Public Comment
Mr. Cromar sent an email that was read into the record stating that if alcohol was going to be included as part of the concessions agreement, he wanted the Council to postpone the vote until it was noticed with the word alcohol on the agenda.
City Reports
Chandler Goodwin - Meeting with Jack and Jill Bowling to discuss a youth league. Had the Jr Jazz meet a member of the Jazz night. Events staff attending a wedding expo next Saturday. Golf Course Maintenance bldg waiting for Highland City to approve the building permit. Bayhill Park is on hold until weather is better, but will not delay park deadline. Requesting proposals for park master plan.
CM Zappala - LPPSD meeting was held to discuss the future of the district. Presentation suggested we needed to significantly increase our fire staffing to meet national standards. This would increase the budget from $3 million to over $5 million. This would be challenging with our budget. Council needs to be prepared for future discussions.
Mayor Gygi - LPPSD meeting discussed allowing cities to appoint members differently from what the bylaws allow. Will be an action item at next meeting. This would allow us to appoint different members of the Council to the board. MAG met and appointed Gygi as chair.
CM Rees - FF chairs met. We do have dates set, which are May 30th-June 3rd. More will be discussed during my agenda item at the end of the meeting.
CM Crawley - Planning Commission met and discussed zoning map.
Consent Agenda
Minutes from the 1/17/2017 City Council Meeting were approved.
Review/Action on Amendments to Zoning Map
Planning Commission and City Council have approved multiple rezoning requests throughout Cedar Hills. Areas were rezoned from RR-1 20,000 to R-1 15,000 and many City owned properties were placed into the Public Facilities Zone. The City is required under Utah State Code 10-9a-501 to have an official zoning map adopted by ordinance with a recommendation from the planning commission. No zones are being rezoned with this decision, only the adoption of a map reflecting previous decisions. Planning Commission gave their recommendation to the City Council in their January 24, 2017 meeting. This was approved 5-0.
Review/Action on Contract for Cedar Hills Grill
The City recently reached out to local food vendors in an effort to find a tenant to operate concessions and food services at the grill. Contact information for Six Sisters Deli and Grille was provided to staff by Councilmember Geddes. Staff reached out to the owner of Six Sisters, Monica Rogers, and secured a meeting to inspect the grill, and discuss operations and answer any questions. Based on that meeting with Mrs. Rogers and her associates, hearing her background, and visiting and eating at her current establishment, staff is very comfortable recommending Six Sisters Grille and Deli to be the operators of the Cedar Hills grill space. Mrs. Rogers provided the City with a letter of interest in leasing the grill space (see supporting documents). As part of her offer, she would agree to terms similar to the previous tenant, with the disclaimer that there be a cap on shared revenue of $3000. The base rent is $600, which covers our costs for owning the grill, including utilities. Mrs. Rogers has a background in the food industry, and currently runs a successful grill and deli in Eagle Mountain for the past two years that also offers catering. They are a destination location in Eagle Mountain as they aren't on the way to anything or on a main road. Have become a local place where community comes together. Support local schools and businesses. Has a gluten free menu. They are anticipating an April 1st start date. Staffs opinion is that the contract will be beneficial and the sooner the city engages in a contract, the sooner services will be provided which will benefit the vendor and the City both short term and long term. This was approved 5-0.
Review/Action Amending Fees
Cedar Hills Building Department completed an audit of outstanding permit requests. It was found that two permit requests, (#554, #629), had been submitted to and processed by the building department but not picked up by the applicant. This resulted in insufficient fees being collected to provide the pass-thru costs to Sunrise Engineering for the plan review. The amount of loss to the City totaled $1,824.36. To prevent future losses staff proposes that the fee schedule for “Residential Plan Check Deposit” be changed from the current deposit of $300 to the proposed graduated fee schedule. The proposed fee schedule is based on square footage of the dwelling and more accurately reflects the actual cost for plan check costs. This was approved 5-0.
Discussion on Family Festival
Jerianne Conroy (Family Festival Chair), Rob Olsen (Vice Chair), Council Member Rees, and Greg Gordon (treasurer) met to discuss the upcoming 2017 Family Festival on February 1st and in the discussions it was brought up that Jerianne is having some struggles with our current carnival company representatives. We are entering our final year of our contract with them and Jerianne is feeling strongly that they are moving on from us to bigger cities. In our discussions that day Jerianne asked Councilmember Rees to bring this up as a discussion point at the next Council meeting with the Mayor and City Council to see if there was any thoughts of trying to work with the Highland and Alpine leadership to see if all cities could collaborate together to make it more attractive for the carnival companies so we can continue our great tradition of having a carnival with bigger rides. This year Browns Amusements Company has told us that we will not be having any large teen rides (particularly the ferris wheel) for our participants because they are sending it to another local festival that is taking place that same week. Jerianne has been in contact with Browns Amusements since November in trying to secure our date but has been pushed off until February 1st when she finally secured May 30th-June 3rd for this summer’s festivities. The Council was fine with the committee exploring the option of combining with other cities, or eliminating the carnival or having a small kid carnival. I will work on this with the FF Committee and report back.
Discussion on Highland Gardens Water Connection
Cedar Hills provides water to a limited number of users that are outside the jurisdictional boundaries of the City; Cedar Hills also receives water from other jurisdictions. Cedar Hills is required to meter and backflow protect each point of connection and we require metering and backflow protection at all service connections. Highland Gardens (AF City) submitted a permit application for a new larger culinary water service to their property on 4800 N. Cedar Hills staff reviewed and approved the permit with conditions that the water be metered and protected for backflow. American fork City reviewed and approved Cedar Hills’ plan review and the proposed equipment. A permit was issued 11/2/15 and the property owner’s contractor proceeded to install the new water line but failed to install the required meter, backflow devise and meter box. Staff reviewed the permit at the time of expiration and contacted the owner with a request for final inspection. During the inspection it was noted that the owner had made the connection to the Cedar Hills water main and had energized his new lateral without authorization. The owner and AF City were notified that the installation was not installed as per the approved plans, that the permit was no longer valid and that the lateral valve had been closed. The owner contacted Mayor Gygi and staff for a review of his project. Staff agreed to a permit extension for an additional 180 days. This permit extension expires April 14, 2017; at which time staff will close the street valve if the project is not completed as per the approved plans. Considerations: 1) The project includes the addition of a new 6” culinary water service lateral to private property outside Cedar Hills’ jurisdiction. This service will provide water for a fire suppression system and hydrant. 2) Cedar Hills ordinance requires that all service laterals be metered (7-1B-6). 3) Backflow protection is required by City Ordinance (Chapter 5). 4) Owner to provide and install backflow device (7-5-3, B, 2). 5) Meter and backflow equipment must be listed for fire service.
Discussion on Short Term Rentals
A new bill is being considered by the State Legislature. HB 253 defines a short term rental as, “a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive day.” The bill prohibits a legislative body from enacting or enforcing an ordinance that prohibits a person from listing, offering, or renting an owner-occupied short-term rental. The feedback that will be provided to ULCT from Cedar Hills is 1) concern about renters being able to lease homes for short-term rentals, 2) the State should not tell cities how to legislate these types of items, it should be up to the city.
Discussion on Canyon Road
Recently, I met with Commissioner Lee to discuss the future of Canyon Road. For more in depth info on this issue, see my blog at https://jenneyrees.wordpress.com/2016/11/27/canyon-road/. In this recent meeting, I suggested to C. Lee that the County take the entire funding already approved by MAG to do all the upgrades and repairs that have been discussed, but remove the requirement for Cedar Hills to take ownership of the road for the reasons I outline in my blog post. I suggested that Cedar Hills would be willing to pay for the ongoing maintenance of those upgrades we are requesting that are above and beyond what the County would put in a County road. Having drainage and curb and gutter makes the road safer and prolongs the life of the road. All other maintenance would be covered by the County as they own the road and are responsible for it. C. Lee was willing to discuss this proposal with the rest of the Commissioners, so I wanted to bring it back to the Council for further discussion so we are all on the same page for future negotiations.
CM Crawley was frustrated that we were continuing to have these discussions. CM Zappala was in favor. In the end, the Council agreed to continue conversations with Commissioner Lee to see if we can come to an agreement.
Tuesday, February 7, 2017
Tuesday, January 17, 2017
Council Meeting - January 17, 2017
Public Comment
Nobody signed up.
Consent Agenda
Minutes from the 1/3/17 Council meeting were approved.
City Reports
Chandler Goodwin - Jr Jazz has over 1000 participants and going well. Ski bus starts next Saturday and has 80 participants. Plants and Soils class starting again next month. Looking at new programs for Recreation. 1/18/17 is partners in policing event at Community Center. This Saturday is the Council budget retreat. 1/31/17 at Highland fire station, LPPSD will be presenting a study regarding staffing and future of LPPSD. Board of Adjustment meeting 2/8/17 at 6pm. Emergency Mgmt townhall on 3/14/17.
Mayor Gygi - LPPSD board met. District hired someone to handle emergency preparedness advisory assignments. Suggested the board allow changes to board assignments each year so all council members have a chance to serve on the board.
CM Rees- Family Festival Committee meeting next week and hopes to have final dates soon for Family Festival.
Review/Action on Resolution Adopting FY2017 Budget Amendments
Review/Action on Resolution Making Council Assignments
Assignments are as follows:
Review/Action on Resolution Supporting Murdock Connector Road
American Fork Councilmember Rob Shelton has respectfully asked for support of the Utah State Developmental Center and the Murdock Connector Road. This is a MAG funded project being run and built by the County and Highland City. This connection would help to build a desperately needed East/West connection on the North end of the county. This project was slated to have been built and finished by now, but some political issues at the State level have continued to delay the project. Representative Mike Kennedy, who is hoping to run some legislation this year to help resolve the conflict, has asked that neighboring cities adopt resolutions of support that he can show his fellow colleagues this upcoming session. The road would connect to Harvey Blvd in Cedar Hills. This was approved. The proposed road is highlighted below.
Review/Action on Resolution on Boundary Adjustment with Pleasant Grove
Dennis Thayne, a current resident of Pleasant Grove, owns parcel 14:002:0133 which is in Cedar Hills. The parcel is located in the RR-1 20,000 zone and is .574 acres in size. Mr. Thayne wishes to take his Cedar Hills parcel into Pleasant Grove in order to develop the lot for a single family home. The issues with developing the lot in Cedar Hills center around delivering utilities, public safety response, and the proposed stem of the flag lot. In order to hook up the home to sewer, the lot would need to connect to the Cedar Hills line located in 4000 N, and the lateral would have to run through a Pleasant Grove lot in order to service the proposed development. With public safety, the lot would have to be developed with a turn-around system to allow access to a fire truck. Finally, the Municipal Code for Cedar Hills would have to be amended in order to allow for flag lots with stems greater than 250’ in length. The lot is question is below:
CM Bailey is opposed to this. He feels we should be working on cleaning up the boundary and shouldn't allow for anyone north of the canal to leave the city. I take the opposite view. I don't see a reason to hold hostage a property owner due to an ongoing fight with PG that isn't going to be resolved. Based on feedback from staff, this isn't property that can be developed in a way that meets the code for Cedar Hills. If we won't approve a development because of the issues with the lot, then it is fair to the property owner to allow them to boundary adjust into another city that will allow them to develop. With PG installing a sewer line on 4000 N, they are willing to allow variances on public safety and flag lots in order for this to be developed. It would be high unlikely that Cedar Hills would give those same concessions due to the public safety concerns. I think we should allow the property owner to make the decision based on what allows them to use their property. Council voted 2-2 (Rees and Zappala voting yes, Crawley and Bailey voting no) on this, so Mayor Gygi was the tie breaker voting yes. The motion passes.
Nobody signed up.
Consent Agenda
Minutes from the 1/3/17 Council meeting were approved.
City Reports
Chandler Goodwin - Jr Jazz has over 1000 participants and going well. Ski bus starts next Saturday and has 80 participants. Plants and Soils class starting again next month. Looking at new programs for Recreation. 1/18/17 is partners in policing event at Community Center. This Saturday is the Council budget retreat. 1/31/17 at Highland fire station, LPPSD will be presenting a study regarding staffing and future of LPPSD. Board of Adjustment meeting 2/8/17 at 6pm. Emergency Mgmt townhall on 3/14/17.
Mayor Gygi - LPPSD board met. District hired someone to handle emergency preparedness advisory assignments. Suggested the board allow changes to board assignments each year so all council members have a chance to serve on the board.
CM Rees- Family Festival Committee meeting next week and hopes to have final dates soon for Family Festival.
Review/Action on Resolution Adopting FY2017 Budget Amendments
- 10-40-305 Legal Service expenditures are being increased $200,000.00 based on the anticipation of litigation costs. 10-36-903 Transfer in from Capital Projects fund has also increased $200,000 to offset the anticipated litigation expenditures.
- 40-30-902 Sale of Capital Assets related to Cottonwood Lots has increased $400,000.00 based on the recent sale of land lots. 40-96-100 Transfer out to General Fund has also increased $200,000.00 to offset likely litigation related expenditures. Four out of the seven lots have sold this fiscal year.
- 10-34-325 Passport revenues adjustment of $20,000 will be partially offset by various part-time labor related costs. 10-44-120 Salary & Wages (PT) $4,500, 10-44-150 Employee Benefits/Payroll taxes $500.00, 10-61-120 Salary & Wages (PT) $4,500, 10-61-120 Salary & Wages (PT) $4,500, 10-61-150 Employee Benefits/Payroll Taxes $500.00.
This was approved.
Review/Action on Resolution Making Council Assignments
Assignments are as follows:
- North Pointe Solid Waste - Dax Fossum
- Utah Valley Dispatch - Ben Bailey
- Parks & Trails - Daniel Zappala
- Family Festival - Jenney Rees
- Lone Peak Public Safety - Gary Gygi and Mike Geddes
- Planning Commission - Rob Crawley
- Communications - Staff and Jenney Rees
This was approved.
American Fork Councilmember Rob Shelton has respectfully asked for support of the Utah State Developmental Center and the Murdock Connector Road. This is a MAG funded project being run and built by the County and Highland City. This connection would help to build a desperately needed East/West connection on the North end of the county. This project was slated to have been built and finished by now, but some political issues at the State level have continued to delay the project. Representative Mike Kennedy, who is hoping to run some legislation this year to help resolve the conflict, has asked that neighboring cities adopt resolutions of support that he can show his fellow colleagues this upcoming session. The road would connect to Harvey Blvd in Cedar Hills. This was approved. The proposed road is highlighted below.
Review/Action on Resolution on Boundary Adjustment with Pleasant Grove
Dennis Thayne, a current resident of Pleasant Grove, owns parcel 14:002:0133 which is in Cedar Hills. The parcel is located in the RR-1 20,000 zone and is .574 acres in size. Mr. Thayne wishes to take his Cedar Hills parcel into Pleasant Grove in order to develop the lot for a single family home. The issues with developing the lot in Cedar Hills center around delivering utilities, public safety response, and the proposed stem of the flag lot. In order to hook up the home to sewer, the lot would need to connect to the Cedar Hills line located in 4000 N, and the lateral would have to run through a Pleasant Grove lot in order to service the proposed development. With public safety, the lot would have to be developed with a turn-around system to allow access to a fire truck. Finally, the Municipal Code for Cedar Hills would have to be amended in order to allow for flag lots with stems greater than 250’ in length. The lot is question is below:
CM Bailey is opposed to this. He feels we should be working on cleaning up the boundary and shouldn't allow for anyone north of the canal to leave the city. I take the opposite view. I don't see a reason to hold hostage a property owner due to an ongoing fight with PG that isn't going to be resolved. Based on feedback from staff, this isn't property that can be developed in a way that meets the code for Cedar Hills. If we won't approve a development because of the issues with the lot, then it is fair to the property owner to allow them to boundary adjust into another city that will allow them to develop. With PG installing a sewer line on 4000 N, they are willing to allow variances on public safety and flag lots in order for this to be developed. It would be high unlikely that Cedar Hills would give those same concessions due to the public safety concerns. I think we should allow the property owner to make the decision based on what allows them to use their property. Council voted 2-2 (Rees and Zappala voting yes, Crawley and Bailey voting no) on this, so Mayor Gygi was the tie breaker voting yes. The motion passes.
Tuesday, January 3, 2017
City Council Meeting - January 3, 2017
Public Comment
Nobody signed up.
Consent Agenda
City Reports
Chandler Goodwin - Over 1000 participants in Junior Jazz. 70 participants for ski bus. Hired new recreation/events coordinator. January 18th, AFPD will have a meet-and-greet with residents to answer questions and get to know officers. Working on setting up a meeting time for Board of Adjustment.
Mayor Gygi - Council retreat on January 21st. Received four applications for City Manager. Mr. Goodwin will also be submitting an application. Mayor will narrow down to a few options, which will be presented to the Council. Applications will be sent to the Council. Goal is to have new manager by end of first quarter.
CM Geddes - All CM's invited to grand opening of Utah Valley Dispatch.
CM Zappala - State of City is mostly done.
Review/Action of Mayor Pro Tempore
Consistent with UCA 10-3b-302 and City Code 1-5-3, MAYOR AS MEMBER OF CITY COUNCIL; the terms and scope of the duties of Mayor Pro Tempore are defined. In summary, the mayor pro tempore shall have all of the powers and duties of the mayor during his absence, disability or refusal to act. The election of a mayor pro tempore shall be entered in the minutes of the meeting. Councilmember Rees, Zappala and Crawley have all served most diligently in previous years; the next council member to serve would be Councilmember Geddes. The term would begin January 3, 2017 and continue to January 2, 2018. This was approved.
Review/Action Proclaiming January 22-28, 2017 as School Choice Week in Cedar Hills
Andrew Campanella, President of the National School Choice Week has respectfully asked for support in recognizing School Choice Week. Held every January, School Choice Week shines a spotlight on effective education options for children – including traditional public schools, public charter schools, public magnet schools, private schools, online learning, and homeschooling. This was approved.
Review/Action on Release of Performance Bond and Start of Durability Period for Lakeshore Trails Plat A
A final walk through of the Lakeshore Trails Subdivision Plat A has been conducted. City staff conducted an inspection and at this time all improvements have been installed per development regulations and specifications. The subdivision will now enter a one year durability period. This was approved.
Nobody signed up.
Consent Agenda
- Appointed Chandler Goodwin as City Treasurer.
- Appointed John Dredge and LoriAnn Spear as regular members of the Planning Commission. Appointed Steven Thomas, Brian Miller, and Jared Anderson as alternate members of the Planning Commission.
- Minutes for the December 7, 2016 and December 16, 2016 Council meetings were approved.
City Reports
Chandler Goodwin - Over 1000 participants in Junior Jazz. 70 participants for ski bus. Hired new recreation/events coordinator. January 18th, AFPD will have a meet-and-greet with residents to answer questions and get to know officers. Working on setting up a meeting time for Board of Adjustment.
Mayor Gygi - Council retreat on January 21st. Received four applications for City Manager. Mr. Goodwin will also be submitting an application. Mayor will narrow down to a few options, which will be presented to the Council. Applications will be sent to the Council. Goal is to have new manager by end of first quarter.
CM Geddes - All CM's invited to grand opening of Utah Valley Dispatch.
CM Zappala - State of City is mostly done.
Review/Action of Mayor Pro Tempore
Consistent with UCA 10-3b-302 and City Code 1-5-3, MAYOR AS MEMBER OF CITY COUNCIL; the terms and scope of the duties of Mayor Pro Tempore are defined. In summary, the mayor pro tempore shall have all of the powers and duties of the mayor during his absence, disability or refusal to act. The election of a mayor pro tempore shall be entered in the minutes of the meeting. Councilmember Rees, Zappala and Crawley have all served most diligently in previous years; the next council member to serve would be Councilmember Geddes. The term would begin January 3, 2017 and continue to January 2, 2018. This was approved.
Review/Action Proclaiming January 22-28, 2017 as School Choice Week in Cedar Hills
Andrew Campanella, President of the National School Choice Week has respectfully asked for support in recognizing School Choice Week. Held every January, School Choice Week shines a spotlight on effective education options for children – including traditional public schools, public charter schools, public magnet schools, private schools, online learning, and homeschooling. This was approved.
Review/Action on Release of Performance Bond and Start of Durability Period for Lakeshore Trails Plat A
A final walk through of the Lakeshore Trails Subdivision Plat A has been conducted. City staff conducted an inspection and at this time all improvements have been installed per development regulations and specifications. The subdivision will now enter a one year durability period. This was approved.
Wednesday, December 7, 2016
Council Meeting - December 7, 2016
Work Session
Discussion on AF Canyon Water Quality Issues
I missed the first half of the presentation, but the slides will be emailed to us and I will post the presentation here when we have it. The presentation was done by a representative from the Division of Water Quality. My notes from the second half:
Reviewed sediment and water samples. Looked for dissolved metals, total metals, turbidity, and suspended solids. Water turbidity levels were higher below dam, Cave Camp Springs, and mouth of the Canyon, but declined as time went on. Study results led them to believe there was no risk for recreational purposes. No water chemistry values exceeded for irrigation purposes. Sediment metals sampling results show that for recreational purposes it was mostly fine, but two sites had higher levels of risk for lead exposure. When looking at aquatic life levels, all levels demonstrated higher risk for aquatic life. As you go downstream the concentrations rise significantly. Feels heavy metals didn't exceed screening values for recreation, agricultural, or aquatic life uses. Levels of lead in sediment sometimes exceeded the human recreational heath screening levels.
Notice of Violation was issue to North Utah County Water Conservancy District on 9/28/16. District will be responsible for the cost of the investigation and the settlement will include a penalty. District will be responsible to determine the damage to stream and will be required to formulate a plan for restoration and monitoring.
Monitoring plan will be in place for 5 years. Will include survey of macroinvertebrates and fish up and downstream of dam, tissue samples of fish, water and sediment samples, etc. On Snowbird expansion, DWQ has required a monitoring plan including water metals sampling, macroinvertebrate sampling, and quality assurance. Snowbird has applied for a UPDES Permit and will likely contain monitoring and reporting requirements only. Will also need to apply for construction storm water permit through DWQ. Best Management Practices have to be in place to minimize pollutant run off. Utah County will be responsible to approve and monitor compliance of storm water plan.
CM Zappala asked about possible contamination from Yankee Mine. DWQ rep said EPA will be looking at, but will be part of the UPDES permit. EPA is doing a preliminary assessment to investigate concerns raised by group Protect & Preserve American Fork Canyon. EPA does not consider impacts from Tibble Fork Reservoir dam rehabilitation project. Will evaluate existing information to determine exposure pathways.
Council Meeting
Public Comment
Nobody signed up.
Consent Agenda
Discussion on FY 2016 Financial Audit
Annually we contract with independent auditors to review the basic financial statements. The independent auditors are expected to obtain reasonable assurance that the financial statements are free from material misstatement and are fairly presented in accordance with generally accepted accounting principles. The City received a clean opinion.
Setting Time and Place for 2017 Council Meetings
This was approved and is available on the city's website.
Discussion on AF Canyon Water Quality Issues
I missed the first half of the presentation, but the slides will be emailed to us and I will post the presentation here when we have it. The presentation was done by a representative from the Division of Water Quality. My notes from the second half:
Reviewed sediment and water samples. Looked for dissolved metals, total metals, turbidity, and suspended solids. Water turbidity levels were higher below dam, Cave Camp Springs, and mouth of the Canyon, but declined as time went on. Study results led them to believe there was no risk for recreational purposes. No water chemistry values exceeded for irrigation purposes. Sediment metals sampling results show that for recreational purposes it was mostly fine, but two sites had higher levels of risk for lead exposure. When looking at aquatic life levels, all levels demonstrated higher risk for aquatic life. As you go downstream the concentrations rise significantly. Feels heavy metals didn't exceed screening values for recreation, agricultural, or aquatic life uses. Levels of lead in sediment sometimes exceeded the human recreational heath screening levels.
Notice of Violation was issue to North Utah County Water Conservancy District on 9/28/16. District will be responsible for the cost of the investigation and the settlement will include a penalty. District will be responsible to determine the damage to stream and will be required to formulate a plan for restoration and monitoring.
Monitoring plan will be in place for 5 years. Will include survey of macroinvertebrates and fish up and downstream of dam, tissue samples of fish, water and sediment samples, etc. On Snowbird expansion, DWQ has required a monitoring plan including water metals sampling, macroinvertebrate sampling, and quality assurance. Snowbird has applied for a UPDES Permit and will likely contain monitoring and reporting requirements only. Will also need to apply for construction storm water permit through DWQ. Best Management Practices have to be in place to minimize pollutant run off. Utah County will be responsible to approve and monitor compliance of storm water plan.
CM Zappala asked about possible contamination from Yankee Mine. DWQ rep said EPA will be looking at, but will be part of the UPDES permit. EPA is doing a preliminary assessment to investigate concerns raised by group Protect & Preserve American Fork Canyon. EPA does not consider impacts from Tibble Fork Reservoir dam rehabilitation project. Will evaluate existing information to determine exposure pathways.
Council Meeting
Public Comment
Nobody signed up.
Consent Agenda
- Angela Free was appointed to the Parks & Trails Committee
- Doug Fillmore, Bill Knowlton, and Craig Hansen were appointed to the Board of Adjustments.
- Minutes from the Nov 1st and Nov 15th Council meetings were approved.
Discussion on FY 2016 Financial Audit
Annually we contract with independent auditors to review the basic financial statements. The independent auditors are expected to obtain reasonable assurance that the financial statements are free from material misstatement and are fairly presented in accordance with generally accepted accounting principles. The City received a clean opinion.
Setting Time and Place for 2017 Council Meetings
This was approved and is available on the city's website.
Tuesday, November 15, 2016
City Council Meeting - November 15, 2016
Public Comment
Nobody signed up.
City Business
David Bunker - Driving range poles have been installed. Netting is also being installed this week. Jr Jazz registration is still open. Looking for school space in the gyms and will need coaches and referees. Golf revenues doing well this month. Vista Room booked out every night in December.
CM Rees - Santa party is Monday, December 5th from 6-8pm.
Review/Action on Renewable Energy Systems
Based on City Council recommendation and the current desire for residents to have renewable energy systems installed at their homes, there is a need to regulate these systems so as to mitigate any negative impacts that may occur to the surrounding property owners. The proposed code is based on West Jordan City Code, and has been modified to reflect the recommendations of the planning commission. The proposed code covers only wind and solar systems, both ground and mounted systems. The proposed code gives design standards for wind and solar systems, regulating setbacks, height, noise levels. Additionally, the planning commission has recommended that roof mounted wind energy systems be prohibited as they would not fit within the desired uses of a residential zone. This ordinance would not have prohibited any existing solar systems from being installed as they currently are. This was approved 3-0 with the only change being the removal of the wording "conditional use" as it doesn't require a conditional use, but an application for a permit.
Discussion
CM Geddes asked when we can have the CARE tax on the ballot again. He was surprised why it was voted down. Mayor Gygi suggested we obtain info from residents on why it was voted down before we decide to put it on the ballot, so we will work on this before next election.
Nobody signed up.
City Business
David Bunker - Driving range poles have been installed. Netting is also being installed this week. Jr Jazz registration is still open. Looking for school space in the gyms and will need coaches and referees. Golf revenues doing well this month. Vista Room booked out every night in December.
CM Rees - Santa party is Monday, December 5th from 6-8pm.
Review/Action on Renewable Energy Systems
Based on City Council recommendation and the current desire for residents to have renewable energy systems installed at their homes, there is a need to regulate these systems so as to mitigate any negative impacts that may occur to the surrounding property owners. The proposed code is based on West Jordan City Code, and has been modified to reflect the recommendations of the planning commission. The proposed code covers only wind and solar systems, both ground and mounted systems. The proposed code gives design standards for wind and solar systems, regulating setbacks, height, noise levels. Additionally, the planning commission has recommended that roof mounted wind energy systems be prohibited as they would not fit within the desired uses of a residential zone. This ordinance would not have prohibited any existing solar systems from being installed as they currently are. This was approved 3-0 with the only change being the removal of the wording "conditional use" as it doesn't require a conditional use, but an application for a permit.
Discussion
CM Geddes asked when we can have the CARE tax on the ballot again. He was surprised why it was voted down. Mayor Gygi suggested we obtain info from residents on why it was voted down before we decide to put it on the ballot, so we will work on this before next election.
Tuesday, November 1, 2016
City Council Meeting - November 1, 2016
Public Comment
Nobody signed up.
Consent Agenda
Robin Finch was appointed to the Parks & Trails Committee. The minutes for the September 20, 2016 and the October 18, 2016 City Council meetings were approved.
City Reports
David Bunker - Contractor is working on driving range fence. There was a delay because of wet grass but started today. New netting should be in next week. The Grill starts winter hours. They will be closed on Sundays and Mondays. Tues-Fri 10-2, Saturday 10-7. Hours will be on website. Ski bus is full. TSSD met. Walt Baker from DEQ presented and said State is looking at setting discharge limits for phosphorous and nitrogen. Right now it's not regulated by EPA but State wants to set limits due to issues such as Utah Lake and Payson Lakes. Provo is concerned about limits as they would be hard to meet. We would have to spend millions of dollars to change our processes to meet some of the limits being discussed. Will provide more info as he hears more.
CM Zappala - LPPSD met. Approved contract to study metrics for the fire department to measure performance. Approved hiring of emergency preparedness coordinator who will help put communications plan together for emergencies. Working on State of the City and will be out later this year.
CM Geddes - Dispatch building is nice and will be open next week.
Mayor Gygi - Spoke with Commissioner Graves at Utah County about Canyon Road. Graves is opposed to the County using the $9.5 million to improve Canyon Road. Commissioner Lee is open to fixing the road. Nathan Ivie is also onboard with fixing the road and discussing ownership later. PG Council is not interested in meeting with us to discuss as they are trying to come up with a separate deal with the County for just their portion.
CM Bailey - Arts Committee is having a date night on December 2nd. Swing dancing and dinner.
CM Rees - Parks & Trails Committee met. They continue to work on plans for beautification of the roundabout. Santa party will be Monday, December 5th from 6-8pm.
CM Crawley - NPSW will meet next week to discuss upcoming budget.
Review/Action on Resolution Proclaiming the week of November 14th as Type I Diabetes Awareness Week
Sydney Glass, a 14 year-old Miss Utah County’s Outstanding Teen has respectfully asked for support in raising awareness for Type 1 Diabetes (T1D). Sydney has been living with T1D for over 11 years, and has been working diligently to raise awareness, educate and raise money for much needed research. In her effort to raise awareness she is requesting that the city council adopt a resolution to declare November 14-18, 2016 as “Type 1 Diabetes Awareness Week” in Cedar Hills. This was approved.
Review/Action on Bid for Bayhill Park
The City received bids in September for the Bayhill Park Project. The low bid received at that time was from Stratton & Bratt Landscape for a total of $518,974. The City Council rejected the bids received and Bowen & Collins were instructed to re-bid the project. Bids were again received on October 27th. Bidders were to give a base bid price along with a cost for Alternate A: Upgrading plants and shrubs to larger sizes, Alternate B: Pavilion Installation, Alternate C: Additional Structural Fill, Alternate D: Gate Installation at Trailhead. The same two bidders were the only responsive companies to respond. The bid tabulation is below:
Based on discussions with Bowen & Collins, staff is comfortable with the base bid submitted by S&L INC. A recommendation would also include not awarding any of the alternate bid items. Because the park is completely irrigated, it is not necessary to upgrade the plantings to larger sizes. The pavilion bids are much higher than previous costs for similar structures such as the pavilion at Mesquite Park, which is larger in size and cost $14,000. Bids would be requested from companies that specifically provide this product. This item may be installed at the later part of the project. Structural fill may not be necessary. If additional soil testing shows a need for the fill, it may be added later. The gate may also be added at a later time after coordination with the Metro Water Agency. The Agency has provided gates in the past free of charge to the City. This gate prohibits vehicles from driving from the parking lot to the trail.
I asked about funding of playground equipment, pavilion and restroom. I'd like this to be an fully operational park as soon as possible. The rest of the Council was willing to use funds from the sale of Cottonwood lots to finish this park as soon as possible. There was discussion that the sale of Cottonwood lots was to be used to pay of debt, as outlined by a previous Council. CM Zappala went through the minutes and determined the sale of St. Andrews Estates was to be used to pay down the golf course debt, while the sale of Cottonwood lots were to be used to pay off the costs associated with the reconfiguration to create the St. Andrews lots. We have already paid off the reconfiguration costs through unrestricted funds in our Capital Projects Fund (as well as the rest of the deficit that had accrued for the golf course), so the Council feels it is appropriate to now use the funds from Cottonwood lots to complete parks as we could have completed this park with those unrestricted funds instead of paying off the deficit, part of which came from the reconfiguration.
Review/Action on Bid for Golf Maintenance Building
The City has received bids for the 2016 Golf Maintenance Building. Bids were received from 6 bidders and are as follows:
The low bid was received from Big B Construction. Alternate #1 includes removing and replacing the canvas storage facility with a steel structure. Alternate #2 includes retaining the canvas structure frame and disposing of the cover. Not included in bid Alternate #2 is the installation of a new membrane. Because of the proprietary nature of the structure, Vision Building Systems would be separately contracted to replace the cover. The additional cover cost would total approximately $28,000. The lifespan of the cover is approximately 10 to 12 years. Also, if Alternate #1 is selected, the low bidder would give a reduction of $5400 deducted from the base bid. Staff recommends that the city council consider the base bid including Alternate #1. The low bidder has also been engaged with Architectural Coalition in a value engineering process which may lessen the total cost. Those costs may be presented at the city council meeting.
Regulations regarding storm water have made this project more important so we can become compliant with storm water requirements. Penalties for non-compliance can be high. The current building also has several safety considerations. We do have a conditional use permit from Highland as this facility is located in Highland. Low bid is higher than budget. Staff determined $120,000 would come from the storm water fund and the additional $80,000 would come from the Capital Projects fund.
CM Crawley understands that the current building is poorly constructed. In 2011 the Daily Herald put out an article on the cost of the golf course. The amount spent has increased since then. Now discussing spending more on a golf course related issue. There are taxpayers who are upset with the ongoing costs of the golf course. Feels the golf course continues to be a drain on funds. Said reason Bayhill Park wasn't completed when it should have been is because of the golf course. Feels parks benefit families. Those who wanted golf course did so at expense of the rest of the city. We are deciding on how to spend other people's money and wants it said that it is because of the golf course. I expressed appreciation for this feeling. There are many who are upset with the amount we've spent on the golf course and that it continues to cost more money. If it wasn't for the significant safety and regulatory concerns that we have to address, I wouldn't want to approve the building either. However, it is not a safe building for our staff and we are worried about the fines from not complying with EPA/DEQ requirement so I don't see that we have much of a choice.
Motion was made to approve the base bid plus Alternate #1. This was approved 4-1.
Nobody signed up.
Consent Agenda
Robin Finch was appointed to the Parks & Trails Committee. The minutes for the September 20, 2016 and the October 18, 2016 City Council meetings were approved.
City Reports
David Bunker - Contractor is working on driving range fence. There was a delay because of wet grass but started today. New netting should be in next week. The Grill starts winter hours. They will be closed on Sundays and Mondays. Tues-Fri 10-2, Saturday 10-7. Hours will be on website. Ski bus is full. TSSD met. Walt Baker from DEQ presented and said State is looking at setting discharge limits for phosphorous and nitrogen. Right now it's not regulated by EPA but State wants to set limits due to issues such as Utah Lake and Payson Lakes. Provo is concerned about limits as they would be hard to meet. We would have to spend millions of dollars to change our processes to meet some of the limits being discussed. Will provide more info as he hears more.
CM Zappala - LPPSD met. Approved contract to study metrics for the fire department to measure performance. Approved hiring of emergency preparedness coordinator who will help put communications plan together for emergencies. Working on State of the City and will be out later this year.
CM Geddes - Dispatch building is nice and will be open next week.
Mayor Gygi - Spoke with Commissioner Graves at Utah County about Canyon Road. Graves is opposed to the County using the $9.5 million to improve Canyon Road. Commissioner Lee is open to fixing the road. Nathan Ivie is also onboard with fixing the road and discussing ownership later. PG Council is not interested in meeting with us to discuss as they are trying to come up with a separate deal with the County for just their portion.
CM Bailey - Arts Committee is having a date night on December 2nd. Swing dancing and dinner.
CM Rees - Parks & Trails Committee met. They continue to work on plans for beautification of the roundabout. Santa party will be Monday, December 5th from 6-8pm.
CM Crawley - NPSW will meet next week to discuss upcoming budget.
Review/Action on Resolution Proclaiming the week of November 14th as Type I Diabetes Awareness Week
Sydney Glass, a 14 year-old Miss Utah County’s Outstanding Teen has respectfully asked for support in raising awareness for Type 1 Diabetes (T1D). Sydney has been living with T1D for over 11 years, and has been working diligently to raise awareness, educate and raise money for much needed research. In her effort to raise awareness she is requesting that the city council adopt a resolution to declare November 14-18, 2016 as “Type 1 Diabetes Awareness Week” in Cedar Hills. This was approved.
Review/Action on Bid for Bayhill Park
The City received bids in September for the Bayhill Park Project. The low bid received at that time was from Stratton & Bratt Landscape for a total of $518,974. The City Council rejected the bids received and Bowen & Collins were instructed to re-bid the project. Bids were again received on October 27th. Bidders were to give a base bid price along with a cost for Alternate A: Upgrading plants and shrubs to larger sizes, Alternate B: Pavilion Installation, Alternate C: Additional Structural Fill, Alternate D: Gate Installation at Trailhead. The same two bidders were the only responsive companies to respond. The bid tabulation is below:
Based on discussions with Bowen & Collins, staff is comfortable with the base bid submitted by S&L INC. A recommendation would also include not awarding any of the alternate bid items. Because the park is completely irrigated, it is not necessary to upgrade the plantings to larger sizes. The pavilion bids are much higher than previous costs for similar structures such as the pavilion at Mesquite Park, which is larger in size and cost $14,000. Bids would be requested from companies that specifically provide this product. This item may be installed at the later part of the project. Structural fill may not be necessary. If additional soil testing shows a need for the fill, it may be added later. The gate may also be added at a later time after coordination with the Metro Water Agency. The Agency has provided gates in the past free of charge to the City. This gate prohibits vehicles from driving from the parking lot to the trail.
I asked about funding of playground equipment, pavilion and restroom. I'd like this to be an fully operational park as soon as possible. The rest of the Council was willing to use funds from the sale of Cottonwood lots to finish this park as soon as possible. There was discussion that the sale of Cottonwood lots was to be used to pay of debt, as outlined by a previous Council. CM Zappala went through the minutes and determined the sale of St. Andrews Estates was to be used to pay down the golf course debt, while the sale of Cottonwood lots were to be used to pay off the costs associated with the reconfiguration to create the St. Andrews lots. We have already paid off the reconfiguration costs through unrestricted funds in our Capital Projects Fund (as well as the rest of the deficit that had accrued for the golf course), so the Council feels it is appropriate to now use the funds from Cottonwood lots to complete parks as we could have completed this park with those unrestricted funds instead of paying off the deficit, part of which came from the reconfiguration.
Review/Action on Bid for Golf Maintenance Building
The City has received bids for the 2016 Golf Maintenance Building. Bids were received from 6 bidders and are as follows:
The low bid was received from Big B Construction. Alternate #1 includes removing and replacing the canvas storage facility with a steel structure. Alternate #2 includes retaining the canvas structure frame and disposing of the cover. Not included in bid Alternate #2 is the installation of a new membrane. Because of the proprietary nature of the structure, Vision Building Systems would be separately contracted to replace the cover. The additional cover cost would total approximately $28,000. The lifespan of the cover is approximately 10 to 12 years. Also, if Alternate #1 is selected, the low bidder would give a reduction of $5400 deducted from the base bid. Staff recommends that the city council consider the base bid including Alternate #1. The low bidder has also been engaged with Architectural Coalition in a value engineering process which may lessen the total cost. Those costs may be presented at the city council meeting.
Regulations regarding storm water have made this project more important so we can become compliant with storm water requirements. Penalties for non-compliance can be high. The current building also has several safety considerations. We do have a conditional use permit from Highland as this facility is located in Highland. Low bid is higher than budget. Staff determined $120,000 would come from the storm water fund and the additional $80,000 would come from the Capital Projects fund.
CM Crawley understands that the current building is poorly constructed. In 2011 the Daily Herald put out an article on the cost of the golf course. The amount spent has increased since then. Now discussing spending more on a golf course related issue. There are taxpayers who are upset with the ongoing costs of the golf course. Feels the golf course continues to be a drain on funds. Said reason Bayhill Park wasn't completed when it should have been is because of the golf course. Feels parks benefit families. Those who wanted golf course did so at expense of the rest of the city. We are deciding on how to spend other people's money and wants it said that it is because of the golf course. I expressed appreciation for this feeling. There are many who are upset with the amount we've spent on the golf course and that it continues to cost more money. If it wasn't for the significant safety and regulatory concerns that we have to address, I wouldn't want to approve the building either. However, it is not a safe building for our staff and we are worried about the fines from not complying with EPA/DEQ requirement so I don't see that we have much of a choice.
Motion was made to approve the base bid plus Alternate #1. This was approved 4-1.
Tuesday, October 18, 2016
City Council Meeting - October 18, 2016
Public Comment
Nobody signed up.
Presentations
Rob Smith (ASD Superintendent) presented on the ASD bond, which will be on the General Election ballot. Here are pictures of the flyer he handed out:
Additional info can be found on their website here.
Growth in ASD over the last 16 years has been tremendous. There has been quite an increase in population in North Utah County. Anticipating approximately 80,000 students within the next four years. Sent a mailer to all households letting residents know ASD was researching a new bond. Everything they said they would do with the 2001 and 2006 bonds were done, and the projects for the 2011 bond are almost complete. There are four phases with this bond. These projects include new schools, roof replacements of existing schools, rebuilds and/or renovations needed at existing schools, and the purchase of property in high growth areas. ASD has a AAA bond rating, so interest rates are low. ASD sent out a survey to see if residents would support a bond and the response was yes as long as there was no associated tax increase. Once the bond details were put together they did another survey and completed focus groups and a majority of residents said they would support the bond. There is no increase in tax as they layer their bonds in a way to keep the tax revenue needed for bonds under a certain amount, plus accelerated growth from new residences and businesses.
Consent Agenda
The minutes from the 9/6/16 Council meeting were approved. Robin Finch was approved to be the newest member of the Arts Committee.
City Reports
CM Rees - Parks and Trails Committee is meeting later this week. Family Festival Committee vacancies have been filled and they are planning to meet in January.
David Bunker - Poles for driving range fence have been delivered. There is a delay on the work crew after a tornado in northern Utah caused damage to many poles. Soccer and football seasons have ended. Ski bus is starting to fill up. Jr Jazz registration is open and added a second grade program. Vista Room is quickly being booked for December. We are now officially a passport processing facility (city offices) and have already started processing some applications. TSSD meets on Thursday.
CM Zappala - Has started State of the City report. Was contacted by Zonda Perry who wants to start a Girls Who Code program in Cedar Hills and he will work with her on this.
Mayor Gygi - Working on filling vacancies on committees.
CM Bailey - Arts Committee is hosting annual date night on December 2nd. There are 30 spots available for this event and will be advertised soon.
CM Crawley - North Pointe meets soon. If the new landfill being purchased ever sells, the asset belongs to the County.
CM Geddes - Utah Valley Dispatch building will be open next month. Grand Opening will be held in January.
Discussion on Workers Compensation Compliance for Subcontractors
A discussion by the City Council, staff, committee members and invited experts was held regarding the requirements by the Workers Compensation Fund regarding the submission of proof of insurance for subcontractors and vendors for various activities and services provided to the city. The City of Cedar Hills has been audited for the past three successive years for insurance compliance. The city has continued to reduce the potential insurance exposure incurred from these activities. Although staff has improved the process for collecting evidence of insurance for vendors and services, this remains an audit finding by Workers Compensation Fund. City Council should discuss and determine the level of compliance and associated risk it deems appropriate for these activities and services. Brian Child with Olympus Insurance presented. He explained the code related to statutory employers. WC premiums have decreased 35% over past three years. Sole proprietors can receive a WC waiver from labor commission. Contract can also be amended that owners of contracts can be excluded from Workers Comp insurance when working on a city project.
This came up as an agenda item due to some issues we had last year during Family Festival. A few weeks before Family Festival, the chairs of the committee were notified that all vendors had to have proof of having Workers Comp insurance, or if they are a sole-proprietor, a waiver with a $50 fee. The entity who does the car show stated we were the only city requiring this and pulled out of the festival. It took awhile to work things out where eventually the city paid the $50 fee to obtain the waiver on his behalf, however, since he had already stopped advertising our Festival on his website, it impacted the number of entries for our car show. It also became an issue with the band we had hired to perform on Saturday evening and the company we used for the teen party on Thursday night. After doing some research, the recommendation was made to me that we not submit a 1099 form to those who we pay less than $600 as the law doesn't require it, and this would include these Family Festival vendors who we pay less than $600 to. Later I was told that it wasn't a 1099 issue but an I9 issue. Because of the confusion I had a phone call with our city attorney, who did some further research. He indicated that instead of entering into a 1099 arrangement with these vendors, we could instead enter into a contract for them to provide the services for Family Festival and this would eliminate the requirement we have to obtain proof of Workers Compensation insurance. The liability would be on the vendor, not on the city. My suggestion is that we be willing to pay the $50 fee for the WC waiver for the sole proprietors as they are the entities that have struggled with this requirement. With us being a small city, it is already challenging to get some of these vendors to come to our Family Festival. Adding requirements that other cities are not makes them less interested in participating in our Family Festival. Another option we will explore is creating a 501c3 that runs the Family Festival, which removes many of these requirements. This will come back to the Council in two weeks for further discussion.
Discussion on W9/1099 Requirements
A discussion on the requirements by the Internal Revenue Service (IRS) regarding the submission of a W-9 for non-employee payments and for reporting purposes to the IRS, such as the 1099-MISC form. As a best management practice, all who receive payment from the City are advised to complete a W-9 form. Only those individuals or companies who receive payment over $600 are required to have a 1099-Misc filed.
See my notes on the previous item for further details on why this came up for discussion.
Review/Action on Phasing Plan for Lakeshore Trails Subdivision
Lakeshore Trails has requested that their plat and the associated improvements be split into two phases. This would allow the developer to post bonds for each phase and receive a bond release as each phase is completed following the inspections, and acceptance by the City Council. Once the performance bond is released, the public improvements will enter the durability phase to ensure quality of work. By allowing the developer to split the Lakeshore Trails project into two phases they will be able to have a portion of the project enter durability, while still being able to make the required improvements in other phases. The required public improvements as required in the approval process are unaltered by the decision to allow the project to be phased. Additionally, Council has allowed other subdivision projects to be phased throughout the City (e.g. The Cedars, Avanyu, Forest Creek, Juniper Heights, Bridgestone, Temple Shadows, Canyon Heights, Apple Blossom, and others). Phase two of the Lakeshore Trails project will include only Hunters Court. Hunters Court is a four lot cul-de-sac that will be accessed off of Canyon Road. The developers have already installed the sidewalk along canyon road, and storm drain, water, sewer and irrigation mainline improvements for the phase. Asphalt of Phase 2 is anticipated to be done before end of November. The entire phase should be done in spring. This was approved.
Review/Action on Interlocal Agreement for Canyon Road
Utah County in cooperation with Cedar Hills and Pleasant Grove cities have been working on an interlocal cooperative agreement to design and construct certain improvements along the Canyon Road corridor. Improvements include roadway re-construction, safety improvements, drainage improvements including installation of curb and gutter and a storm water retention facility, and right-of-way acquisition. The project includes participatory funding from UDOT and MAG for a total of $9,359,000. Utah County will oversee design and construction of the roadway improvement project and shall maintain said improvements for a period not to exceed 30 years from the date of the agreement, after which the roadway improvements and right-of-way will be transferred to the participating cities. During the term of the agreement, the cities shall provide limited maintenance, snow removal, law enforcement, drainage facilities, storm drain facilities, etc. Cities shall also bear costs of roadway widening of future projects if needed along the corridor upon completion of the proposed project.
Here are my concerns with the agreement:
Discussion on CARE Tax
State code 59-1-1605 requires taxing entities placing a tax proposition, i.e. CARE tax or other, on a general election ballot to hold a public meeting, allowing equal time within a reasonable limit for a presentation of the arguments in favor of and against said proposition during the public meeting. The public meeting is not required to be a public hearing.
I will be encouraging residents to vote for this tax. It is a tax we are currently paying, so it won't increase taxes from current rates. It is 0.1% on sales tax, which means for every $10 spent the city would assess a tax of one cent. The funds used for this go towards recreation and arts in our community. Some of the items we have used CARE tax funds on include:
Nobody signed up.
Presentations
Rob Smith (ASD Superintendent) presented on the ASD bond, which will be on the General Election ballot. Here are pictures of the flyer he handed out:
Additional info can be found on their website here.
Growth in ASD over the last 16 years has been tremendous. There has been quite an increase in population in North Utah County. Anticipating approximately 80,000 students within the next four years. Sent a mailer to all households letting residents know ASD was researching a new bond. Everything they said they would do with the 2001 and 2006 bonds were done, and the projects for the 2011 bond are almost complete. There are four phases with this bond. These projects include new schools, roof replacements of existing schools, rebuilds and/or renovations needed at existing schools, and the purchase of property in high growth areas. ASD has a AAA bond rating, so interest rates are low. ASD sent out a survey to see if residents would support a bond and the response was yes as long as there was no associated tax increase. Once the bond details were put together they did another survey and completed focus groups and a majority of residents said they would support the bond. There is no increase in tax as they layer their bonds in a way to keep the tax revenue needed for bonds under a certain amount, plus accelerated growth from new residences and businesses.
Consent Agenda
The minutes from the 9/6/16 Council meeting were approved. Robin Finch was approved to be the newest member of the Arts Committee.
City Reports
CM Rees - Parks and Trails Committee is meeting later this week. Family Festival Committee vacancies have been filled and they are planning to meet in January.
David Bunker - Poles for driving range fence have been delivered. There is a delay on the work crew after a tornado in northern Utah caused damage to many poles. Soccer and football seasons have ended. Ski bus is starting to fill up. Jr Jazz registration is open and added a second grade program. Vista Room is quickly being booked for December. We are now officially a passport processing facility (city offices) and have already started processing some applications. TSSD meets on Thursday.
CM Zappala - Has started State of the City report. Was contacted by Zonda Perry who wants to start a Girls Who Code program in Cedar Hills and he will work with her on this.
Mayor Gygi - Working on filling vacancies on committees.
CM Bailey - Arts Committee is hosting annual date night on December 2nd. There are 30 spots available for this event and will be advertised soon.
CM Crawley - North Pointe meets soon. If the new landfill being purchased ever sells, the asset belongs to the County.
CM Geddes - Utah Valley Dispatch building will be open next month. Grand Opening will be held in January.
Discussion on Workers Compensation Compliance for Subcontractors
A discussion by the City Council, staff, committee members and invited experts was held regarding the requirements by the Workers Compensation Fund regarding the submission of proof of insurance for subcontractors and vendors for various activities and services provided to the city. The City of Cedar Hills has been audited for the past three successive years for insurance compliance. The city has continued to reduce the potential insurance exposure incurred from these activities. Although staff has improved the process for collecting evidence of insurance for vendors and services, this remains an audit finding by Workers Compensation Fund. City Council should discuss and determine the level of compliance and associated risk it deems appropriate for these activities and services. Brian Child with Olympus Insurance presented. He explained the code related to statutory employers. WC premiums have decreased 35% over past three years. Sole proprietors can receive a WC waiver from labor commission. Contract can also be amended that owners of contracts can be excluded from Workers Comp insurance when working on a city project.
This came up as an agenda item due to some issues we had last year during Family Festival. A few weeks before Family Festival, the chairs of the committee were notified that all vendors had to have proof of having Workers Comp insurance, or if they are a sole-proprietor, a waiver with a $50 fee. The entity who does the car show stated we were the only city requiring this and pulled out of the festival. It took awhile to work things out where eventually the city paid the $50 fee to obtain the waiver on his behalf, however, since he had already stopped advertising our Festival on his website, it impacted the number of entries for our car show. It also became an issue with the band we had hired to perform on Saturday evening and the company we used for the teen party on Thursday night. After doing some research, the recommendation was made to me that we not submit a 1099 form to those who we pay less than $600 as the law doesn't require it, and this would include these Family Festival vendors who we pay less than $600 to. Later I was told that it wasn't a 1099 issue but an I9 issue. Because of the confusion I had a phone call with our city attorney, who did some further research. He indicated that instead of entering into a 1099 arrangement with these vendors, we could instead enter into a contract for them to provide the services for Family Festival and this would eliminate the requirement we have to obtain proof of Workers Compensation insurance. The liability would be on the vendor, not on the city. My suggestion is that we be willing to pay the $50 fee for the WC waiver for the sole proprietors as they are the entities that have struggled with this requirement. With us being a small city, it is already challenging to get some of these vendors to come to our Family Festival. Adding requirements that other cities are not makes them less interested in participating in our Family Festival. Another option we will explore is creating a 501c3 that runs the Family Festival, which removes many of these requirements. This will come back to the Council in two weeks for further discussion.
Discussion on W9/1099 Requirements
A discussion on the requirements by the Internal Revenue Service (IRS) regarding the submission of a W-9 for non-employee payments and for reporting purposes to the IRS, such as the 1099-MISC form. As a best management practice, all who receive payment from the City are advised to complete a W-9 form. Only those individuals or companies who receive payment over $600 are required to have a 1099-Misc filed.
See my notes on the previous item for further details on why this came up for discussion.
Review/Action on Phasing Plan for Lakeshore Trails Subdivision
Lakeshore Trails has requested that their plat and the associated improvements be split into two phases. This would allow the developer to post bonds for each phase and receive a bond release as each phase is completed following the inspections, and acceptance by the City Council. Once the performance bond is released, the public improvements will enter the durability phase to ensure quality of work. By allowing the developer to split the Lakeshore Trails project into two phases they will be able to have a portion of the project enter durability, while still being able to make the required improvements in other phases. The required public improvements as required in the approval process are unaltered by the decision to allow the project to be phased. Additionally, Council has allowed other subdivision projects to be phased throughout the City (e.g. The Cedars, Avanyu, Forest Creek, Juniper Heights, Bridgestone, Temple Shadows, Canyon Heights, Apple Blossom, and others). Phase two of the Lakeshore Trails project will include only Hunters Court. Hunters Court is a four lot cul-de-sac that will be accessed off of Canyon Road. The developers have already installed the sidewalk along canyon road, and storm drain, water, sewer and irrigation mainline improvements for the phase. Asphalt of Phase 2 is anticipated to be done before end of November. The entire phase should be done in spring. This was approved.
Review/Action on Interlocal Agreement for Canyon Road
Utah County in cooperation with Cedar Hills and Pleasant Grove cities have been working on an interlocal cooperative agreement to design and construct certain improvements along the Canyon Road corridor. Improvements include roadway re-construction, safety improvements, drainage improvements including installation of curb and gutter and a storm water retention facility, and right-of-way acquisition. The project includes participatory funding from UDOT and MAG for a total of $9,359,000. Utah County will oversee design and construction of the roadway improvement project and shall maintain said improvements for a period not to exceed 30 years from the date of the agreement, after which the roadway improvements and right-of-way will be transferred to the participating cities. During the term of the agreement, the cities shall provide limited maintenance, snow removal, law enforcement, drainage facilities, storm drain facilities, etc. Cities shall also bear costs of roadway widening of future projects if needed along the corridor upon completion of the proposed project.
Here are my concerns with the agreement:
- Page 3 of the agreement states that if the improvements made, which are under the sole discretion of the County, exceed the $9.3 million dollars, the cities have to pay for the balance. We do not have a clear understanding on how much the improvements will cost so have no way to anticipate how much we would be responsible for at the end of the project.
- Even though the County retains ownership of the road, the agreement requires the cities to provide and/or pay for: snow removal including salting; pothole repair; maintain road signage; debris removal; law enforcement; the annual costs of striping crosswalks, school crossings, school area messaging, and any additional striping required; the annual costs of pavement maintenance such as surface treatment as deemed necessary by the County for all asphalt widening that occurs along the right-of-way after completion; maintain all curb, gutter, sidewalk, and storm drainage facilities; accept and handle all storm water run-off from the roadway.
- While the agreement anticipates the County will retain ownership for 30 years, it does have a termination clause that allows the County to provide 180 days notice to terminate the agreement, at which point the ownership of Canyon Road transfers to the cities. It does say the County would negotiate with the cities the value to be paid to each city to uphold the full financial responsibility for the maintenance requirements for the remaining term of the agreement; however, it has been challenging getting the County to accept any responsibility for this road up to this point so I'm wary of this claim.
- Canyon Road is a major road, not a city road. It is an access road to other cities and to American Fork Canyon. It was owned by UDOT until the County negotiated with UDOT to swap with them for North County Blvd. As soon as the improvements were made to North County Blvd (paid for by the County) and ownership was traded, the County immediately began trying to offload Canyon Road to the cities. They claim it is not a county road and is mainly used by CH and PG residents.
- The money allocated for this project has come from UDOT and MAG. The County is not supplying any funds, even though they own the road. Instead of using the money to make improvements, the County has threatened to reject the funds already approved by MAG and do a lower quality job with the UDOT funds. I see no reason for this other than to bully the cities into taking ownership. There is no financial hardship incurred by the County to use funds provided by other entities to improve a road they negotiated to take ownership of. They should live up to their obligations as the owner of Canyon Road and make the necessary repairs.
- Because Canyon Road is a major road, the maintenance and repair expenses would be high. We would either have to raise taxes or reduce current services in order to take on the responsibility of such a big road. This is an unfair burden on the residents of Cedar Hills.
- The portion of Canyon Road that CH would be responsible for is wider than the portions in PG, which leaves us with a larger share of the costs. Additionally, we would be responsible for everything north of the canal, even though there are several PG homes that are on Canyon Road north of the canal. PG would be responsible for everything south of the canal, which only includes PG homes and is more the width of a city road.
I believe that the County should use the money from MAG and UDOT to make the necessary improvements to this road. They negotiated to take ownership of it and should accept that responsibility. I would like to see our Council meet with the PG Council to discuss all options we have available to us as this impacts both cities. Commissioner Ellertson has made it clear the county does not view Canyon Road as a priority and he said himself he would reject any funds from MAG to help. I hope the other County Commissioners will take the concerns of our residents more seriously. I would like to have a joint meeting with the PG Council and the County Commissioners in January as there will be a new County Commissioner and we may have more productive conversations.
CM Crawley feels we should reject the agreement and state we expect them to fix the road so it is safe.
CM Geddes agrees but thinks Cedar Hills should own our portion of Canyon Road at some point.
CM Zappala agrees with Geddes. Feels the County should fix the safety issues as it is their responsibility. Doesn't want to be bullied into taking the road. Wants the road to be fixed first and then we'll discuss transfer of ownership. It's a good deal for the County as none of the funds are coming out of the County revenues.
CM Zappala made the motion that we require the County to utilize the $9.3 million to fix all of the issues with Canyon Road and once it is fixed we will have joint meetings with them and PG to discuss the future of the road, including ownership. This was approved 4-1.
Discussion on CARE Tax
State code 59-1-1605 requires taxing entities placing a tax proposition, i.e. CARE tax or other, on a general election ballot to hold a public meeting, allowing equal time within a reasonable limit for a presentation of the arguments in favor of and against said proposition during the public meeting. The public meeting is not required to be a public hearing.
I will be encouraging residents to vote for this tax. It is a tax we are currently paying, so it won't increase taxes from current rates. It is 0.1% on sales tax, which means for every $10 spent the city would assess a tax of one cent. The funds used for this go towards recreation and arts in our community. Some of the items we have used CARE tax funds on include:
- Basketball court at Heritage Park
- Community Center basement
- Mesquite Park bathroom
- Arts Committee events
For this year we anticipate using CARE tax funds for Bayhill Park and Heritage Park improvements. The approximate amount we raise each year from this tax is $40,000. We still have parks and trails projects on our capital improvements plan and I feel this small tax will help us as we move towards completing those projects. Our residents have expressed an appreciation for our parks and trails system and these funds go directly to projects like these.
CM Crawley expressed his opposition to the CARE tax and his argument is in the voter pamphlet. The rest of the Council is in favor.
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