Prop 1, Mr. Bullock stated there has not been a more formidable opponent of what UTA has done in the past than him. Current chair of UTA is working on changing course and fixing issues. Mr. Bullock met with him to discuss having Prop 1 taxes go directly to cities and let cities decide how it is spent, but that wasn't what was approved. UTA is changing policies and working on better transparency. ULCT was not a proponent of UTA getting any money. They did ask for cities to pass resolutions expressing approval of Prop 1, but that was the extent of their involvement. Intent of ULCT is to provide city officials with materials to educate residents, but each official can do with it what they like. Some counties passed it, others didn't, but public funds weren't spent to advocate for Prop 1.

CM Crawley asked if ULCT contributes to any campaigns. Mr. Bullock said no. CM Crawley asked about a few of their budget line items, which Mr. Bullock provided explanations for. CM Crawley asked about their standards and principals and where he can find them. Mr. Bullock said their mission statement and values are on their website. Everyone who works for ULCT is dedicated to working for cities. CM Crawley said he feels ULCT is an extension of bad government. Mr. Bullock explained that there are laws discussed and passed at the State and Federal level that have an impact on municipalities. ULCT works to advocate for municipalities and educate elected officials on the proposed laws and the impact it may have on cities. Municipal services cost money and are paid for with taxes. If cities don't want to raise taxes to pay for increase costs of services, they have to determine how/if they will continue to provide them. ULCT also helps cities with land use planning as the population is expected to grow by quite a bit in Utah and cities need to plan for this. Also need to look at water and infrastructure planning. With population growth, cities will also need to look at justice system growth and issues. Transportation issues aren't going away and will continue to discuss how to fund. With Utah becoming known as a tech area, these types of planning discussions need to occur.

CM Zappala asked about membership. Almost every city in the State is a member. Board is selected through a nomination process. Must have representation from all areas of the State, including towns. It is a two year appointment. CM Zappala said there is no way every person on the Board is in favor of raising taxes and big government. There are differing points of view on the Board. Mr. Bullock said one big challenge is that elected officials have a lot on their plates and keeping them informed is a struggle. ULCT often asks for feedback. CM Zappala asked if they have ever received a donation from UTA, Mr. Bullock said no.

My thoughts - I feel we receive a benefit from participating with ULCT. I have taken advantage of numerous trainings every year. I like that we have access to professionals on things like municipal law and land use through ULCT. Whenever I've reached out to ULCT with questions or concerns, they have responded promptly and provided guidance related to city issues. I'm sure it is challenging for a group that represents almost every city in Utah to make every city happy, but we do have the ability to participate in direction ULCT goes by participating on the Legislative Policy Committee. Right now we only have one participant (Mayor Gygi), but we could add some staff and council members to that committee, which would give Cedar Hills more of a voice. I offered to participate in that.

City Council Meeting - April 19, 2016

Work Session
Discussion on water issues for the upcoming year. Questions staff looks at is if we will have enough water, flooding, mudslides, etc. Snow pack as of today is 63%, which is less than average. Timpanogos divide is at 85%. Staff doesn't feel there will be significant runoff this year. Feels runoff will all be consumed. Water will decrease as summer goes on. Flooding and landslide potential is low. Things may change if we get a lot of rain in April, but aren't anticipating this will be the case. PI containers will need to be augmented with culinary water, like every year. Both wells are up and running. Cottonwood Well was energized last week. Water conservation measures are in place, including restrictions. City will be working with Wilkinson's (our park maintenance company) to make sure that the city is also conserving water. Jeff Maag and David Bunker are working to put together a cost analysis of gradually converting some of the city park strips to xeriscaping with drip systems in order to better conserve water.

There was a water leak on Cedar Hills Drive after a pipe broke. AFPD noticed water coming up and contacted public works. Public works began working on the line at 3AM. One section of pipe had a lateral crack from end to end, so it needed to be replaced. The pipe in that area of the city is C200 pipe, and we use C900 pipe now, which handles more pressure. The C200 isn't made any more so staff used what was currently available but will need to make some additional fixes soon to make sure that C900 connection to the existing C200 doesn't have any issues.

Jeff Maag has updated the Storm Water Fact Sheet Statement of Basis as required by the EPA. EPA is now requiring that any new developments no longer build large retention basins; instead they will require smaller retention basins. This won't impact us too much as Cedar Hills is mostly built out. Identified our major pollutant is sediment (salt from snow, and dust) and we now have to implement in our plan how to reduce nitrogen and phosphorus pollutants. This will include resident education, public involvement, illicit discharge detection, and control of construction site run-off. City is now required to insure that contractors comply with regulations, not just monitor. EPA has hired a large number of inspectors. All Utah jurisdictions are being audited and fines are being applied. SL County just had a million dollar penalty, which they negotiated down to $250,000 and agreed to hire 6 storm maintenance employees for monitoring. Public Works Director has been told that we should expect to be audited as well. Our liability includes the golf course maintenance building, but Jeff feels we are in fairly good shape compared to other jurisdictions.

Council Meeting
Public Comment
Jason Harr - Thanks the Council for attention and time spent on researching driving range fence. Feels that raising the nets is a good thing for the community to keep the public safe.

Resolution Recognizing Officer Diego Garcia as a Cedar Hills Champion
As part of the Cedar Hills Champions Program, the city is recognizing American Fork Police Officer Diego O. Garcia for his service to the communities of Cedar Hills and American Fork. Officer Garcia is also being recognized for his heroic efforts in saving the life of a woman who had been reported missing and suicidal. Officer Garcia has been awarded, “Officer of the Year,” (medium-sized agency) at the recent Utah Chiefs of Police Association’s annual conference in St. George. The Utah Chiefs of Police Association only selects six officers each year to receive this prestigious award.

Here is the press release issued by the city:

CEDAR HILLS – For the past several years, Cedar Hills has been pleased to have a partnership with the American Fork Police Department. At their next meeting, the City Council will recognize Officer Diego Garcia for his service to the communities of Cedar Hills and American Fork, and for his heroic efforts in saving the life of a woman who had been reported missing and suicidal.

Officer Garcia was dispatched to the home of a family who reported the woman missing. The woman had left a suicide note on the bathroom mirror but no indication of where she had gone. Officer Garcia began driving through the city searching for her with nothing more than a description of her car and her license plate number. He found her car at a hotel and was able to get in the room where he found her on the bed, unconscious and with cut wrists. He was able to call for an ambulance and assist in getting her to a hospital. The woman survived and is receiving the help she needs.

“We appreciate the service and commitment of Officer Garcia,” stated Mayor Gary Gygi. “He went above and beyond in doing his best to find this woman and help her family. We are honored to have an outstanding relationship with the American Fork Police Department and consider them one of the best in the state.”

The recognition ceremony will take place during the April 19, 2016 City Council meeting at 7:00pm at the Cedar Hills Community Recreation Center located at 10640 N. Clubhouse Drive. At that meeting the Council will declare April 20, 2016 as Officer Diego Garcia day in Cedar Hills.

Consent Agenda
Minutes from the March 1, 2016 and March 15, 2016 City Council meetings were approved.

City Reports
David Bunker - Spring clean-up is happening now. There are large dumpsters throughout the city for residents to use. Sewer laterals will be stubbed in for three lots on 4000 West for PG homes boundary adjusting into Cedar Hills.

Chandler Goodwin - Resident in Cedar Hills has installed a deck but a permit wasn't obtained and the deck is in a slope failure zone. Decks of this type are not allowed in the slope failure zone because of type of hazard that exists in the event of an earthquake. City has given the resident a number of options in order to comply, but have not heard back from the resident. If nothing is done the city will need to file a notice of intent on the home to make notification that the deck does not comply with code. Options include building a concrete haunch so the deck is supported by the homes foundation instead of its own foundation. Can also do a cement pad instead of a deck. CM Geddes feels the deck won't be any more dangerous than the patio and feels the city might be taking too hard of a stance in this case, but will defer to building official.

CM Zappala - Has been working on revising city code. Waiting for a second round of legal review and for CM Zappala to implement a few more lines regarding colonial structures and outdoor storage restrictions. Chandler is working on revision for conditional use permit process. Mr. Shaw is working on revision for Board of Adjustment and Appeals process. Some changes to the General Plan need to take place to harmonize with the new Design Guidelines.Public Hearings for these changes have been noticed. Any changes need to be given to CM Zappala soon.

CM Rees - Met with CM Zappala to discuss communications. We put together a list of things we'd like to accomplish, especially if the Council decides not to hire a part-time communications person. Handed out a list to the Council for consideration and feedback. Council expressed approval. Family Festival Committee is doing well. We are looking for many volunteers still.

CM Bailey - Expressed appreciation to city staff for hard work on Sunday repairing pipe.

CM Geddes - Utah Valley Dispatch met, new building is going well. Budget is slightly higher than last year and our portion will need to be added to our budget.

Review/Action on Driving Range Fence
See previous notes as we've discussed as a Council. Chandler Goodwin presented. First option to raise 5 poles and nets is approximately $28,000 and to raise all nets is $48,000. Some of this could be paid with trades of two corporate passes, which is valued at $15,000. Funds would come from unrestricted fund balance. Currently we are budgeted to use unrestricted funds for the golf maintenance facility and for Bayhill Park. We don't have bids for either as of yet. Architectural rendering for maintenance building has been sent to Highland for review as it is in their boundaries. Unrestricted fund balance is currently $613,501. Mayor Gygi feels we should try some of the other recommendations first, such as installing a camera or targets on the driving range. CM Zappala said that only resolves the issue if people are purposely trying to go over the fence, but most people aren't intentionally going over. Golfers also can't see where the ball is going so they don't realize it has gone over the fence. I agree with CM Zappala. Cameras only work if we have so many cameras installed that we could identify the golfer, the ball they hit, and the damage it caused. It makes sense to me to raise the nets to mitigate the risk of damage or injury as much as possible. The following comes from an email I sent to the Council to be read at the last meeting that I was unable to attend:

In addition to the concerns Mr. Bottita and Mr. Harr have brought forward regarding damage to their homes and vehicles, a greater concern is that we have heard of residents who are walking/driving on Cottonwood or playing at Mesquite Park. One resident who is a photographer recently posted to Facebook that he was near the range while taking pictures of the mountains and a golf ball was within a foot of hitting him. A soccer club president has emailed indicating that their coaches have brought to their board concerns about the number of balls ending up in the field during soccer practice. I worry that one day someone will be seriously hurt from a golf ball coming over the fence. While raising the nets will most likely not eliminate all golf balls from coming over, I believe it will significantly reduce the number, especially if we focus of the portions of the net where the majority of balls are coming over.

As the city owns and operates the golf course, I feel it is the proper role of the city government to do what we can to protect the property and personal safety of those who are impacted by the business we choose to run. Just as we have required businesses in our community to install certain improvements as a condition to be in our community, and as a way to protect the property and atmosphere of those who live near those developments, we should also be willing to install improvement that will protect the property, the people, and the atmosphere of those who live near the golf course.

My recommendation for funding - we have allocated $20,000 for a part-time communications person. If CM Zappala and I are going to handle communications, we won't need to hire this new person. If we spent $35,000 to raise 7 sections, were given $15,000 in trades, we could use the $20,000 from communications to cover the remaining balance.

CM Geddes spent time at the driving range hitting some balls and hit one over the fence. He agreed that if the nets were higher his ball wouldn't have gone over. Agrees it makes sense to raise some of the sections.

CM Bailey said that fire department has never been called on an issue related to a golf ball and feels there are more pressing issues. Wants staff to make recommendation. He doesn't think raising the fence will do the trick. Says we need to hire someone to research options and tell us what the best option is.

CM Geddes moved that we approve up to $35,000 to add fencing up to the intersection of Mesquite and Cottonwood Drive with the trade and funding I suggested above. If trade is not available, then it needs to come back to the Council for further discussion. This was approved 5-0.

Discussion on Zoning Ordinance Changes
Council will read through updated documents and give any feedback to CM Zappala.

City Council Meeting - March 15, 2016

Public Comment
Joe Phelon - Discussed sign ordinance. Requests approval to place temporary signs in public areas to let residents know where and when caucus meetings will be held. Shouldn't be viewed as political if it is open to all political parties. Signs would be removed day after caucus. This is allowed by city code and will be allowed.

City Reports
CM Rees - Members of the Parks and Trails Committee have met with someone in the city who is interested in redoing the roundabout on Cedar Hills Drive as part of an Eagle Scout project. Staff has expressed some concerns with the project because of the number of utility lines going through the roundabout and the issues that surround making significant changes. We will discuss in our meeting this week and I will report back to the Council. Family Festival Committee continues to work on Family Festival.

David Bunker - ULCT semi-annual training in St. George is the first week of April. Rec department will be adding pickleball and a soccer tournament to the Family Festival. Easter Egg hunt is coming up. Golf course is open. Emergency Mgmt meeting was a huge success with over 300 attendees.

Mayor Gygi - Finance Committee met and items discussed will be discussed during budget session in Council meeting. LPPSD met and is dealing with employment issues.

CM Geddes - Utah Valley Dispatch met but he was unable to attend. No big issues discussed.

Consent Agenda
Minutes from the February 16, 2016 City Council meeting were approved.

Discussion on FY 2017 Water & Sewer Fund and Excise Tax Debt Service Fund
Bowen, Collins, and Assoc (BCA) was asked to look at how the city could finance PI meters if the city decided to go in that direction. BCA looked at several options and provided the city with four alternatives. The following comes directly from the BCA report:

Alternative One - No PI Meters
Our understanding is that the City has not made any final decisions with regards to installing PI meters in the City. For comparison purposes, the option to maintain the PI system without metering secondary use is included in this analysis.

Alternative Two - Install PI Meters Immediately, Pay with 5-year Bond
The City could reasonably plan for the design and installation of PI meters City-wide within the next calendar year and finance the project with a 5-year bond. This alternative uses a preliminary 5-year 
amortization schedule provided to the City by Lewis Young Robertson & Burningham (LYRB). Debt service payments would begin in either fiscal year ending (FYE) 2016 or 2017 and last for 5 years.

Alternative Three - Install PI Meters Immediately, Pay with 10-year Bond
The City could also potentially finance the project with a 10-year bond. This alternative uses a preliminary 10-year amortization schedule provided to the City by LYRB. Debt service payments would begin in either fiscal year ending (FYE) 2016 or 2017 and last for 10 years.

Alternative Four - Install PI Meters in Future, Pay with Cash Reserves
The final alternative would not require the City to take on any more debt, but would delay the timeline of the project substantially. Because current revenues from pressurized irrigation rates exceed the costs of paying for the PI system (including O&M, existing debt service, and other capital improvements), the City could deposit the excess revenues into reserves and pay cash for the $1.5 million metering project at some point in the future. While estimates will vary somewhat based on water needs, other capital improvements, growth (or lack thereof) within the City, and the current balance of cash on hand, BC&A has determined that this alternative would push the implementation of the PI metering project into the future approximately 10 years1 (FYE 2025) using the updated PI rate model.

The financing for options 1 and 2 would look like this:

BCA believes that installing PI meters would result in a savings in capital improvements and O&M. Again from their report:

Aside from smaller miscellaneous PI projects that would be required, the City anticipates the need for repair and replacement of several irrigation pumps over the planning window. Due to the additional wear and tear on the PI system from overconsumption, it has been assumed that approximately $300,000 of capital improvements would be required approximately every 5 years, beginning in FYE 2019 if meters are delayed or not installed. If PI meters are installed, capital costs for irrigation pump replacement will decrease substantially. It has been assumed that once PI meters are installed, approximately $150,000 (one half of $300,000) of capital improvements would be required approximately every 10 years, also beginning in FYE 2019.

There are also likely to be significant O&M savings that must be considered in the case that PI meters are installed. BC&A has estimated that approximately $70,000 in utility costs can be saved per year once PI meters are installed, due to decreased pumping demand in the system3. Over the estimated 20-year life cycle of the PI meters, these annual savings will total approximately $1.4 million.

Considering only the costs discussed in this memorandum, the net costs of each alternative are as follows:

• Alternative 1 - $1.2 million
• Alternative 2 – $581,340
• Alternative 3 – $705,425
• Alternative 4 - $1.6 million

In the short term, Alternatives 1 and 4 have less of an impact on the City’s cash flow into and out of the water fund. As expected, implementing PI meters immediately (Alternatives 2 and 3) will have an impact on the City’s short term cash flow, but due to O&M savings over time, have a net cost lower than the other alternatives.4 From a financial perspective, Alternative 2 is the most attractive option over the long term, and by about FYE 2030 is the least expensive option.

The entire BCA memo from January 2016 can be found on my Council blog here.

Questions I would like staff to research:

• The State has indicated they may mandate water metering and recognize they would need to help pay for this. I'd like to hear from ULCT as to what they think is happening with this. Mayor Gygi said he has talked with some legislators and ULCT and the Governor's office seems anxious to move forward but legislators are non-committal. 
• Some residents have expressed they feel that we would not see a reduction in usage now that residents receive an electronic statement and can auto pay. Some feel that people will just let the bill pay process be automatic and not reduce usage as they aren't paying attention to changes in monthly bills. I'd like to know what other cities who have implemented PI metering are seeing as far as reduction and if they handle utility bills the same way we do.
• I would like to see the study done by BCA where they determined savings realized by other cities to determine if we are doing an apples to apples comparison. I recognize this may be something we have to do, but it's going to be an unpopular decision and I want to be confident that anything we do is going to fix the issue we are trying to fix. I know many residents are frustrated feeling that the city bonded for PI system with the understanding residents could use as much PI water as they wanted at a flat rate. We now realize this isn't feasible; however, we need to make sure any new projects have a high probability of realizing the savings we are expecting.

Highlights for the Water & Sewer Fund for FY 2017:

• $711,032 wages and benefits
• $534,038 Timpanogos Special Service District (Sewer Charges)
• $399,000 principal payments on debt service
• Extra principal payment of $22,000 on 2009 Utility Revenue Bonds
• $225,512 interest and trustee payments on debt service
• 2006 Utility Revenue Bonds refunded with issuance of 2014 Utility Revenue Bonds for a $402,777.04 net present value benefit
• $294,037 Rocky Mountain Power electrical costs
• $202,349 water purchases—Central Utah Water Conservancy District, Pleasant Grove Irrigation Company, American Fork
• $78,856 excise tax bonds debt service allocation (Public Works building)
• $68,376 motor pool charges
• $68,103 storm drain maintenance
• $66,075 professional services for well rehab, utility rate study, and financial software
• $59,140 meter installation and maintenance--Bridgestone

Here is a helpful utility rate comparison with other nearby cities:

One of the reasons our rates are higher than most is because other cities collect much more in impact fees than we do, especially now that we are almost built out, so we are accruing for future O&M needs that won't be paid for with impact fees. Here is a comparison of impact fees collected:

In the 2012 study, gradual rate increases were proposed by BCA from 2013-2018 to cover estimated operating & maintenance costs for rehabilitation or replacement of system components, plus capital improvements, and debt service (pay as you go philosophy):

• Culinary water rates increase 6.4% a year
• Pressurized irrigation (PI) rates remain flat
• Sewer rates increase 5.5% a year
• Storm drain rates increase 6.5% a year
• Total utility increase 3.7%-4.3%

BCA Recommendations:

• Recommended storm rate increases decline from 6.5% to 6.0% 2022-2025
• Recommended sewer rate increases stays at 5.5% through 2025
• Recommended pressurized irrigation rate stays flat through 2025
• Recommended water rate update depends on alternative chosen to deal with water consumption
• Alternative 1—Status quo, no secondary meters and no additional wells
• Water fee increases 6.4% annually through 2025
• Alternative 2—New secondary meters $1.5 million w/five-year bonds at 2%
• $900,000 used from unrestricted net position and $600,000 from bonds
• Water fee increase the same until year 5, then 8.0% decrease
• Costs city approximately $230,000 less than alternative 3 annually
• 33% less demand
• $70,000 in power savings per year
• $45,000 in pump and equipment cost savings per year
• Alternative 3—Additional well and updates to pumps, pipelines $3.5 million
• Water fee increase additional 8.0% first year, and 5.8 % second year, 6.4% each year after that
• Timing Changes
• Old Town retention project moved from FYE 2016 to FYE 2020 $400,000, PG irrigation may change timing and scope
• Canyon road sewer moved from FYE 2014 to FYE 2021 $400,000
• 4000 West sewer moved from FYE 2016 to FYE 2020 $250,000
• 4600 West sewer moved from FYE 2018 to FYE 2020 $400,000*
• *Projects may be adjusted based on timing of road projects
• Migratory meter read project to continue through FYE 2017
• Other projects
• Harvey well chlorination station FYE 2020 $80,000
• Cottonwood well chlorination station FYE 2020 $60,000
• Cedar Hills drive sewer upgrade FYE 2020 $400,000
• Sewer outfall line extension FYE 2021 $500,000**
• **Following the SECAP study, sewer projects timing will be refined
• Additional capital improvements from 2012 study
• New Jet/Vacuum truck for FYE 2018 $300,000
• Storm drain improvements for golf maintenance building for FYE 2016 $100,000
• Irrigation pumps at Pond 10 and 12 will be adjusted, if necessary
• Harvey well replacement FYE 2025

Finance Director is requesting that we separate debt service from capital projects fund. Here are details on the reasons for this, per GASB:

• Capital projects funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Capital projects funds exclude those types of capital-related outflows financed by proprietary funds.
• Debt service funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest. Debt service funds should be used to report resources if legally mandated. Financial resources that are being accumulated for principal and interest maturing in future years also should be reported in debt service funds.
• Excise Tax Debt Service Fund
• Move debt service related to Public Works building from the capital projects fund to a debt service fund for budget purposes
• Combine debt service fund with general fund for financial reporting purposes

Staff also provided information on creating a special fund to cover expected litigation costs:

• Alternative for budgeting volatile transactions like litigation and tort claims, which may allow the general fund to have more consistent legal expenses year to year
• Governmental Immunity Special Revenue Fund
• Create a risk insurance fund that funds and tracks litigation and tort claims
• Maximum tax levy rate allowed is .0001 or $42,982 in the current fiscal year
• May require truth-in-taxation, if combined aggregate rate exceeds certified tax rate
• Budget as a special revenue fund to manage and combine with general fund for reporting purposes
• Only increase property taxes if significant litigation expenditures are expected the next fiscal year, and/or current year litigation drains general fund reserves
• Amount allowed for tax under Tort Liability/Governmental Immunity 63G-7-704(2)(c) is 050 0.000100, which for us is equal to $42,982.

Questions I have for research:

• This year the State Legislature made some changes to cities bonding for judgments against cities. I'd like to know how this affects us if we do lose in any litigation and the pros and cons of going in this direction instead of creating this new fund. David Shaw is going to provide the Council with further information on this new law.

Discussion on Changes to Zoning Ordinance and Design Guidelines
We had a joint meeting with three members of the Planning Commission tonight. CM Zappala gave a brief overview of changes that were made to Design Guidelines. Has tried to remove duplicate language also found in city code. Language in introduction and vision are mostly unchanged from original document. Districts have been better identified. Zone for Walmart was updated to Neighborhood Retail as it is a high-intensity use. Use table has been completely updated and is based on use tables from other cities, especially PG and Provo. Still needing feedback from legal on changes that have been made to allowed uses. Residential uses now have very specific guidelines for density and location (ex: only allowed on second floor). Planning Commission a lot of valuable feedback and these suggestions/changes will be incorporated in to the document.

City Council Meeting - March 1, 2016

Work Session

Sent project to MAG for a traffic signal at the intersection of Cedar Hills Drive and Canyon Road. The Technical Advisory Committee (TAC) with MAG rates all the projects they receive requests for to determine which ones they will fund. This is an annual process and the funding varies each year based on what they receive from the federal government. This year MAG had about $40 million to allocate but approximately $200 million worth of projects were submitted for their review. Their emphasis is on regional projects and areas that are safety issues. Our project received a score of 68 out of 105, which puts it as a Tier 2 level as defined by MAG. It is unlikely that our project will be funded by MAG as the Tier 1 projects will consume their available funds for the year. David Bunker will continue to work with the County on Canyon Road improvement requests. We sent a letter to the County in partnership with Pleasant Grove suggesting some improvements with the two cities being willing to take on some maintenance, but so far, we have not heard back from the County on whether or not they are going to do any upgrades now that they own the road. CM Zappala suggested we also discuss with the County placing a sign redirecting large trucks to North County Blvd instead of Canyon Road in order to make it more safe and help the road last longer. David will discuss with the County.

Current property tax rate is .002315. Mayor asked for a review of revenue if the tax rate was dropped to .0019. The certified tax rate keeps revenues consistent year after year, even though expenses rise with inflation. Fire expenses have increased from $178,015 in 2006 to $675,000 expected in 2016. Police services increased from $276,943 to $406,368 in the same 10 years. We do get a great deal on our public safety services. Saratoga Springs pays $2.8 million/year just for police and they have a population of approximately 23,000. Their fire budget is around $400,000. Expenses have also increased for programs such as Family Festival, recreation, park expenses. Projects in the Capital Projects Fund rely on unrestricted fund balances year after year. Staff feels reducing the tax rate this significantly would require the city to stop offering some services, would negatively affect future planned projects, and would delay maintenance projects. This could put us in a similar position other cities are facing, such as Highland and PG, with roads not being maintained and services being cut.

Council Meeting

Public Comment
Ken Cromar - Has received a lot of abuse and has not received an apology. Cedar Hills Chat Room Facebook page shows that bearing of false witness is a problem. People don't understand what happened at Golf Course meeting, which was a hostile environment and he's never received an apology. Wants to know if Mayor has anything to say to correct the record or to apologize to him. Adds his voice to Curt Crosby and Sam Bushman in asking for the Mayor's resignation. Says he is unfit to be Mayor.

City Reports
David Bunker - TSSD met last month. Main topic was replacement of several of high speed blowers that change out air at sewer plant. Blowers that were purchased with plant expansion are having multiple issues and need to be replaced. March 8th is the annual emergency preparedness meeting. Notifications have been sent out through flyers, emails, and social media. The meeting will be at 7pm. Golf Course is now open. Jr Jazz went well. Adding a summer Minecraft Video Game Design class, which is being organized by Code to the Future. Advertising for this will start going out soon.

CM Zappala - LPPSD met and changed the structure of the executive committee, which changes operations on day-to-day basis. Cedar Hills will oversee fire budget, Alpine will oversee policy budget, and Highland will oversee operations overall. Working on better operational manual. Has been working on revising General Guidelines and we will be discussing later in the meeting. Changes have been made based on feedback by interested parties.

CM Rees - Parks & Trails Committee met and discussed plans for the year. Day of service is to work on roundabout on Cedar Hills Drive, and this will be held on May 14th. They will be removing some of the existing vegetation, raising the center, and planting new plants and flowers.

Mayor Gygi - Addressed what Mr. Cromar said. Last Council meeting we changed the ordinance regarding recording meetings, which benefited Mr. Cromar. If Mr. Cromar feels an apology is needed then they should meet together and determine what apologizes need to be made on both sides. Mr. Cromar challenged him to a debate on Sam Bushman's radio.

CM Geddes - Utah Valley Dispatch did not meet this month but he went to look at progress of the building.

CM Bailey - Arts Committee hasn't yet met and may be struggling.

CM Crawley - Read statement stating he feels the city was wrong limiting Mr. Cromar's ability to record meetings. Feels the city was wrong to create the original ordinance and was wrong to stop the meeting to discuss having Mr. Cromar removed. Says we have an obligation to stand up and defend the Constitution. He has seen Mr. Cromar harrassed for exercising his freedom. He apologized to Mr. Cromar and said his vote would be for the city to do so. He is going to do better standing up and defending the Constitution.

Mayor clarified that the original ordinance was created because meetings used to be held in a small room in the public safety issue and there were some issues with placement of cameras and safety for residents needing to exit the room. Now that we meet in a larger room the ordinance was unnecessary and the change was made.

Review/Action on 2016 Budget Amendments

• General Fund: 10-40-305 Legal Services increasing $100,000 for contracted services and $2,500 for ETJ Law (former attorney). This will be paid with unrestricted funds from the General Fund.
• Water & Sewer Fund: 51-16500 Water Improvements-Motor replacement for Cottonwood well requires up to $50,000 with the use of equity. The current motor is not working and needs to be rebuilt. New motor would be about $8000 more and wouldn't be ready for eight weeks. The rebuild will take 8-10 weeks, which means this well won't be available as a backup for the PI system. Hopefully this won't be an issue as demand isn't as high earlier in the summer and we anticipate higher runoff from the snow this year. CM Crawley suggested we keep a replacement motor always available. Staff indicated that the motor is quite large, so we don't have space to store it and don't have the ability to move it as it requires a crane. Motor is about 3 feet in diameter and about 5.5 feet tall. 

This was approved.

Discussion on FY 2017 General Fund, Golf Fund, and Golf Debt Service Fund
Items in updated budget include list of priorities from Council retreat in January.

Residents will need to vote this fall on whether or not to extend the CARE tax, which goes to arts and recreation. This is an added 1/10 of 1% on sales tax items. Things that have received CARE tax funds in our city include:

• FY 2011-2012 Heritage Park Basketball Court
• $36,245 Project—CARE tax allocation $24,938
• FY 2012-2014 Community Center Basement
• $385,917 Project—CARE tax allocation $122,840
• FY 2013-2014 Mesquite Soccer Park Bathroom
• $76,856 Project—CARE tax allocation $41,175
• FY 2015-2017 Art’s Committee Events
• CARE tax budget allocation $6,000 per year
• FY 2015-2017 Bayhill Park
• $464,224 Estimated project—CARE tax allocation estimated $80,621
• FY 2016-2017 Heritage Park Improvements
• $50,000 Estimated project—CARE tax allocation estimated $37,000

General Fund - Significant Changes

• Certified property tax new growth estimated $5,000-$20,000
• Motor vehicle tax increase estimated $5,000
• Sales tax revenues three-year average increase estimated $48,000
• Telecom general revenues estimated decrease $10,000
• Class C Roads restricted revenue estimated increase $25,000
• Garbage and recycling estimated increase $8,000 (based on usage, not fee increases)
• Processing, printing & postage fees increase $5,000
• Recreation programs increase $10,000
• Event center rentals increase $15,000
• Overall General fund revenues increase $110,935 or 2.85%

Wages and Benefit Changes

• Permanent employees proposed 3% merit increase $22,000
• Market analysis adjustment, potentially needed
• Health insurance premiums estimated increase 10%-12%
• PEHP dental insurance premium estimated 5%-10% increase
• Elected Officials’ alternative for life insurance $30 stipend option
• No change in rates proposed by the Utah Retirement System
• $9,000 set aside for health & dental benefit changes

Preliminary Street Maintenance Plan

• Public works is looking to use HA5 overlay road treatments this spring. It is a high density mineral bond surface treatment that extends asphalt life, and has a nice look. Ideally it is applied 2-3 years after a road has been paved to get the maximum benefit.
• The Cedars J-2 and J-3 subdivisions and the Meadows subdivision are on next year’s schedule to receive maintenance.
• Bayhill drive, Cedar Hills drive, Cottonwood drive, and Box Elder drive are under evaluation, and may have some maintenance performed in the next fiscal year.

Parks Expenditures

• Park maintenance and committee increase $10,225
• $2,370 Wilkinson park maintenance contract increase for existing parks
• $2,630 partial year maintenance costs for Bayhill Park
• $1,000 Cedar Hills drive roundabout landscape design
• $4,000 one-time decorative rock and electrical projects
• $2,000 Christmas lighting
• $1,200 service day
• $800 community breakfast
• $600 Santa night
• $500 beautification award
• $125 light up Cedar Hills

* Requested a bid from Wilkinson's to handle maintenance of flower beds in front of Community Center. Right now this is done by golf staff, but Parks & Trails Committee expressed concern that it was overlooked if golf staff was busy with course. They felt the flower beds should look nice as the entry the our Community Center. Staff will find out what the cost would be and report back to Council.

Other Expenditures

• Public works tech assistant full-time 40 hours a week $43,700
• $13,100 allocated to General Fund
• P/T communications specialist at 25 hours a week $20,000
• $10,000 allocated to General Fund
• Legal services $20,000 increase
• Fixed retainer fee $5,800 per month or $69,600 annually
• Fire projected increase $13,500
• Street and sidewalk maintenance increase $13,000
• Mobile resident request app $1,300-$7,400

CM Crawley feels there isn't a need to hire a communications person. I have advocated for this for many reasons. Most other cities have someone on staff who handles communication internally and externally. This person would be responsible for the mobile resident app that has been discussed (residents can use to report and track issues), communicate with residents via social media on city events, maintenance projects, and city issues/emergencies, help with GRAMA requests, work on education materials for things such as water conservation, and help the city utilize technology more to help residents who want to be involved. Other cities do things such as record City Council meetings and post to YouTube or live stream meetings with YouTube so residents who can't attend in person can still watch the meetings. This person would handle all communications externally, and would also act as a liaison between Council and staff on city issues that come up between Council meetings. CM Crawley felt those residents who want to be involved already have many ways to be involved. I feel that we have many residents who would like to be involved, but need other avenues available through technology to stay involved. Many have other commitments on Tuesday nights or prefer receiving information through methods such as email or social media instead of visiting the city's website. This is just a placeholder and will be discussed in more depth later on.

Golf Budget Highlights

• Green fees are projected at $562, 000 for the current fiscal year based on the last several years February through June average revenue amounts
• Windy, wet weekend weather during May 2015 caused green fees to decline over $17,000 lower than the prior year
• Golf pass trades: 2013-$17,500, 2014-$40,200, and 2015-$33,436
• Overall operational budgeted support from other funds $168,500
• 165 acres of open space or $1,021 of operating support required per acre
• 54 acres of irrigation lines or $3,120 per acre of irrigation
• Motor pool charges increase $10,750 for two fairway mowers
• 80 golf carts will be replaced February 2017 decrease $7,000
• Golf cart repair reduced $3,000 due to newer carts
• Green fees reduced $5,000
• Pro shop revenue increase $10,000 and corresponding expense $4,500
• $2,500 custodian allocation moved out of payroll to building maintenance
• Overall wages and benefits increase $3,750
• Supplies increase $2,500 for range balls
• Utilities increase $2,000 for electric costs
• Water pumping electric costs decreased $2,000

Golf Debt Fund Highlights

• 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 was $309,970 for the current fiscal year
• The property tax debt levy is estimated at $309,770 for next fiscal year
• Motor vehicle fees allocated based on property tax levy amounts and approximately $10,000 in fund balance make up the difference

I brought up that I would like to see some funding to extend the golf course nets on the driving range. We know we continue to have an issue with balls going over the net. We did raise a portion of the net in one section, which did reduce the number of balls going over the net in that area. I have concerns with stray balls going into Mesquite Park or hitting someone walking on the sidewalk next to the driving range. We have residents who live in that area who have indicated they have hundreds of golf balls ending up in their yards from the driving range and have asked the Council to research options to reduce this. My suggestion is that we reduce the cost of the proposed golf maintenance shed by $35,000 to pay for the netting. Others feel that we should try other things first or that those affected should install nets on their own property to keep golf balls out of their yards. I don't mind trying other things if we feel they would be effective. My hope is that we can look at this from the perspective of community. We have residents on Canyon Road who want the the city to make improvements and lower the speed because of safety. We have residents who want us to install a sewer line in Canyon Road so when their septic tanks fail they can connect to sewer. We've had residents ask us to install a stop sign on Harvey Blvd due to speed issues. We had residents in the Cedars who wanted the school district to add a school bus route to their area because of safety issues with their kids walking to school. Last year we had PG residents whose septic systems failed asking to connect to our sewer lines even though they were not yet boundary adjusted into our city, and we bend over backwards to help them. We all may have issues that are important to us or cause us concern with regards to safety and these issues may not be important to others in the city, but we would hope that the Council would listen and attempt to address the issue. I dislike the attitude that anyone who built next to a golf course should've known better and, therefore, should expect issues with stray golf balls. We can't fix every issue, but I'd like residents to know that we give the concerns raised serious consideration and fix it if we can. If we as a city-operated business are causing an issue, then I'd like us to look at what we can do to minimize the impact. With businesses that have built in our city, we have required them to do certain things to minimize the impact to surrounding neighbors, such as installing sound barriers, certain lighting, landscaping, etc. As a city-owned business, I think it is right for us to look at what we can do to minimize the impact of our operations on surrounding neighbors, just as we expect other commercial developers to do. Staff has a concern with my suggestion of reducing the cost of the maintenance shed to cover the nets as they feel it's a slap in the face to the staff who work in the building. I sympathize, but I imagine the residents who are asking us to look into this issue may feel the same way when we tell them that they should install their own nets. 

Review/Action on Contract Extension with Waste Management
The city contract for waste and recycling services is currently under review. After receiving qualified bids from several service providers in April 2011, the city council authorized a five year contract with Waste Management of Utah for waste and recycling services. The original contract is set to expire May 1, 2016. The original agreement contains a provision for a two (2) year extension with the contractor subject to the approval of city council. Staff has reviewed the extension agreement and will present it to the city council. This was approved.

Discussion on Design Guidelines and Zoning Ordinance Changes
Public Comment - Candace Smart feels it would behoove the city to let the Blu Line project go through. Not letting it go through will raise legal fees for the city and keeps that property tax out of the city. Asks that we stop wasting tax dollars fighting the project. Three years is too long for them to sell their property.

CM Zappala has sent the draft revision to legal for review. Has shared the document with the rest of the Council and would like feedback. This will need to go to the Planning Commission for review and discussion on March 17th so Council needs to be prepared to send a product to PC by end of our next meeting.

City Council Meeting - February 16, 2016

Public Comment

Ken Cromar – Thanked those who do honorable things for the residents. He marks on the comment sheet every time that he wants to be contacted but he never is. He was abused by the mayor, residents, and a newspaper reporter at the last meeting while recording the proceedings from the side of the room. This is a first amendment infringement. In October at the golf course meeting the police were called to protect him. No apology was ever given. Says current ordinance of recording is illegal and all members of the Council should have gotten up to defend him. Says he doesn’t feel most of the Council has read the US Constitution. It should be followed just as marital vows. All laws repugnant to the Constitution are null and void.

Consent Agenda

Minutes from the February 2, 2016 meeting were approved. Matthew Laney was appointed to the Beautification, Parks and Trails Committee.

City Reports

David Bunker – TSSD meets this Thursday. On March 8^th we will have an Emergency Management Townhall meeting at 7pm. The focus is family preparedness. BYU basketball night went well. Cedar Hills night with Utah Jazz is March 8^th. Theater group is moving forward with plans to hold performances next month. Golf Course plans on opening next week, weather permitting. Tomorrow night is soils community class. Living with chronic conditions class is also March 8^th, further info is on the website.

CM Zappala – Wrote a letter to the Utah County Board of Adjustments outlined why he felt they can deny Snowbird’s conditional use permit. He has not heard anything back from the Board. They have given AF City and Snowbird 60 days to come up with a water quality plan. Sent out survey to residents on our commercial area and received 717 responses. Has been working on updating design guidelines.

CM Bailey – Arts Committee has cancelled their event for this month.

Review/Action on Amending Ordinance Related to Non-Flash Still Photography and Video Recording of Public Meetings

Public Comment Barbara Cromar – At last meeting the mayor disrupted the meeting to ask Ken to move his camera to the back. Can’t get good recording from the back. The only disruption has come from those who pretend to take offense at being recorded. We are a constitutional republic, not a democracy. The current ordinance is already repugnant to the US Constitution and not enforceable. The only authority Council has is to tell Ken that the Council will protect his constitutional right to record public meetings. Ken Cromar – Finished reading the letter started by Barbara. Council has no authority to weaken his right. Says Council should enforce stricter laws to protect his right to record meetings. Read scripture. He feels endangered by the Mayor. Says many city employees also feel abused by the Mayor. Asks the Council to table the item tonight and have the city attorney start again. Says if not, he will use his current recordings to make a video showing boy scouts how his rights have been infringed upon by others. Recommends Mayor resign if he doesn’t want to be recorded. Legal counsel and city staff recently reviewed the city code, Chapter 1-5-7, relating to non-flash still photography and video recording of public meetings. Multiple sections of the code are in need of revision. Modifications to the current ordinance include updated definitions, clarification regarding audio recordings and location of non-flash still cameras and video recorders during public meetings. Some changes were made to the ordinance provided to the Council tonight. It does allow for recording in the back and sides of the room. Camera placement shall ensure that no member of the public has their view obstructed. Cords cannot be ran across aisles and exits and cameras cannot be in aisles or blocking exits. Also updated to state no recordings or photographs can be taken of documents protected by GRAMA. This was approved 3-2. CM Crawley argued that the ordinance should be deleted altogether and the city should just go with State code, which simply says that recording is allowed as long as the recorder isn't disrupting the meeting. I argued that we should have some additional clarification so that aisles aren't obstructed and views of those in attendance are not obstructed. CM Crawley and Bailey voted no.

Review/Action on Resolution Adopting Municipal Wastewater Planning Program

The Utah State Department of Environmental Quality requires that Cedar Hills submit an annual report for our “Municipal Wastewater Planning Program” collection system and financial evaluation. Staff has prepared the report for review. The State Water Quality Board requests the following action be completed by City Council: 1) City Council acknowledges that they have reviewed the 2015 report and 2) If applicable; City Council has taken all appropriate actions necessary to maintain effluent requirements contained in the UPDES Permit. Current rates and capital projects plan prepare for future needs and repairs. This was approved unanimously.

Discussion on FY2017 Capital Projects Fund and Motor Pool Fund

Tentative Current and Future Capital Project

•  Bayhill park - $446,224
•  $274,603 unrestricted fund balance
• $80,621 CARE tax revenues
•  $80,000 Park development impact fees
• $11,000 Utah County TRCC grants
• Planning and construction planned for spring/summer of 2016, with bids going out in April and construction tentatively scheduled for September.
• Golf maintenance building - $300,000
• $200,000 unrestricted fund balance
• $100,000 placeholder for storm drain/site work from Water & Sewer fund
• Purpose is to provide safer work environment, comply with various codes, regulations, and be functional; working maintenance garage and bathroom. City does have a conditional use permit for the current property in Highland so the new building can be built in the same location. Mr. Bunker has discussed with Highland the potential of sharing a building, but they indicated they are looking at other locations for what they need.
• Canyon road pedestrian and bike access extending path or sidewalk
• This will connect with the development going in east of Canyon Road. Staff is still researching options on paths vs sidewalk. Also talking with MAG about funding for a light at Cedar Hills Drive.
• Fencing for public works yard extension for storage - $14,000
• Original Public Works building was never built to also be the city offices. With that now being the case, there is not enough parking at the city building for all staff that work in that building and areas meant for public works vehicles are full. The proposed extension is to the south of the current building. Most of the work would be done by city employees.
• Funds of $14,000 would come from unrestricted fund balance
• Street lights upgraded with LED improvements - $30,000
• $30,000 unrestricted fund balance/Rocky Mountain Power Wattsmart rebates and/or Class C Road funding
• Ongoing savings come from using LED lights
• Heritage park amphitheater access improvement - $50,000
• $16,000 unrestricted fund balance
• $34,000 CARE tax revenues FY 2016-2017 with renewed CARE tax
• Tree replacement plan/Arborist - $10,000
• Long-term plan of what trees should be removed and replaced, and on what schedule 
• Park maintenance line item, if bid under $10,000
• Roundabout improvements for Cedar Hills drive
• Community Center Flooring Replacement
• Hardwood or wood-like tile flooring bids needed
• Building maintenance line item, if under $10,000
• According to staff, the current floor is laminate and can’t be refinished.
• I recommended that whatever we use to replace, we need to choose materials that will last longer than 4 years. The current floor is less than 4 years old.
• Deerfield park and street widening - $2.5 million
• $1,650,000 financing for park land and development
• $825,000 park land impact fees
• $525,000 street impact fees for street improvements

Motor Pool Fund

• $10,750 increase for Golf fund charges
• $3,455 decrease for the General fund charges
• $2,594 decrease for the Water & Sewer fund transfer
• Three trucks and two mowers are scheduled for replacement during fiscal year 2015-2016
• Two extended cab half-ton trucks $30,000 estimated per truck
• One regular cab half-ton truck $25,000 estimated
• Two fairway mowers $42,000 estimated per mower

Golf Equipment Replacement Plan

• 1^st year – 2 green mowers and pump sprayer
• 2^nd year – no purchases
• 3^rd year – 2 fairway motors
• 4^th year – tractor, rough mower
• 5^th year – 2 green mowers, top dresser
• 6^th year – reel grinder, HD utility cart
• 7^th year – rough mower, blower, HD utility cart
• 8^th year – green aerator, 2 medium duty utility cards                     

Discussion on Temporary Zoning Ordinance and Updates to General Plan and Design Guidelines

This has been an ongoing discussion. The Council continues to work on updating the language and will continue to discuss. Will be completed within the next two weeks and the next step will be to schedule public hearings. 

City Council Meeting - February 2, 2016

Work Session

Public Comment
DeAnn Nielsen - Serving as liaison between Temple Shadows and the city. Would like a two-way dialogue so she can keep their board informed. There is a drainage issue from the roundabout going south into Temple Shadows. Feels this could be a problem as there isn't a drain or outlet there. Would like this to be on a future agenda. Will attend Council meetings as needed in her role as liaison. David Bunker added her to the distribution list to receive Council agendas via email.

Discussion of Design Guidelines
Went through a proposed list of uses to indicate whether they should be considered conditional or permitted. The list was pulled from what other cities have in their conditional and permitted uses.

Discussion on Council Retreat
The Council came up with a list of priorities for FY2017. David Bunker will work with executive staff to come up with plan to implement these items and will report back to Council each month. We will also have one work session each month dedicated to reviewing the monthly management report.

Council Meeting

Public Comment
Mr. Cromar placed his camera in an area not allowed by city ordinance. He was asked by officials, staff, and residents in attendance to move his camera to the area allowed by city ordinance, but he refused. 
Ken Cromar - Read from a letter he wrote to the city attorney and also posted to his website. Wants litigation hold on all city email until he can determine if he is going to take legal action against the city. Says he has no reason to believe he has received all documents he has requested through GRAMA. Made several allegations against elected officials and city staff.

Ken Hansen - Has been a resident for 11 years and loves it here. Has seen many things. Thanks Mayor & Council for responsible governance of our city. Expressed support. Has debated with some of officials, but supports officials. Thankful for obedience to the laws, and the ordinances of the city. Thanked Council for looking after best interests of the city. Officials have support of the city.

Charelle Hagen - Encourages the city to uphold ordinances. Representatives spend a lot of time creating ordinances and there is a process to change. Thanks Council for resolutions passed to protect AF Canyon. Does not favor personal attacks on officials when it gets to the point it affects their family. Attended City Council Retreat on Friday. Appreciates time Daniel Zappala put on creating survey for commercial zone. Feels it is easy to conduct surveys. Snowbird is trying to develop in canyon and it would've saved a lot of headache to conduct a survey of what residents would want. This is where she struggles, when she was brought up to speed it was in panic mode. Never underestimate influence of serving on the City Council. Asked Council to represent constituents. Find out what residents want. What happens in Canyon will affect residents more than commercial zone.

Consent Agenda
Minutes from the December 1, 2015, January 5, 2016, and January 19, 2016 City Council Meetings were approved. Bill Knowlton and Ali Garbero were appointed to the Beautification, Parks, and Trails Committee.

City Reports
David Bunker - Ski bus starts this Saturday. Utah County Health Dept has seven week course for seniors on how to remain active and healthy and will be held at the Community Center.

CM Bailey - Arts Committee would like to host an activity on the 20th of February. More info to come.

CM Zappala - LPPSD met, but Mayor will report on that. Has spent most of his time going through Design Guidelines and Zoning Ordinances.

Mayor Gygi - LPPSD voted a new chair and vice-chair. Tim Irwin will be chair and CM Zappala will be vice-chair. Dealing with some personnel issues and replacing vehicles.

CM Rees - Family Festival Committee met and began discussing plans for events. Week will be May 31st through June 4th. No activities will take place on Monday as it's Memorial Day. The website has been updated with dates and will continue to be updated as things move forward. Parks and Trails Committee met to discuss their plans for the year and will be coming to the Council soon with their requested budget.

CM Crawley - North Pointe Solid Waste met and elected a chair for upcoming year. Appointed a UASD board member alternate (Commissioner Ellertson). Discussed fences for their facility to keep people from coming in.

CM Geddes - Utah Valley Dispatch began construction of new facility in Spanish Fork.

Review/Action on Amendments to FY 2016 Budget

• $10,000 increase to 10-40-220 Newsletter & Utility Billing processing costs and to 10-34-300 Processing Fees (processing fees offset cost)
• $2,000 increase to 10-40-221 Legal Advertising and increase 10-40-305 Legal Services $29,500 for Feb-June Legal Retainer fees, $70,500 for potential litigation, $5,945 for Eric Johnson’s golf related legal services, which is offset from $92,945 in unrestricted fund balance and $15,000 increase in building related revenues. These revenues mostly relate to solar permits. Mr. Johnson's portion will be carved out of this until we come to an agreement on his invoice.
• $2,000 increase to 10-45-400 Election Expenses offset by $2,000 increase in building related revenues. Increase in expense came from recount requested during the primary election.
• $20,000 increase to 10-60-215 Contract Labor offset by the higher volume in 10-32-200 building permits and 10-32-210 plan check fees. 
• Sources and uses related to the refunding of the 2006 Excise Tax Bonds and the issuance of the 2015 Excise Tax Bonds to capture net present value savings of $208,949. 40-99-101 Other financing use—Payment to Escrow $1,826,563, 40-99-102 Bond Issuance Costs $23,757, 40-99-105 Other financing source—Refunding bonds issued $1,644,000, 40-14-165 Use of Debt Service Reserve Fund $176,320 and 14-14167 use of the Bond Fund $30,000.

This was approved.

Presentation by Snowbird Related to AF Canyon Watershed
Public Comment
Marisa Wright - Has concerns on water and public easement through Snowbird property. Went to County Commissioners meeting last week and spoke about Yankee mine. No real studies have been done regarding enormity of pollutants. Mr. Bonar brought to the meeting the studies. She asked for them to be made public, but they have not yet been made public. Yankee mine is in area Snowbird wants to expand. Mines can be disturbed. Says Mr. Bonar said it's OK as long as you don't step on the dirt. Feels this is an indicator the area is fragile. Wants to know how Snowbird is going to prevent people from stepping on the dirt. There are so many mines up on Snowbird property that need to be cleaned up. This is a huge issue for the quality of our water. It could contaminate water. Wants Council to put pressure on Snowbird.

Mark Allen - Started Protect and Preserve American Fork Canyon. Over past nine months he has made several GRAMA requests which paint a picture that concerns him. One came from an email sent to Mayor Gygi and was about a land swap. This concerned him as he was told Mayor didn't know about this until late last year. Also included a letter from Snowbird's attorney with more details. Feels that there are more emails or attachments that should have been included in his GRAMA request. Worried about Yankee mine. Half a million gallons of water could be contained in that mine. Says Snowbird cleaned up only a small portion of their mines. Encourages Bob Bonar to join with EPA to clean up entire six acres. If it's cleaned up then most of the issues go away. Property was purchased with prescriptive easements and can't displace locals without violating these easements.

Divo Hagen - Thanks Council for service and time. Wants to know why Snowbird has requested to do a presentation to city officials. Wants officials to think about what is going to transpire in the Canyon and that we do all we can as a city to make resident voices heard. Council represents the will of the residents of  Cedar Hills. Wants Council to do all in power to represent the desires of the city. There is not an agreement that Snowbird should be allowed to make changes they want to make. Secondary issue is making it safe if the project is even something residents want. First should figure out what residents want for the Canyon. Feels his commute will be encumbered by changes in canyon. He's opposed to changes. Wants to know Council has listened to residents and are doing all it can to represent will of residents.

Jason Goates - Thanks Council for public service. Has gone through GRAMA requests. Information is disconcerting and there are holes in information provided. Went to earlier meeting in American Fork where Snowbird also presented today. Everyone in Cedar Hills needs to be concerned and needs to raise questions on watershed. Most studies by Snowbird were done 15-20 years ago. Wants to know why they feel this is enough. Risks of Yankee mine far outweigh the odds. Doesn't want to see something like what happened in Colorado happen here. Risks do not outweigh the odds. Wants to know who is responsible if something catastrophic happens, wants to know if there is a plan in place. Says Mr. Bonar has said he wants to be open in his processes, but he doesn't feel like there has been transparency or openness. Feels there needs to be more of a public setting where Snowbird hosts a meeting. Access, rights of way, and water are big issues.

Mayor Gygi wanted to correct some things that had been said about him. On GRAMA or email retention, the legal document he received was a pdf and he provided everything he was sent via email. Another question that came up was a letter drafted by staff on behalf of the Mayor, and he brought a copy of the letter for Mark if he wants it. Feels Protect and Preserve is losing credibility. Would like to know who the admins/moderators of the Protect and Preserve Facebook page are and what the vetting process was to determine who was given authority. Wants to know how Mr. Allen fact checks what is said as it opens him up to liability of slander. Feels Mr. Allen needs to apologize to all those who have been slandered on his Facebook page. There is a reason Mr. Allen banned four people from his site. Protect & Preserve website says they don't have a board and wants to know why they don't. Board should keep them on track. Seems to have a philosophy that it doesn't matter what people do, but what they think or what you think they are going to think. Everyone knows his views on AF Canyon, he likes the idea of a gondola. But he's never come to the city as mayor and told the Council to get behind that idea. There was a group that went to Europe and he said no as he felt it would be inappropriate. He didn't receive any campaign contributions from Snowbird. The only thing P&P can say is they don't like the way he thinks. Cedar Hills is never going to vote on this issue. What he feels is ironic is that he helped create a committee to study the impact on AF Canyon but Mr. Allen destroyed that committee. Now hears Mr. Allen wants to create a committee to do this. He could have asked for a seat at the table and would have been given one, but he didn't go that route. Learned that a leader that makes corrections is given respect. People who don't make corrections lose trust and respect. This is not his fight, it's Snowbird's fight. Everyone on the AFC Vision Committee was honest in their approach.

Bob Bonar presented on behalf of Snowbird. He is the president and general manager of Snowbird. Thanked Council for service. Everyone is concerned about water quality and they care about it everything they do. Presentation tonight will address water quality concerns. If intent is to keep Snowbird from doing anything on their private land then presentation will not be meaningful. Their proposal right now is relocating one ski lift in Mineral Basin. They have two ski lifts in Mineral Basin and have had for 20 years. Want to relocate a net capacity to one of those lifts. Other part of proposal is to add two lifts to their private property in Upper Mary Ellen Gulch and also add a zip line to one of those lifts. Proposal does not extend to AF Canyon, will not have impact on traffic. Also includes ancillary skiing facilities, like a warming hut.

Neil Arts presented on behalf of Snowbird. He has a PhD in Renewable Natural Resources and has been in environmental consulting field for 25 years. Has staff of six people. They do environmental impact and compliance reviews for governmental agencies. Have completed close to 100 major analyses of this type. Majority regarded winter sports developments of some kind. Has maintained a good reputation. Has commitment to objectivity and sound science. Mining related water quality issues are not new. Started in 70's and gained traction in the 80's. A no-further-action remedial plan was made by EPA in 1995 and 2002 for AF Canyon mines. Partnered with Snowbird to create a remediation plan for areas of concern. Dutchman Mine repository was completed in 2003. Took contaminated materials and gathered them into a repository. Left main issue of Upper Mary Ellen Gulch mines, including Yankee mine. Studies identified mine tailings in the area. Recommendation from Forest Service, with EPA agreement, was to leave pilings in place because there isn't a good spot for repository. Mine tailings that aren't close to water bodies aren't a priority for EPA. Snowbird started building a ditch to keep water away from the tailings. In 2008 with help of Forest Service, Snowbird put in more active drainage system to make sure drainage continued to fall away from mine. Has met most rigid standard. Most metals in AF River were reduced significantly, reductions from 50-80%. Snowbird met all standards required by the State, it just improved from the standard. Dilution of contaminants in AF Canyon also naturally occurs from snow pack runoff. The further down the Canyon you get, the smaller amount of metals found. There has never been an exceeding of standards below Tibble Fork. Some misinterpretations have arisen through this process. First is that there is a need for more studies. They have looked at 14 studies completed from the 1990's through well into the 2000's. There have been about 1000 water quality samples run. Believes the situation is well understood and has been well studied. Those responsible for safeguarding resources say all that should have been done has been done. Another concern has been that it will reduce water quantity. Proposal does not include any change of water quantity. Big consideration is ground water recharge. There are bedrock aquifers in the canyon. Most recent USGS studies show the water quality here is highest quality water in the region. Water drainage in the Snowbird area meets standards, and continues to be diluted of contaminants as it reaches the mouth of the canyon. If there were going to be issues with water quality, it would have occurred before the remediation efforts happened. Another concern that has been brought up is potential affects on PI water. Current reports show that there would need to be a significant increase in metals in order for it to be labeled a concern, more than what would come from this development. Snowbird has operated for 50 years in Little Cottonwood Canyon under magnifying glass of Forest Service and SL County and water quality testing done in that canyon shows Snowbird has been consistent with good water quality. Another concern brought up was the disturbance of mines. Equipment should not operate on the tailings. Right now people ride ATV's and motor vehicles in the area and there is no regulation of contact with those materials. One of Snowbird's mitigation efforts will be to eliminate access to the tailings. Another concern has been avalanche control programs created by Snowbird. Avalanches are naturally occurring in the canyon and don't generally disturb soil surface. Snowbird's proposal is to keep snow on the mountain, not to push it to the bottom so would have less potential to cause damage. Another concern is how to monitor if something went wrong. Snowbird has developed a monitoring plan to look at metals in the area to establish a baseline, then continue for 10 years to make sure area is stable. Snowbird is willing to extend this beyond 10 years. Another concern has been a plug in Yankee mine. Says that claim is speculative. Water accumulates in the mine and drains out. Whatever is in the mine tunnel is not going to be affected by this project. They are staying away from mine and tailings. If something were going to happen to affect water quality, it would have manifested before remediation projects were done. Well within standards by the time water gets to the mouth of the Canyon. This project does nothing to alter the risk that exists today or tomorrow.

CM Zappala asked if this information is in a report that is publicly available. The answer was it has been summarized and provided to the County.

CM Crawley criticized Snowbird. Feels they have paid AFC Vision and several politicians, as well as for this study. Hasn't seen an outside independent voice on these studies. Dr. Arts said his stock in trade is to follow scientific standards and he has done so. He has done EIS studies.

CM Geddes asked if CFS includes Mary Ellen Gulch, Dr. Arts said it only includes property of the project being proposed. Clarified project will be entirely on the private property. Mr. Bonar said the system is setup to require the developer to hire out the studies.

I asked about prescriptive easements and public right of ways. Mr. Bonar said they have made their property available for private and motorized use and are committed to continuing that use on County Class D roads. This applies to historical uses on Class D roads. Snowmobiling is a safety problem for them, so won't include snowmobiling.

Marty Banks presented on behalf of Snowbird. Has worked on conditional use permit. Surveyed the area and there are four small areas that are considered Class D roads. In winter it may necessitate a seasonal closing in areas near the ski area, but the other areas where there aren't any conflicts, they've made commitment to let public continue to use those areas.

CM Crawley asked Mr. Bonar about Mayor Gygi's involvement and statement that he didn't know about land swap proposed by Snowbird and Mountain Accord. Feels Snowbird used Mayor Gygi in the process. Feels it was disingenuous to use Mayor Gygi. Mayor Gygi reiterated that he didn't know of land swap discussions. Mr. Bonar said they have been working on land swap on both sides of mountain for many years. There have been public meetings, it was in the newspaper, there has been a lot of knowledge of these discussions starting with Congressman Matheson's Wilderness bill many years ago.

CM Bailey asked if there is any possibility of water contamination from tailings that exist from current use of the property. Dr. Arts said if you recreate on the tailings then yes, it could impact water supply. CM Bailey worries about contaminants getting into aquifers. Wants to know what safeguards are in place to eliminate pollutants in canyon that could impact water quality. Dr. Arts said there isn't a way. Said worse area is in a naturally occurring area in upper gulch area. Says project regulates some recreational use and project does not directly or indirectly affect tailings piles. Having more access and more presence to the area allows for better monitoring. Dr. Arts said it would take a lot to clean up all tailings. Would need a capable access road, then find a repository in the valley. Bottom line is that all tailings in the West are a ticking time bomb, but experts say to leave them be if you aren't running equipment on them. CM Bailey asked what the impact on use in the area will be. Mr. Bonar said most of public use occurs in summertime and is a few ATV's per day. After it is developed he feels the use will be similar to Mineral Basin. Feels track record in Mineral Basin with ski lifts built 18 years ago, which has mine tailings, show no negative impact on water quality. CM Bailey expressed concern that increased use could lead to contamination. Dr. Arts said access would be contained and kept away from tailings.

CM Zappala asked about zoning put in place to allow for this type of use and what role Snowbird had in zoning for the area. Said his understanding was that a zoning change was made to allow for a project like this. Mr. Bonar said he's not prepared to answer that question. CM Zappala said he read through materials given to Utah County and one concern was with view shed, which Snowbird indicated would be small. CM Zappala feels they don't address impacts of view shed on recreational uses on public lands. It isn't inhabited land, but people use the area to recreate. Mr. Bonar said he understands ski towers change the viewscape. CM Zappala asked how Snowbird balances the impact for those recreating on public lands. Mr. Bonar said they would work to have it better blend with the existing landscape. Forest Service has made recommendations on how to do this. View shed analysis that was done included a 10-mile radius from proposed project. A basic tenant of a view shed analysis is dependent on the number of people who will be affected. Says there is one campground, no heavily used roads. CM Zappala asked about AFC Vision process and what Mr. Bonar's opinion of that process is. Mr. Bonar said he is supportive of those processes. He wanted to be involved as there are a lot of user groups in AF Canyon. He would be happy to participate in a process but won't be the one suggesting it. Won't revoke his application for a conditional use permit for a ski lift.

Mayor Gygi quoted Carl Fisher of Save Our Canyons, Mr. Fisher said AFC Vision was the solution, not the problem. CM Zappala said residents would be happy to have a Mountain Accord type process.

CM Crawley asked if Snowbird will take responsibility for liability if something fails, like what happened in Colorado. Mr. Bonar deferred to his attorney, who said that Yankee mine has been in existence for some time and been owned by several entities. Utah Dept of Environmental Quality would be involved in a catastrophic event to determine the cause of the failure as that would be on the list of responsible parties (was it an owner or user of the land?), then DEQ would assess ownership duration and responsibilities during that time, then allocate responsibility among all parties.

I asked if Snowbird was intending on building the ski lifts before AFC Vision had completed their process and Mr. Bonar said they were planning on waiting until the process was over. I asked if they would be willing to hold off until the County can create another group to do this process if they were planning on waiting anyway, but Mr. Bonar said no. I asked if they would be willing to release all water quality reports to the public so that those with concerns can read through them. He said they have been provided to the County and can be requested from the County.

Discussion on Temporary Ordinance and Completion of Amendments to General Plan and Design Guidelines
Postponed for next meeting as it was discussed during work session.