Council Meeting - April 2, 2013

Work Session

Eric Johnson presented on the Open and Public Meetings Act. City Council is required to have training on this annually. Purpose of the act is to ensure that actions and deliberations are to be open to the public. A public body is any body created by resolution or ordinance or statute. If the purpose of the committee is to obtain feedback from the public then we should have the committee follow the open and public meeting act. If committee will be advising the Council or expending funds then that committee should follow this act as well.

Meetings do not include chance meetings (even if more than two council members are present in the same location) or social meetings. Email, text, and other electronic communications does not subject the body to the Open and Public Meetings Act, which means a body can communicate via these methods outside of an open meeting. Meetings should generally happen within city limits, but there can be site meetings, if needed. Must give public notice in order to have public meetings. Notice needs to be at the main office, the Utah Public Notice website, and a copy of the agenda needs to be sent to the local newspaper. Only competency, litigation, real estate, security items, crimes & ethics, and collective bargaining can take place in a closed meeting. Can discuss matters that come up in the course of the meeting but can only take action on those items that are noticed on the agenda.

Council Meeting

Public Comment

Michael Botida - Having problems with the driving range. Fence is not high enough. Moved to Cedar Hills in November of 2010. In 2011 had 150 golf balls in yard and several kids go through yard. September 2011 garage window was broken because of golf ball. April 2012 the City replaced the window. Discussed raising nets but nothing happened. Was told that signs would be put up saying that users would be responsible for damage and that range would be policed better. Continues to collect many golf balls every week. Has 9 pockmarks on side of his house from golf balls hitting it and have also hit his car. Kids playing in the yard have almost been hit. Would like City to either raise the fence or restrict types of golf clubs that can be used on the range.

Report from Utah County Commissioner

Gary Anderson presented. Commends Cedar Hills for doing well over the past few years. Appreciates working with Gary. Completed North County Blvd. Next thing on their agenda is Canyon Road. Road is terrible. Working with UDOT to figure out who is going to fix what portions but doesn't know when that will happen. Excited about economic development in North Utah County. CM Jackman brought up TSSD and concern that rates are going to go up dramatically and wants to know how we can resolve this. Mr. Anderson said people have conception that the County has more control over that board than they do. He doesn't want rates to go up and thinks any solution that we come up with has to be cost effective and continue to provide good service and moving the composting and raising rates is not equitable in his mind. CM Martinez brought up County library system similar to Salt Lake County. Mr. Anderson said this has been a tough issue as there are so many turf battles. County is going to try to get this going again. Heidi Rodeback with AF City Council is working with them and they will contact and involve Cedar Hills as well. Cities need to be willing to work together on this.

Review/Action on Resolution Recognizing Kolin Powell as Cedar Hills Champion

From the press release - As part of the Cedar Hills Champions program, the City Council will recognize Kolin Powell for his achievements in BMX racing and becoming the 2012 State Champion for the 16-year-old age group.

Kolin has been participating in national races for several years. BMX is an Olympic sport and is very demanding. Kolin is very dedicated to this sport and can be seen riding around the city while training and conditioning for the race season. He is also training and mentoring his younger brother, Kaden. While competing in the Utah State Championship in 2011 he not only beat everyone in his intermediate-level class but also did better than those competing in the expert-level class. In addition to the Utah State Championship, he has won the Las Vegas National and the Great Northwest National in Bend, Oregon. He has obtained some impressive sponsors, including Applebee’s, Famous Dave’s, Gus Paulos Chevrolet, and Vaypor Designs.

“Kolin is an amazing young man,” said Mayor Gary Gygi. “His commitment to his sport is inspiring and what he has been able to accomplish in his racing career so far is incredible. We are honored to have him represent our community and are happy to recognize him as a Cedar Hills Champion.”

Consent Agenda

Minutes for February 19, 2013, March 5, 2013, and March 19, 2013 were unanimously approved.

City Reports

David Bunker - TSSD is having a two-for-one on composting materials. At last board meeting he questioned why rates were being raised as there is some extra cash from past rates structures and he is anticipating we won't have a rate increase this year. Burn permits will no longer be issued through the City, must now be acquired through the State Division of Air Quality. City Manager conference is next week and will be gone. 2210 out of approximately 2500 households receive hardcopy newsletter instead of electronic newsletter. Plans for CoRec basement are out to bid right now. Would also extend upper to add elevator and additional offices and will change front doors to be glass doors.

**I expressed concerned over this new info as at the last meeting when we discussed the CoRec basement plans we were told the additions wouldn't exceed $300,000. At the April 2^nd meeting we were told the budget was raised to $400,000 to include this expansion on the upstairs. Bids should be available at our next Council meeting.

CM Jackman - Finance Committee met this morning to continue to work on FY 2014 budget.

CM Zappala - Animal Shelter board met and they are applying for a vaccination grant. They do not currently vaccinate animals that come in but this grant would allow them to do so. Work with different rescue groups to update agreements. Went to a training for those who serve on special district boards. BYU students have finished first version for budget app and he is working with Dax to link this to the website. This app will go back 10 years and allow residents to drill down to better obtain information.

CM Augustus - North Pointe Solid Waste meeting. Approved annual audit. Got new sales consultant and may be picking up new contracts. Talked about recycling options. Alpine is talking about pulling out of North Pointe as they feel fees are too high and service isn't what they want. This would raise rates for other cities that participate with North Pointe. Board is talking about assessing a fee for cities that leave the district. Alpine is looking at doing an opt-out recycling program.

Mayor Gygi - Will be moving April 16th Council meeting to the 23rd. Will also have Colleen set who will give prayer and say pledge for each meeting.

CM Martinez - Golf clinics starting up for youth and women. T-ball registration is open. Teen egg hunt and party were great. Kid egg hunt went too fast so we need more plastic eggs for next year. Family Festival committee was organized and we have several volunteers. This will take a lot of work off of staff and allow them to focus on recreation activities. Golf is going well and had a good March. Tot soccer is full and now have wait list. Will be at ULCT conference next week.

Review/Action on Refinancing Utility Bond

Mark Edminster presented. Resolution will finalize the refinance of the utility bond. Wells Fargo originally made proposal to lower interest rate from 5.99% to 3.02% for a period of 10 years, then would go to market rate. Council expressed concern that we are unsure about the future rate. Wells Fargo came back and is willing to refinance at 3.02% for the reminder of the bond, which is 16 years. Also, City is allowed to prepay 10% of the remaining principal balance each year with no penalty, so the City can use these savings to do this and reduce the life of the bond. Overall savings of refinancing this bond at the lower interest rate is $237,112.62. Tentatively scheduled to close this in April 16th. 2019 would be call date. Unanimously approved.

Review/Action on Boundary Adjustment (Earl Property)

Tabled as Earl family was not at meeting.

Review/Action on Boundary Adjustment (Flinders Property)

Flinders have asked that their property be boundary adjusted out of Cedar Hills and into Pleasant Grove. Intent is to subdivide the lot and develop the property, and sewer line has to go south through Pleasant Grove. Also needs water line to develop this and it can't happen through Cedar Hills because of where the lot sits. Property owner will be required to disconnect from Cedar Hills water and sewer. David Bunker feels this is the best option for this property owner due to utility issues and because he is already surrounded by Pleasant Grove homes. Unanimously approved.

Review/Action on Amendments to City Code Regarding Nuisances

Changes were made as suggested at last meeting with regards to pastures and open fields. Code enforcement officer will keep track of who is receiving violation notices. Unanimously approved.

FY 2014 Budget Presentation

10-year budget plan with new utility rates will have a deficit of $1.1 million through 2016, which will need to be covered with other funds. Right now we have a balance of $1.5 million in the water and sewer fund, some of which can be used to pay for these deficits. Some of the projects for 2014-2016 can also be delayed or paid with other funds. For example, the Canyon Road Sewer improvements can be partially paid for by Pleasant Grove if we do enter into an agreement that allows some of their residents to hook into our sewer system. Also, Canyon Road improvements cannot take place until the State gives jurisdiction of Canyon Road to the County, which they have not yet done. If we don't do this improvement in 2014 then we will have a positive cash flow of $80,000, which will be set aside for future years improvements. Some highlights for the Water & Sewer Fund for FY2014: 

• Impact fees are being redone this year.
• Line 51-73-330 shows $12,000 expense for an impact fee study to be performed. This should be done every five years and the last one was done in 2007.
• Line 51-72-751 – curb maintenance will go under storm drain fund now, so this number went up but the sidewalk maintenance will go down as curb maintenance will no longer show on that line item.
• Salaries show a decrease because 50% of the Public Works staff is paid by the Water, Sewer, and Storm Drain fund and 50% is paid from the General Fund. The General Fund cannot cover the other 50% this year due to a decrease in revenues so Public Works will not be able to hire an additional the full-time person this year.
• Line 51-74-470 shows the expected increase in fees charged by TSSD.
• Projections for next 10 years show we will have enough cash on hand to pay for infrastructure needs over that 10 year period. 

Discussion on Family Festival

Greg is meeting with Chair and Chair-elect on Thursday to give update on where things are and what still needs to be done.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

City Council Meeting - March 19, 2013

Work Session

Golf Course Discussion – The golf course opened last week and 890 rounds were played in over a week. Closing it down for the coldest months was a good choice as the greens are in great shape. $10,044 revenue in green fees YTD. Sold 6 season passes. Pro shop revenue approximately $2200.00 YTD. Getting more merchandise that is being requested. Unified marketing plan that was recommended by the Golf Course Finance Advisory Committee is being implemented. Booking tournaments slowly but cold calling doesn't really work well. New system is tracking ad campaigns and offers so we can track ROI for each campaign and figure out what works best.

Council Meeting

Public Comment

Nobody signed up.

City Reports

David Bunker - City is working on upcoming events.

CM Jackman - LPPSD having board meeting on Thursday.

CM Martinez - YCC has stuffed 5000 eggs for egg hunts. Scouts also helped. Teen egg hunt and get together on March 29th at 8:00pm at the CoRec. Kid egg hunt is on Saturday the 30th at Heritage Park at 10:00am. YCC applications are due in April. Tot soccer registration happening now.

CM Augustus – Planning Commission meeting on Thursday.

CM Zappala – Utah Valley Dispatch meeting last week. They are experiencing improved response times and answering 97% of 911 calls within 10 seconds, which is above county and national standards. Overhaul of policies that have improved morale. Budget for upcoming year has been tentatively approved. Are we willing to pay 5.5% more in dispatch fees so they can hire additional dispatchers to increase response time? Cities need to discuss this. Assessing space needs and also looking at sites for new dispatch center. BYU students are almost done with finance app for the city so residents can interactively drill down on funds on any year since 2002 to get data they need.

CM Rees - Working on several press releases. Parks, Trails, Beautification and Recreation committee meeting on Thursday.

Presentation by AF Chamber of Commerce

Mike Olsen presenting. Have a proposal for City to join the chamber, which includes the following: 

• Representation on the Chamber board of a Cedar Hills City Council Member;
• Highlight Cedar Hills and their business community in the Chamber magazine and move-in guide distributed to residents in Cedar Hills, American Fork, Highland, Alpine, and Pleasant Grove;
• Chamber to hold at least one monthly luncheon annual within Cedar Hills’ city limits with invitations to the surrounding business community;
• Access to Chamber website with a landing page for the business community that also has a mobile app;
• Text cloud that would allow Cedar Hills to reach out to members of the business community to promote special events;
• Platinum level sponsorship at Chamber annual events including the Steak Fry, Golf Tournament, and Halloween Fun Run 5k;
• Chamber will offer support of a Cedar Hills event as mutually agreed upon;
• Cost  is $1,700 per year.

The Chamber sends information to the residents of North Utah County, specifically American Fork, Highland, Alpine, Cedar Hills Area. Putting out a magazine as a resource guide for residents and will be mailing to all residents in these cities. Will include a calendar of events for cities. New website being developed so each city will have a landing page. Have a text cloud for notifications. Also advertise on social media sites. Cheaper than other local chambers and wants to eventually partner up to have a North Utah County Chamber and with Utah Valley Chamber of Commerce. Will work with cities on help with events, such as Family Festival.

Review/Action on Refunding of Water Bond

This item was tabled for a future meeting.

Review/Action on Chair & Vice Chair for PTBR Committee

Appointing Boyd Wilkins as chair and Adrian Juchau as vice chair. Also, look into possibly changing bylaws so that this committee can select their own chair and vice chair. This was unanimously approved.

Review/Action on Resolution Supporting 2nd Amendment Rights

Requested by CM Augustus. Several other cities have made similar resolutions supporting second amendment rights. The Council expressed concerns over strong wording as we don't have authority to implement any laws regarding second amendment, and also not sure if all residents feel this strongly about this issue. CM Jackman made motion to continue item after changes have been made and item will be presented again.

Review/Action on Contract for Grill Concessions

Staff and officials met with three local businesses who were interested in providing concessions at the Grill. Discussed menus, hours, policies, signage, decor, food services for events, marketing plan, and fees. Committee who interviewed all unanimously agreed that Sammy's would be the best option. Sammy's wants to be a community partner and tie into our events and recreation. Motion made to start negotiations with Sammy's and Council needs to see final contract before final approval.

   ***This contract was reviewed and unanimously approved at a special Council meeting held on March 26^th.

Review/Action Declaring April as Child Abuse Prevention Month

From the press release - During the March 19th meeting the City Council adopted a proclamation designating April as Child Abuse Prevention Month. This will be held in conjunction with the national Pinwheels for Prevention® program organized by Prevent Child Abuse Utah.

The Prevent Child Abuse America's Pinwheels for Prevention campaign works to change the way the nation thinks about prevention and how people can deliver on the commitment to America's children. As the new symbol for child abuse and neglect prevention, the pinwheel is an uplifting reminder of childhood and the bright futures all children deserve. The organization focuses on community activities and public policies that prioritize prevention from the start to make sure child abuse and neglect never occur.

"Child abuse in all of its forms is a disturbing reality from which no city is immune," stated Mayor Gary Gygi. "We are pleased to participate in this program along with many other communities to bring awareness to this problem."

With more than 2.3 million pinwheels distributed since April 2008 and pinwheel activities in nearly every state, Pinwheels for Prevention is taking root. Cedar Hills will display 192 pinwheels at the Public Safety Building during the first week of April and residents are encouraged to display pinwheels in yards. More information regarding this campaign may be found online at http://www.pinwheelsforprevention.org. This resolution was unanimously approved.

Review/Action on Resolution Declaring March 26th as Purple Day

From the press release - On March 19th the City Council proclaimed March 26 as Purple Day. This day is recognized all over the world in honor of the over 50 million people that live with epilepsy.

Purple Day for Epilepsy is held each year and is dedicated to raising awareness about the disorder. It helps reduce stigma and empowers individuals living with epilepsy to take action in their communities. Purple Day was founded in 2008 by nine-year-old Cassidy Megan of Nova Scotia, and named after the internationally recognized color for epilepsy, lavender.

"We are happy to make this proclamation as a small way to raise awareness in our community," stated Mayor Gary Gygi. "City staff and officials will proudly wear purple on this day and encourage our residents to do the same."

The Epilepsy Association of Utah is sponsoring several Purple Day events on March 26th. Founded in 1973, The Epilepsy Association of Utah is a 501(c)(3) charity dedicated to enhancing the quality of life for all individuals living with epilepsy and seizure disorders. 1 in 26 people will develop epilepsy at some time in their lives leading to over 150,000 people in Utah alone. Epilepsy is the 4th most common neurological disorder in the US after migraine, stroke and Alzheimer’s. The Epilepsy Association of Utah offers a public education program, statewide support groups, personal and professional advocacy, college scholarships, art exhibits, educational conferences, summer camp and more. Visit http://epilepsyut.org for additional information. This item was unanimously approved.

Fiscal 2014 Budget Presentation

Revenue increases for the Water & Sewer Fund follow BC&A recommendations approved last year. Those funds will be for infrastructure needs, both now and future. This will be shown in expenses presented later. We encourage staff to keep the extra money in this fund so that the associated expenses can be tracked and residents will be able to see that those utility fees are only being used for utility needs. Impact fees revenue is down as expected development is down. For the Motor Pool fund, we are pushing replacement of bigger vehicles out further. Depreciation expense isn't actually paid out, the dollar amount associated with it stays in fund for future purchases. Public Works trucks are rotated about every three years. We purchase on the state contract and do well on reselling the vehicles.

Discussion on Family Festival

Bank of American Fork will sponsor the dinner and movie night. Working on volunteer committee. Met with Macey's and they are willing to handle the dinner and the cost will be low so more residents can participate. Doing well obtaining sponsors. Maddee Proffit is working on fun run and identifying a family who is in need of donations for medical problems.

Discussion on Recycling Program and Opt-Out option

Research options and determine whether or not we want to select an opt-out program. This will be presented at a future meeting.

Discussion on Sign Ordinance in Public Areas

If we have an outside company work at the grill they would want to have signs at the CoRec and also on public land (corner of Canyon Road and Bayhill where current golf course sign). Staff will look at possible changes needed to sign ordinance to accommodate this.

Council Meeting - March 5, 2013

Work Session

Mayor Gygi met with two stakes about assigning wards to help with Family Festival each year. He will be meeting with third stake tonight. We need about 150 volunteers every year so each ward would have an assignment every 5 years or so, which works out to one ward from each stake. We are also working on creating a resident driven committee to help with the festival. Volunteers will work on things we've had staff normally do, such as help with booths, parade, activities, etc. This will also help the City get more input from community. We are looking at having a theme for each year. Mayor needs input on people who could serve on this committee.

Council Meeting

Public Comment

Ken Cromar - Disappointed that City raised taxes this year. Feels the City should have cut expenses. Says City misled the State Records Committee by saying his group has filed a lawsuit against the City. He says he has never filed a lawsuit against anyone. Says City misrepresents facts.

   ***The City did raise the tax rate, but this did not increase revenues. Utah County makes a recommendation to each city every year on what rate they should adopt in order to collect the same amount of revenue as the prior year. The City Council chose to accept this new rate to keep our revenues consistent as our legal expenses continue to rise. However, most residents are paying the same amount in property taxes that they did in the prior year. Some are paying less than last year, including Mr. Cromar. A more detailed explanation can be found in the State of the City newsletter, pages 7-10, which can be found online here.

Public Comment & Review/Action on Amendments to FY 2013 Budget

Nobody signed up for public comment regarding amendments to the budget.

Consent Agenda

Minutes from the February 5, 2013 meeting were unanimously approved.

City Reports

CM Augustus – Planning Commission met last week. Talked about weeds and how to enforce ordinance. North Pointe Solid Waste will have a meeting this Friday.

CM Zappala – Attended an Animal Services meeting. Bill before legislature right now (HB150) that would outlaw the use of carbon monoxide chambers for euthanization. This is how County currently put down animals. If passed, it will significantly increase cost of euthanizing animals, which will increase fees paid to this facility. Facility feels this bill is wrong as euthanasia is the most humane way to put animals down. Alternative is to use lethal injection, which traumatizes animal as it is held down while being injected, and it is also much more expensive. Asking us to reach out to representatives to lobby against this bill.

CM Martinez - YCC working on changing the ordinance for YCC. They have been stuffing eggs for Easter egg hunts. March 29th is teen hunt (ages 11-15) at driving range, and egg hunt for kids 10 and under is on March 30th at 11:00am at Heritage Park. Eggs are recycled so residents should take candy and leave the plastic eggs. YCC is also having a social gathering for teens right after teen egg hunt. Tot soccer registration is happening now. Price has gone up $5 and some residents are concerned so staff will be reviewing this to find out why our costs have gone up. Other cities (Orem, AF, Saratoga Springs, PG) all charge more than we do. Family Festival is June 3th - 8th. Parks, Trails, Beautification and Recreation committee is hosting Arbor Day contest with Cedar Hills elementary schools. Flyers will be going out to schools. This is a poster contest and winner will be selected. Fire department will be having an open house in April when new fire truck arrives.

CM Jackman - LPPSD had meeting. District is no longer participating in social security for employees so there was a lively debate on a refund that was being given back to cities. Board decided to give refund back to the employees who had been paying into the social security system. Will be meeting again to discuss LPPSD budget. Finance Committee met and Council will discuss budget items during meeting. Looking at potential options for emergency dispatch items and other cities for fire services. Not committing to any changes, but getting a sense for what others offer.

CM Rees - Several press releases issued and working on more. Watching County library system as American Fork Council discussed in a Council meeting. Parks, Trails, Recreation and Beautification committee will plant 26 trees honoring Sandy Hook victims and will also discuss event for Murdock Trail Grand Opening.

David Bunker - Murdock Trail opening on May 18th. County wants a passport system so residents can check in with each trailhead and events. Starts in Orem and ends in Lehi. Have had developer reach out to us to finish Bridgestone complex so Council will be receiving drawings. Radi8 Creative (PR firm) will be reaching out to ~120 residents and business owners to get feedback for branding process. This includes residents all parts of the city.

Review/Action on City Code for YCC

YCC needed to update the existing ordinance. Changes being made include:

• Ordinance to say ages 14-18 instead of high school students
• YCC members have to have served at least one full term before serving as mayor
• Contact YCC staff advisor if they can't attend a meeting
• Instead of having YCC elect a mayor the members will apply for mayor and present to adult advisors, who will then appoint the mayor
• Section 2D add "with consent of the City Council"

This item was unanimously approved.

Review/Action to City Code on Nuisances

Discussed during Planning Commission meeting. The City needs to address issues with trees that hang over signs and hedges that are growing over sidewalks as well as weeds. We previously have not had an ordinance that gives zoning official the authority to enforce laws. Additional items will be added by Scott McMahon after talking with the fire marshal and Utah County wildlife regarding vacant properties and pastures. Sending back to Planning Commission with these additional items before Council approves. This agenda item was continued.

Discussion on Family Festival

See notes above under Work Session.

Review/Action on Amendments to FY 2013 Budget
There were 5 budget amendments presented by Charl Louw and the agenda, which lists this in more detail, may be found here. The highlights:

• Reduction of $140,000 in Class C Road Funds (10-36-800) - After doing some research Charl found that last year we thought we had a fund amount of $425,00 but that didn't actually exist. The actual amount of Class C Road Funds available was $285,000. Because of this mix-up there are some projects that will be delayed to FY14. City Manager David Bunker stated we have already fulfilled our usual maintenance for the year and that this will not cause any disruption in service or diminish quality. These delayed items include:
• $10,000 in street light maintenance (10-62-415)
• $10,000 in signs (10-62-420)
• $65,000 in street supplies and maintenance (10-62-440)
• $30,000 in sidewalk maintenance (10-62-470)
• $25,000 in transfer to capital projects fund (10-69-910)
• Transfer of $1,100 from materials & supplies (10-40-200) to other events (10-40-350) to cover expenses included with decoration the CoRec for Christmas and holding a citywide Christmas party.
• Transfer of $900.00 from materials & supplies (10-40-200) to communications (10-41-290) to cover the purchase of tablets for Councilmembers. The reduction in materials & supplies is the money saved from not printing and delivering paper packets to Councilmembers.
• Transfer of $4000 from Planning Commission (10-41-115) to materials & supplies (10-40-200) to cover expenses associated with the printing and mailing of the State of the City newsletter. This money was available as the Planning Commission members have opted out of receiving a salary.
• Transfer of $7,500 from P/R Professional & Technical (10-40-330) to Branding (10-40-335). A an additional $3000.00 for Branding was transferred from the Water and Sewer Fund and $7,500 from Golf Advertising.
• The savings on the G.O. Bond after refinance was $49,957.56. After expenses the net refunding activity's impact to the FY13 budget was $21,373.56.

The budget amendment passed 3-2 with Rees, Zappala, and Jackman voting yes and Martinez and Augustus voting no.

Fiscal Year 2014 Budget Presentation

The revenues for the General Fund and Capital Projects Fund were discussed and the detail can be found at the same link provided above. Some highlights:

• There is an overall reduction in General Fund revenue of $258,000 compared to FY 2013. This is due to a reduction in delinquent tax fees (less people are walking away from homes), a reduction in telecom tax received, a reduction in building permits and plan check fees, a reduction in the Class C Road Fund balance (see above) and a reduction in the Care Tax Fund Balance.
• There is a transfer of $2,069,358 from the Capital Projects Fund to the Community Recreation Fund. This is to pay off the loan that the golf course had accrued from other funds. This transfer and associated remaining balance shows the actual balance in the Capital Projects Fund as the golf course losses were being paid throughout the years. This is more transparent in showing officials and residents what our actual cash on hand is for each of our funds.
• There will be a $12,000 capital outlay in the Capital Projects Fund for a safety trench box, which is now required by OSHA.

Council Meeting - February 19, 2013

Work Session

Mark Edminster presented a proposal from Wells Fargo to refinance the existing utility revenue bond. Currently has interest rate of 5.99%. Willing to refinance at 2.61% for seven years on outstanding balance of $845,000. The current bond is not callable until March of 2019 so we can’t refinance with any other bank until that time. The current average annual debt service on this bond is $80,663. The refinance scenarios and projected savings are:

• 7-year fixed rate option with 10-year maturity and level annual debt service
• Net Present Value savings: $182,404 (22.41%)
• Average increased annual debt service for first 7 years - $15,622.
• 7-year fixed rate option with 7-year maturity and level annual debt service
• Net Present Value savings: $167,035 (20.50%)
• Average increased annual debt service - $51,944.

Mark sent Wells Fargo a list of eight questions that need clarification before moving forward. Mark feels much of their letter was a boilerplate template so some of this may not apply to this refinance. The current wording states there is a mandatory payoff after seven years, so he is asking about that. If there isn’t a mandatory payoff then there is the risk of not knowing what the interest rate will be in seven years. Charl said if the interest rate was too high in seven years then we could pay off the bond with money in the capital projects funds. Right now we pay $80,663 each year on this debt. If we pay it off in 10 years then we would save the extra 6 years of $80k payments that we are now planning to make as payoff isn't until March 2029. Mark recommends we pursue it to see where it leads and we can make final decision once all questions are answered. It doesn't cost us anything to pursue it. Mayor Gygi has asked Mark to go back to Wells Fargo to see if they would be willing to do a fixed rate for 10 years instead of seven. CM Zappala expressed concern over speeding up payoff. Utility bonds are generally setup over a 20 year span so that residents who live in the City over that 20 year period are helping to pay for it. If we speed it up to 10 years then residents living in the City over 10 years are paying for all that infrastructure and residents moving in after that don't pay for any of it. CM Jackman was concerned as to why we are looking at this again as last year we had decided not to do this as we didn't want to raise utility rates any more than we already are to cover O&M costs. Council agreed that Mark could continue to work with Wells Fargo to get questions answered but no approval will be given at this time to refinance until we get these answers.

Council Meeting

Public Comment

Suzy Butler – Says she was told the City was going to get better insurance to cover sewer backup. She wants to know what recourse the City has and wants to know how she is going to be protected. Mayor Gygi explained we are currently looking at other insurance companies. Families involved are putting together a formal appeal which they will present to the City, asking to be reimbursed for damages. 

GFOA Distinguished Budget Award

From our press release - On February 19, 2013 the Government Finance Officers Association presented the City of Cedar Hills with the GFOA’s Distinguished Budget Presentation Award. Finance Director Charl Louw was also presented with a Certificate of Recognition for Budget Presentation as the individual primarily responsible for having achieved this award.

According to the GFOA, the award “reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting.” This is the 11^th year that Cedar Hills has received this award. In order to qualify, the City had to satisfy nationally recognized guidelines for effective budget presentation. The budget documents submitted are evaluated separately by three reviewers. Each reviewer rates each budget document as being not proficient, proficient, or outstanding in regard to 27 specific criteria, grouped into four basic categories. To receive the award, a budget document must be rated either proficient or outstanding by at least two of the three reviewers for all four basic categories, as well as for 14 of the 27 specific criteria identified as mandatory.

“We wish to thank Mr. Louw and our entire financial team for performing all of the work required to obtain this prestigious award,” stated Mayor Gary Gygi. “We are lucky to have excellent people working for the City and are happy they are being recognized for their hard work and dedication.”

The Government Finance Officers Association is a nonprofit professional association serving over 17,500 government finance professionals throughout North America. The GFOA’s Distinguished Budget Presentation Award is the only national awards program in governmental budgeting.

Discussion on Manila Sewer Back-up

The City had a sewer line backup on December 13^th due to vandalism. Three homes were affected. The City submitted a claim to the insurance company, which was denied. The City appealed this decision, which was also denied as the insurance company stated “This claim relates to damage to homes resulting from vandalism of the City’s sewer system. According to the facts you have given us, the damage sustained by these residents was not caused by any act or failure to act on the part of Cedar Hills – it was caused by third parties. The residents whose homes were damaged cannot prevail on a claim against the City because the City is not liable for the damages the residents sustained. Because the City is not liable for the claims, we cannot extend coverage beyond the no-fault coverage limits we have already paid.” Each of the affected households received $5,000 from the trust as part of our no-fault coverage but this does not cover the loss for each house. We are now appealing to the Board of Directors. Appeal will be on March 22nd.  AFPD is also currently investigating this vandalism.

Review/Action to Approve Wells Fargo Utility Bond Refinance

See my notes above during work session. We have asked Mr. Edminster to continue to work with Wells Fargo but are not approving a refinance at this time.

City Reports

David Bunker - Resident has approached staff about doing a development on the south end of the City. David will continue to work with him and provide updates to us. Attended State Records Committee hearing last week and committee ruled unanimously in our favor.  LPPSD meeting this week on recent study they had done. Had some discussions on PG 4000 N. sewer line and working on potential agreement to present to the Council.

CM Zappala - Emergency Preparedness townhall this Thursday. Met with Dax and David to review Parlant system and will do demonstration on Thursday. Will also do presentation on how to follow us on Twitter and Facebook.

CM Jackman - LPPSD has board meeting next week. Budget is continuing to move forward.

CM Augustus -  North Pointe Solid Waste sent info on subgroups such as policies and procedures. Trent will work on this.

CM Martinez – For Family Festival she is working on creating a community committee. YCC working on fundraising activities. YCC reviewed ordinance and discussed things that need to be updated or changed. Talked about ways they can work with the Council with regards to issues the youth face. YCC is also now stuffing Easter eggs for hunt. PTBR committee will be meeting on Thursday.

CM Rees - Two press releases issued, working on three more. PTBR will be working on updated master plan for parks and trails.

Discussion on Family Festival

New dates are June 3 - 8th. Quincy Lewis will be the grand marshal. Adding food trucks, such as Waffle Love and Poji Grill (pizza). 20 sign-ups for parade already. Harts will be title sponsor. Working on Family Festival committee like Pleasant Grove does. Not sure when fun run will be. Seven businesses have already committed to sponsor. Budget this year is $40,000, last year we spent $43,000 so will work to stay within budget. Greg will work with the carnival company to get better rides (not so many spinning rides). Reaching out to National Guard on participating in parade and possibly sponsoring a rock wall. In the future we need to find out when other cities have their festival so we can try to plan our Festival later, such as July.

Review/Action on Social Media Use Policy

The policy establishes a set of rules to guide communication from the City to residents via social networking sites, such as Facebook and Twitter. It was unanimously approved.

Council Meeting - February 5, 2013

Work Session 

Discussion on Direction of Recreation and Grill

A lot of activity for the Grill was driven by golf so when golf stopped for the season the revenues at the Grill also went down considerably. Staff would like to see more recreation at the CoRec so as to get more foot traffic. Fitness classes are struggling to get consistent numbers of participants. Some classes had to be cancelled last year because of events. Most of the December classes were cancelled due to events and approximately 5-7 classes had to be cancelled in all other months combined. The Grill has some limitations based upon how it was built so makes it difficult to change the menu much. We also do not have signage marketing the Grill. Another option for discussion is leasing out the Grill to a private company. Greg has talked with Chubby's and they are interested. David and Greg will continue to talk with them.

Discussion on Roles and Responsibilities of Mayor and Council

City has traditional form of city government with 6 member Council, one being Mayor. Mayor can only vote in case of tie, hiring/firing City Manager, or if Council is going to amend Mayors administrative duties. Mayor has majority of administrative powers for City. Council has some administrative authority, such as approving a contract for building new buildings. Mayor is CEO and all city employees answer to the Mayor. Had issue in the past with different councilmembers going to City Attorney with opposing wants and it caused gridlock, so it was determined Mayor would give direction to attorney. This is also why staff report to the Mayor and not the City Council. It causes confusion if staff is being pulled in different directions by different councilmembers. Mayor has been told by staff that when Council is too involved, staff shuts down because Council takes over and it leaves staff confused as to what direction to follow.  

On the budget, the Mayor comes up with budget, which is presented to Council for approval or amendment. The budget determines course of action for City Manager and staff and City Manager and Mayor have to make sure the budget is followed. Changes in the budget within a department are administrative and a budget amendment is only needed if funds will be transferred between departments. If Council wants money specifically used for something then it needs to be approved by ordinance (such as hours for the Grill or for specific programs). Moving forward, we could create policy on when staff should notify Council when a fund isn't doing well and may need budget amendment.

Hours of the Grill and CoRec are administrative and under direction of staff and Mayor. City Council could pass an ordinance mandating certain hours. Staff determined to close Grill once golf course closed for the season because we didn't have customers. The Council could ask staff to come up with policies for the CoRec and present to the Council for approval.  

Mayor has the ability to make Council assignments by appointing administrative duties or responsibilities to Councilmembers and presenting recommendation to the Council for advice and approval. There isn't a lot of clarity on what administrative duties a Councilmember actually has. Council and Mayor should discuss this and come to agreement on what the expectation is in these assignments. Delegation comes from Mayor so direction typically comes from Mayor. Each Mayor may have different ideas of what this means. The first place a Councilmember should go for clarification should be the Mayor. If there are problems with that process then the Council as a whole may get involved.  

As a matter of courtesy, when interacting with staff and asking for things that will require staff to invest time we should clear that with Mayor so that we aren't interfering with other duties that staff has.

Council Meeting 

Public Comment

Nobody signed up for public comment.

Report/Update from Commissioner Gary Anderson (Utah County)

Mr. Anderson did not show up for this report.

Review/Action on Resolution Recognizing Paige Osmond

From the press release - As part of the Cedar Hills Champions program, the City Council will recognize Paige Osmond for her achievements in ballet after she was selected for the main role of Radio City’s Christmas Spectacular “The Nutcracker”.

Paige started dancing at age three and trains each week at Dance Club in Orem. She and her family were in New York for a dance competition when they heard about the auditions for The Nutcracker and she decided to try out. Her mom, Heather, later received the call announcing that Paige was selected to play the role of Clara in the Nashville, Tennessee performances. She spent one week in South Carolina learning the choreography and six weeks in Tennessee participating in 38 performances.

“Paige loved the experience of performing in The Nutcracker,” stated Heather Osmond. “This was the 85^th anniversary of Radio City putting on this ballet and Paige had so much fun being a part of it.”

“Paige is an inspiring young lady,” said Mayor Gary Gygi. “Her commitment to her talent is impressive and we are honored to recognize Paige for her dedication and success.”

February 6, 2013 was declared Paige Osmond day in Cedar Hills. This was unanimously approved.

Review/Action on Resolution Recognizing Herb Wilkinson

We previously recognized him but didn't have the resolution available. It was officially approved tonight.

Consent Agenda

Minutes for the December 18, 2012 Special City Council Meeting and the January 22, 2013 City Council meeting were unanimously approved.

City Reports

David Bunker - Staff looking at changes for healthcare policies that will be required for Obamacare implementation.

CM Rees - One press release issued, working on two others.

CM Jackman - Met with chiefs from LPPSD and American Fork Fire Department to discuss what they offer. These talks will be ongoing. Met on committee Murdock Canal. As it is nearing completion they are organizing an event to commemorate enclosure (April or so) then a few months later they will have another event that is focused on the trail. This one will be more of a community event.

CM Martinez - Jr. Jazz is halfway done. Had Meet the Jazz player night at Lehi High School. Family Festival dates have changed due to a conflict with Orem moving their dates and the carnival company couldn't do our same dates. They have promised us a Ferris wheel this year. Tot soccer registration starting soon. Working on t-ball. Golf department is updating software and Wade is working on that. Replacing carts and all new carts will be delivered in March. Went to Thanksgiving Point expo to advertise Vista room and got some bookings. YCC starting to stuff Easter Eggs for Easter Egg hunt. Working with Mayor Gygi on new program where Family Festival committee will help plan and run Family Festival. Looking for nominations for people who would be good at chairing a committee.

Mayor Gygi - Will be talking with staff on Grill options. Also working on day long retreat for the City Council and executive staff.

CM Augustus - Went to North Pointe Solid Waste meeting. Only one item was discussed. Planning Commission did meet last month but CM Augustus was out of town and could not attend.

CM Zappala - Working with students to design apps for the City. They are really energized about this project and both will be beneficial for residents. One app is for a budget friendly document and another for a book sharing program amongst residents.

Review/Action on Ordinance Regarding Catteries

Chandler Goodwin presented. Made changes requested from last meeting, including only one litter being allowed at one time. Also cleaned up some of the redundancies. CM Zappala recommends we strike B3 as it is a duplicate of B2. Approved unanimously with changes.

Review/Action on Approval of Contract with PR Firm on Branding Campaign

Contract updated to reflect the items in the proposal. Suggestions for funding include items in the current budget instead of using unrestricted funds. The recommended funds come from line 10-40-330 (Professional/Technical set aside for PR in General Fund) for $12,000, line 51-73-330 (Professional/Technical from Water Fund) for $2,000, and line 75-70-600 (Advertising in Golf Fund) in amount of $4,000. Branding is more than just a logo, it is the vision for the City.

CM Zappala feels we need a new logo because it doesn't communicate a brand. I agree this may be the case and feel we need to involve other stakeholders, such as commercial business owners and residents, in the branding process. CM Jackman feels we need a better sense of identity and better brand. Chandler (Assistant City Manager) has started to put together a list of how this affects staff and all that will need to be updated. David Bunker stated he felt this was an important thing for the whole city. Mayor Gygi feels the greatest benefit comes from economic development, which is helped by branding the City and defining who and where we are. CM Augustus is concerned about future costs for things such as changing logos on trucks and street signs etc. We discussed that this is something that we can implement over a period of time, it doesn't all have to be done at once. PR firm would give us recommendations of how to proceed and what they think the priorities should be, but we get to choose. CM Augustus also concerned because he feels like he's been told we don't have money to travel to St. George for training but we should find money for this branding project. CM Jackman explained that we have the money available for St. George, we are just talking about whether we re-allocate travel funds to be used in different ways. (This can be accomplished by having the Council attend the Salt Lake training instead of the St. George training, which would save approximately $1000 per Councilmember.). CM Martinez feels this is a big decision and encompasses a lot of things. She feels more companies need to present to the Council. Local universities may also do branding for cheaper or for free. I felt we didn’t need to have each of the PR companies that were interviewed by staff to also present to the Council as we rely upon staff to do this kind of due diligence and present to us the best option. We don't require presentations to the Council for all bids related to park maintenance, financial auditing, etc. so we should trust that staff is bringing us the best option. CM Jackman stated he would like to see more funds come from the Golf budget and less from the General Fund as he feels the Golf/Rec/Grill programs will benefit the most from this branding effort.

Resident Keith Irwin spoke. He feels importance of brand extends beyond commercial district. When he first moved here and told people he lived in Cedar Hills they laughed. Feels Council has done a lot to turn around negative image, but a lot more can be done to improve that image.

Motion was made to approve the contract with Radi8 Creative subject to legal review and approval and more funds coming from the Golf fund and less from the General fund. CM Martinez was concerned that we were moving forward with all of these stipulations. CM Augustus expressed concern over my previous affiliation with Radi8 Creative. I did some consulting work for them in 2010 when they needed help coming up with strategy for one of their medical clients as healthcare is my background. I explained that I was not receiving any financial compensation from this group and had no personal interest in their business. CM Augustus stated he feels that my past attachment with them and moving forward with this contract is wrong.

Motion to approve PR Branding contract passed 3-2 with Rees, Jackman, and Zappala voting yes and Martinez and Augustus voting no.

Discussion of Social Media Use Policy

Presentation by Chandler Goodwin - Looked at social media policies from other cities to determine what our social media policy should be. The policy establishes guidelines for the establishment and use of social media sites as a means of conveying Cedar Hills information to residents. This only applies to social media sites maintained by the City and on behalf of the City.

City Council Meeting - January 22, 2013

Work Session

We reviewed the agenda for Council meeting. Resolution for Herb Wilkinson has not yet been prepared so that item will be read at next meeting. For the Silver Beaver BSA award we will have everyone present except for Sherman Varney (injured) and George Reynolds (it was his dad who received the award). CM Jackman will have some changes to cattery ordinance. Ordinance on buildings over $400,000 changed to remove clause providing for retroactive enforcement (not legal) and to require a majority of votes not a majority of all registered voters. There will be an Emergency Management town hall in February. Ideas for Cedar Hills Champions program include having the day after the resolution be that Champion’s day, each will receive a certificate and be included on the plaque, invite them to be in the parade at Family Festival, encourage more nominations from residents. 

Council Meeting 

Public Comment

Michelle Demille - Three houses on her street were damaged after vandalism occurred in sewer system causing those houses to be flooded with sewage. She wants to put some closure to frustration. She was told it would be taken care of. Overall there were 350 gallons of sewage. She could have done cleaned it up herself instead of paying someone else if had known they would have no coverage from the City or homeowners insurance. She wants to have a settlement with city, would rather not hire an attorney. $9000 worth of belongings are now in her garage that was sitting in waste. Mayor Gygi said he would speak with other mayors who sit on the appeal board for City insurance as our insurance carrier has stated they will only reimburse each home $5000 as this issue was caused by vandalism. **The City is in the process of appealing this decision. We sent pictures of the vandalism (someone lifted the manhole cover and put a basketball, football, and several large branches wrapped in towels into the sewer system) and are asking our insurance carrier to reconsider their decision. Each manhole cover weighs over 100 pounds so it wasn’t little kids who did this.

Suzy Butler – Suzy was also affected by the sewage backup. She has been a resident for 30 years. Spent 15 years on septic tank but allowed easement when sewer main went through. Her house has been flooded 4 times, 3 times due to a faulty sewer pipe and this time from vandalism. She has cleaned up mess herself in the past. This last time was the worst as she suffered $25,000 worth of damage. She stated she is not convinced it is vandalism, thinks someone is purposely sabotaging the system. She thinks an adult lifted off the cover because it is heavy. She was told the city would cover it and would have cleaned it up herself if known that it would not be covered. She didn't find out insurance wouldn't cover the cleaning crew ($5000) until a week and a half later. When there is vandalism to park bathroom, the City pays for it so why not this? She wants us to have a remedy in place in case the insurance company doesn't come through

David Butler - Confirmed his wife's statements. He wants to have a remedy for the future to be sure this doesn't happen again. Wants to know why the City manhole covers are not locked down so this can’t happen.

Review/Action on Recognizing Cedar Hills Champions

From the City press release - As part of the Cedar Hills Champions program, the City Council recognized those residents who have received the Silver Beaver Scouting Award. This includes Sherman Varney, Sheldon Talbot, Arlene Smith, Gary Smith, Andrew Gibbons, Reed Swenson, Grant Bangerter, Grant Iverson, Pauline Iverson, Greg Harris, Bob Ogden, Jeffery Pyne, and Brad Sears. The Silver Beaver award is the highest recognition a Boy Scout council can bestow on an adult volunteer leader. The award is presented to those volunteers who have made outstanding contributions to the Scouting program through hard work, sacrifice, dedication, and many years of service. Nominations are recommended by the local council and approved by the National Council of the Boy Scouts of America.  

Discussion on Temporary Island Cutout on Cedar Hills Drive

Amsource is requesting a temporary cutout on Cedar Hills Drive so that drivers can exit the businesses on the corner by turning left onto Cedar Hills Drive. This has been discussed and rejected in the past due to safety concerns. The Council unanimously agreed to not allow this as the safety concerns still exist and we did not allow this for Harts.  

City Reports

David Bunker - New TSSD sewer plant 80% complete and is very impressive. Recommends Council go on a tour.

CM Jackman - Finance committee met today to kick off budgeting process. Timeline setup to make periodic presentations to Council.

CM Rees - Issued press release on Silver Beaver Award recipients. Discussed Daily Herald article on Lehi and executive retreat where City Council, City Manager, and department heads all get together to plan vision and goals. Called City Councilmember from Lehi to get feedback and was told they do this every year to work on year goals and 6 year goals. Feels it is important to have the city staff on board with goals and have buy in.

CM Zappala - Finance committee met. Agrees that we should have a retreat each year. Working on Emergency Preparedness townhall meeting. Lone Peak Fire has a system for radios that works great even when phones are down. Can receive calls from neighborhood leaders (Stake leaders, schools). Cedar Hills needs to get this information out and be sure stakes and schools have them, as well as area leaders for a neighborhood. Wants to meet once per month with three cities and schools and council and get that frequency up and running with drills. Radios are $175. City has several radios. LPPSD also has a big snowmobile trailer to rescue people in canyon and are getting a new heavy duty trailer to be a mobile EOC. CM Zappala is also working with students on helpful City Apps for budget transparency and a virtual library.

CM Martinez – Had interviews with YCC to assess commitment, communication, and follow-through. Our youth have commitments elsewhere in city, but we are not communicating to them our big events. Need to do a better job of communicating to church leaders about events. Junior Jazz going well. Basement plans are with architect for bid packets and will come in two parts. There are issues with elevator, so one option is an addition to west side. An ADA ramp will not work.

Review/Action on Cattery Ordinance

Chandler Goodwin presented. Changed maximum number of cats to be 6 over the age of 6 months. Added language concerning outdoor exercise area. Council brought up concern with large number of kittens under 6 months so language will be changed to only allow for one litter for breeding purposes. Will remove section 1.B.1.A and add as part of our business license procedures. This item has been continued.

Reviw/Action on Ordinance to Restrict Purchase or Construction of Public Buildings in Excess of $400,000

David Bunker presented. In 2011 a petition was submitted to the City for this purpose. The language required a majority of registered voters, not a majority of those voting in election and also allowed for the law to be retroactive, which isn’t legal. This was a hot topic at the last election. Council understands the concern and has no problem with this ordinance giving residents the opportunity to vote on new buildings over $400,000. This item passed unanimously.

Review/Action on Contract with PR Firm for Branding Campaign

Would include logo and rebranding of the City. Two firms were interviewed and Mayor and City Manager would like to enter into a contract with Radi8 Creative. We would need to amend budget for this in current year or wait for 2014 budget. Mr. Keith Irwin commented and stated that commitment comes from involvement so this process needs to involve residents. A branding process well-done engages many constituents in the community. He did have one concern that the contract only has one deliverable and we need to change it to include everything in their bid. CM Jackman has also asked for legal review of the contract and more information on where the funds will come from. Mr. Bunker recommends unrestricted funds, but CM Jackman would like him to also look at using some of the existing advertising funds already allocated to the Community Recreation Fund. Item has been continued.

Discussion on Town Hall Meeting Regarding Emergency Management

Will be held February 21^st. City responsibility is major infrastructure. CM Zappala recommended we use the Parlant system to get word out about the meeting. CM Jackman wants to increase the number of times we use Parlant, but when we do a survey ask questions about what type of info should be communicated. CM Zappala wants to be sure to use text messages where possible because they are less intrusive and more convenient.