Tuesday, May 19, 2015

City Council Meeting - May 19, 2015

Work Session
Pleasant Grove Strawberry Days Royalty presented. The queen and each attendant introduced themselves, as well as the rodeo royalty. Invited Cedar Hills residents to Strawberry Days, which is in June.

Council Meeting

Public Comment
Robert Silva – Received a notice regarding a speed bump sign being covered by his tree. His tree was in before the sign was placed. In order to comply, he would have to remove the entire tree. Would like to know if city could move the sign back approximately three feet so that the tree doesn’t need to be cut down. Many other city signs in the area are also obstructed by trees.

David Cox – Addressed the Rosegate development. Has lived in Cedar Hills for less than a year. He was initially opposed to the development for selfish reasons. Has general impression that the city feels they are in a helpless position with this development. The mixed-use office/retail zone is supposed to be less intense. In commercial guidelines it says city shall impose any and all conditions to protect surrounding areas. His belief is that the conditions requested have not been met, specifically the height of the building. He will email the Council the rest of his thoughts as he ran out of time during public comment.

Ken Cromar – Last City Council meeting his group spoke regarding Kim Holindrake and her retirement. Hasn’t received a response and wants to know when he will receive one. Wants former attorney Eric Johnson to sign an affidavit stating that all city documents were returned to the city and that he never engaged in anything illegal.

Public Hearing
Final Plans for Lakeview Trails Subdivision, located at approximately 10100 Canyon Road in the H-
1 Hillside Zone

Wayne Windor – Manager for Metropolitan Water District. Believes there is one area that has not yet been resolved and it is the storm water runoff on the corridor. Wants any action to be contingent on addressing storm water runoff concerns.

Decision to allow the proposed congregate care facility, Rosegate at Cedar Hills, located at 4600 W Cedar Hills Drive, to traverse the Neighborhood Retail subzone

David Cox – Purpose of the neighborhood retail subzone is to promote/meet day to day needs of current residents. Doesn’t feel this development does this. Plans he has seen are not ideal. Is in favor of allowing it to traverse in order to make building nicer looking, but only if the building is moving forward.

Corey Shupe – Corey is with Blu Line, the developer for Rosegate. He feels they have met requirements, but there was a desire from the Planning Commission to look at how things would look if an overlap in the neighborhood retail subzone was allowed. Came to hear feedback from residents.

Amendments to City Code Regarding Landscaping and Xeriscaping

Nobody signed up for public comment.

Water and Sewer Funds transfers out to Governmental Funds to cover related Water & Sewer charges for FY2015 and 2016 - see notes from that agenda item below.

Ken Hazelbaker – New to Cedar Hills. He is a Civil Engineer. Surprised to see a golf course in a desert community. Doesn’t understand why we are transferring funds, wants to know if it’s a normal fiscal thing or an emergency issue.

City Reports
David Bunker – Teen soccer finished up this week and was very successful. Working on an agreement with Lone Peak Volleyball for some clinics. Meeting with Principal Bromley to discuss additional partnerships. Golf course has struggled this month with rain.

CM Zappala – Working on technology to improve customer service. Coordinating with city staff. We currently use a program called iWork but isn’t clear whether or not it meets our needs, so he is going to setup a meeting with them to find out if we should be using it differently.

Mayor Gygi – Finance Committee met and moving closer to final budget. Hoping to have one more additional meeting before final approval.

CM Rees – Planning Commission met. They had a great discussion on whether or not to allow the proposed congregate care facility to traverse the neighborhood retail portion of the SC-1 zone. The goals discussed were to create a park-like setting that can be accessed and enjoyed by the entire community, to move the development further from the homes to the south, and to allow for more commercial development in the southwest portion of that property. The final motion incorporated these goals and included conditions that the area must maximize open space to be visible and accessible to the community, and to require a 1 to 1 swap for commercial. It was approved with one dissenting. The one dissenting preferred to have a visual of what was being suggested before making a decision and also would have liked the requirement that the 1 to 1 swap be specifically for commercial that generates sales tax. The recommendation was made to Blu Line to come to the Council with some visuals of the 1 to 1 swap.

The Planning Commission also discussed rezoning some lots from the R-1 20,000 zone to R-1 15,000. This would allow some of those lots to be subdivided and developed; however, it is anticipated this would only create an additional 8-10 usable lots. Large animal rights would need to be allowed as these lots already have those rights. It would also make the current non-conforming lots into conforming lots.

The Planning Commission agreed that the next meeting on May 26th would be dedicated to reviewing the design guidelines.

Finally, because Lakeview Trails is on the agenda today, I figured I would read the motion made by the Planning Commission. It states “To recommend the approval of the Lakeview Trails Subdivision final plan to the City Council contingent on following: showing the storm water drainage between Lots 3 and 4 and parcel A and Lot 1; fixing the Pressurized Irrigation line between Lots 19 and 20 per David Bunker’s direction; showing the location of the sidewalk at the end of the cul de sac off Bayhill Drive; adding building area on each lot; assigning addresses; correcting the geotech study report; engineering and geotech review by the city engineer; and a letter of water rights conveyance.”

The Finance Committee met and further discussed the upcoming FY2016 budget. No significant changes were made from the last Council meeting.

The Family Festival is a few weeks away and that committee is busy preparing. All details are available on the city’s website.

CM Crawley – Spent time looking at options for the golf course.

Review/Action on installation of sewer laterals to properties on 4000 West
Recently a Pleasant Grove resident on 4000 West approached the City to connect to the Cedar Hills sanitary sewer mainline due to a failure of the septic system at their address. Currently the city policy is that connection to city lines are for current residents unless provisions are made otherwise. Due to the time sensitive nature of the sewer failure, this resident has been in discussions with the City regarding possible boundary adjustment or agreement to connect to the sewer main. Other properties may also be affected. Staff recommends each PG resident who wants to connect sign an agreement to boundary adjust into Cedar Hills. There are about six homes on this street who are also on septic systems and may eventually be in the same position. City would cover cost of lateral to property line. Ms. Day (the PG resident) spoke to those residents and all but one agreed to annex into Cedar Hills when their homes sold.

The concerns that I brought up were 1) an annexation period needs to be defined; 2) what happens if PG rejects the request for disconnect; 3) what happens if she doesn’t pay her sewer bill as we cannot turn off her water; 4) we need to implement any changes recommended by legal counsel.

This was approved with the four items above included as conditions.

Review/Action on final plans for Lakeview Trails in the H-1 Hillside zone
The “Lakeview Trails” subdivision is located on Canyon Road at approximately 10150 N. The proposed subdivision is located within the H-1 zone, but qualifies as a Planned Residential Development (see code 10-6B). These plans have been submitted to an outside engineering firm to review submissions. The submittals include plats showing the infrastructure improvements, a geotechnical study as well as the required storm water management plan.  Planning Commission approved a recommendation to the City Council for final approval during their April meeting.
Staff would like to see storm drain pipes to be 15” to meet city standards. PI line between lots 19 & 20 was corrected. Buildable area is being met. Engineering report on new plans is from Earthtek Engineering. Concern with storm drain system that goes across aqueduct and needs to be subject to an engineer’s review of final storm drain plan. Water conveyance letter was received but needs to be verified. Added streetlight at end of Bayhill cul-de-sac. Additional concern with lots 3-8 is that property encroaches upon easement for Metropolitan aqueduct. This has been an issue for residents in other parts of the city where residents weren’t able to install fences, structures, pools, etc. because of easements. Developer will disclose to residents that fence cannot be built on easement and that privacy fence not allowed on trail.

CM Zappala received a copy of the new geotech report, which was critical of the original geotech report. Asked who has reviewed these concerns. Staff met with Earthtek to review each of the concerns. This was approved with the following conditions: Subject to review of storm drain plans that meets requirements for massive event; drainage between lots 3 & 4 need to be piped; SL/Metropolitan Water as signer on plat; 15” pipe for storm drain; verification of water conveyance; verify addresses listed on plat; identify on plat where fencing is not allowed; final review and approval by engineering.

Review/Action on amendments to city code regarding landscaping and xeriscaping
Planning Commission has made a recommendation to the City Council to modify the current xeriscape code found in 10-5-27 to be as follows: 10-5-27 C. Defined: The term “landscaping” shall mean and include the installation of any combination of turf (including either sod or seeded area), planter beds, gardens, trees and shrubs, statuary, boulders, rock areas, xeriscape or other customary landscape features that occupy the entire unpaved portion of the front yard area. 1. Irrigation System: Where the landscaping includes turf and other plant materials that require the application of irrigation water in order to be sustained, an irrigation system shall be installed and designed to provide adequate quantities of water to those area requiring irrigation. Xeriscaped areas shall be watered only using drip/trickle irrigation systems, or other similar systems used to reduce water consumption. 2. Xeriscape: A landscaping method that employs the use of drought tolerant plants and techniques in order to conserve water. Nothing in this section shall be construed to prohibit the use of drought tolerant vegetation, and non-vegetative materials. Provided, however, failure of an owner to install and maintain landscaping within the front yard area under the guise that the vegetation and bare ground that occur naturally on the site constitutes xeriscaping shall not qualify as conforming with the provisions of this section.

CM Zappala brought up again having the city xeriscape roundabouts and street medians as nobody can play on that grass. Staff brought up this may increase our maintenance costs. I requested that we obtain information from our maintenance company on potential costs.

This was approved.

Discussion on Water and Sewer Funds transfers out to Governmental Funds to cover related Water & Sewer charges for FY2015 and 2016
The Utah State Auditor provided new guidance in an Auditor Alert May 8, 2014 for enterprise fund transfers, reimbursements, loans, and services relating to Utah Code 10-6-135. The new auditor alert requires governmental entities to charge governmental funds for any services provided by enterprise funds. The City is also required to hold a public notice because it reimburses the governmental funds for new water and sewer charges incurred. Estimated amounts for water and sewer are $8,500 for general fund and $31,000 for the golf course. Staff used information from what we charge American Fork and LPHS to come to the estimate. The budget impact is zero as there is a charge for the utilities with an associated transfer in from the water & sewer fund to pay for the utilities. The report from the Utah State Auditor is available online for any resident who would like to view.

Review/Action on resolution regarding fireworks and open fires
Chief Freeman has addressed the City Council regarding the upcoming fire conditions.  Although conditions are subject to change with weather patterns which are unpredictable, Chief Freeman feels that if dry weather persists, conditions could rapidly accelerate the potential for fires. The Chief anticipates that conditions will be similar to last year and has expressed concerns that restrictions for open fires and aerial fireworks should be in place in some locations. Utah law now puts the control of restrictions directly with Cities.  By resolution, the City can restrict open fires, fireworks, etc. dependent on criteria such as environmental issues (weather conditions, dry fuel loads, and escalating fire conditions), topographical considerations (mountainous terrain, brush covered areas and wildland interface) and public safety concerns (people, structures and property). In addition, last year the City identified one location for residents who live in restricted areas to gather to celebrate with legal fireworks. Last year the location selected was Mesquite Park. Other cities also use open parks for this activity. It is recommended that Mesquite Park again be designated as the location to have residents gather to light fireworks if they are restricted at their homes.  This way, the fire department can monitor one location vs. the entire east bench.

The restrictions for this year will be that no aerials or open fires are allowed east of Canyon Road. There are no restrictions for the rest of the city at this point, but that is subject to change as recommendations come from the Lone Peak fire chief. Residents are encouraged to light fireworks at Mesquite Park. This was approved.

Discussion on golf course options
Council Member Rob Crawley has asked to include a discussion on the various golf course options that may be available to the City. Options range from keeping the status quo to exploring and comparing other “financial and social’ impacts that other options may offer. The goal of this discussion is to provide feedback and direction to Council Member Crawley as he begins an analysis. CM Crawley read a letter and I’ve included images of that letter here.


The areas I felt needed to be addressed include:
  • Including the Golf Course Advisory Committee in the analysis (Mayor Gygi first suggested this). I feel that whatever is decided will hold more weight if it is a group of residents doing the research as opposed to one person.
  • The bond covenants need to be fully understood. I've been told that changing the golf course to something else could make the bond callable. We need to understand the repercussions.
  • A portion of the golf course is in Highland and we cannot assume they will agree to any changes.
  • The cost for reconfiguring the golf course needs to be fully analyzed. While Rob's letter indicates it could be a substitute for the Deerfield land, the reality is that it is currently not usable as soccer fields or park space. Much would need to be reconfigured.
  • The cost for moving the PI ponds needs to be considered.
  • Legal counsel needs to be involved in reviewing the development agreements with the Cedars as I've been told the open space of the golf course was included as part of the allowance for housing.





Tuesday, May 5, 2015

City Council Meeting - May 5, 2015

Work Session

Discussion on fire concerns and fireworks. Last year for the east side of Canyon Road we prohibited aerials and open fires. The city encouraged those who wanted to light fireworks to do so at Mesquite Park as a fire truck would be there and available. We’ve already had a fire this week. Some teens started a bonfire in the foothills and it got out of control so the fire department was dispatched. Chief Freeman would like to prohibit open fires on the east side of Canyon Road, including the foothills. He is talking with the Forest Service on this as well. Feels we should currently have the same restrictions as we did last year with the knowledge that there may be additional restrictions later on based on weather conditions. Chief Freeman indicated that predictions are this summer will be as dry as it was in 2013, which is when Alpine dealt with the Quail Fire.

Discussion on American Fork Canyon Vision Project. This is a group of stakeholders to discuss recreation and transportation issues in American Fork Canyon. They have had one townhall meeting that was well attended. Additional studies are being done and is being funded by the state legislature as well as individuals/businesses in the private sector. Forest Service is very involved as they are concerned about the damage being caused in the canyon. There is approximately 1.5 million visits to the Canyon each year. They will continue to have townhall meetings and other public outreach to get feedback from interested citizens.

Council Meeting

Public Comment
Jerry Dearinger – Encourages the Council to reconsider the situation with Kim Holindrake, former city recorder. Doesn’t claim to be giving legal opinion, but has reviewed case law and her contract and it appears to him that she was railroaded and made part of a situation she didn’t create but has caused her damage, including loss of retirement opportunity. Would like city to reinstate her retirement or give her credit for years worked prior to retirement being put in place. He didn’t always agree with Kim but felt she was honest and knowledgeable.

Paul Sorensen – Ask Mayor & Council on behalf of Kim Holindrake to restore six years of retirement funding. Kim voluntarily resigned in May 2012 but he feels this was forced. Kim’s career was destroyed and compromised. Feels former Mayor Richardson and former city manager Konrad Hildebrandt should be questioned. Brought up Mr. Richardson’s personal legal issues. Feels she was placed under duress to sign separation agreement. Mr. Sorensen read parts of her separation agreement.

Curt Crosby – Mr. Crosby continued reading the letter started by Mr. Sorensen. Continued to read portions of Mrs. Holindrake’s separation agreement. Mr. Crosby says she was threatened with immediate firing so it was signed under duress. Feels this is a travesty forced onto an employee. Feels circumstances were questionable. Mr. Dearinger’s legal opinion is that the separation agreement is unenforceable. Brought up Mr. Richardson’s personal legal issues. Asks for restoration of six years of retirement and wants something in writing.

Sam Bushman – Mr. Bushman is a talk show host but says he doesn’t usually deal with city issues. Has seen Cedar Hills in the news on multiple occasions. News has not been favorable. Filed a GRAMA request and eventually had mediation meeting with the State Records Ombudsman and the city. He feels there was a debate amongst the mayor and city attorney and realized things aren’t as transparent as he’d like them to be. Wanted city business emails and compared it to Hillary Clinton email scandal. CM Crawley was the only council member willing to sign Mr. Bushman’s affidavit. Wants to discuss solutions to transparency in Cedar Hills.
**For further information on this issue, please see the GRAMA portion of the 2014 State of the City Newsletter or see my post titled GRAMA on my blog.

Ken Cromar – Feels Kim Holindrake was forced to sign a contract. Claims an illegal meeting took place before the Council meeting in May 2012. (Reality is that the Council met to celebrate my birthday with cake before the meeting). Asks why a mayor and city attorney would ask an employee to sign the separation agreement Kim signed. Says it says more about the former mayor and attorney. Would like mayor and Council to add to her retirement for the years she worked for the city prior to the retirement plan being implemented.

Michael Johnson – Received an email from Jeff Maag about gating off the road on Heiselt’s Hollow. Mr. Johnson has expressed concern about the speed of the cars coming down the hill. Felt the city should install a speed bump to solve this and water issues. Concrete barriers were installed but this was detrimental to fire trucks that needed access to the hillside when we had a fire in 2013. Feels there is no enforcement to the problems occurring in that area. He is against gating off that area. Would like the employees to talk to the residents who live in that area on solutions.

Consent Agenda
Minutes from the April 14, 2015 and April 21, 2015 City Council meetings were approved.

City Reports
CM Rees – A few members of the Planning Commission, City Council, and staff met with Blu Line to discuss the concerns the Planning Commission had with the renderings submitted at the last meeting. Everyone present gave feedback to Blu Line regarding the design and look of the building. The Planning Commission has agreed to hold a special meeting on May 12th to review updated plans. The Planning Commission changed their regularly scheduled meetings and these will now take place on the fourth Tuesday of every month.

The Daily Herald has been in contact with us on a few stories, one of those being water restrictions.

Family Festival committee is working hard. The magazine is with the printers and should go out next week. Banners are now up at the fire station and roundabout. More will go up as they receive approval. Tickets are now on sale and for the first time, can be purchased online. Sponsorship money has exceeded the targeted amount and plans for all events are scheduled.

The Arts Committee will meet again in May but things are going well. Auditions for the play HONK are complete and practices are being held. The summer concert series is being planned and the concert for Family Festival is booked, which consists of Peter Condor, Sabrina Haskett, and the Bayloaf 4. The Childrens Art Show is planned as part of the Family Festival.

Mayor Gygi – Meets with MAG this Thursday and will report back.

David Bunker – Community Center is getting very busy and scheduling more complex but they work through it. HONK practice is occurring in the basement, as well as karate and other recreation. Golf course is doing well. Tball and lacrosse registration is now open. Soccer programs are currently occurring.
CM Zappala – Worked with Chandler to put together a survey regarding the General Plan and will be sent to residents. Received a grant to continue developing a city tracker app.

CM Geddes – For UV Dispatch, 8 RFP’s were received for construction of new dispatch facility. Parks & Trails had a city day of service last week. One project was beautifying the entrance to Cedar Hills at the south on Canyon Road. Second project was beautifying the roundabout on Cedar Hills Drive. Third project was cleaning up trash among trail system. Several residents participated with all of these projects, guessing about 50. Advertising in wards may help get additional help in the future.

Review/Action on FY 2015 Budget Amendments
10-69-910       Additional transfer up to $250,000 (minimum of $100,000) to the Capital Projects fund for approved capital projects: Bayhill Park, and the golf maintenance shed.  Also, to maintain the unrestricted fund balance in the General fund below 25% of revenues, as required by law.
·         Staff is working on designs for golf maintenance shed and surveying land. This is a placeholder for next fiscal year. CM Crawley feels we should do an analysis on other options for the golf course prior to building this shed. CM Geddes indicated this analysis shouldn’t preclude moving forward on a shed that will be safe for staff. CM Zappala asked CM Crawley when he anticipates working on this analysis. CM Crawley stated he has started but will work on this more and needs some help in various areas. Doesn’t know how long it will take but wants to start the conversation. CM Augustus felt we’ve done this already with the Golf Course Financial Advisory Committee, which came back with a unanimous recommendation that we should continue with the golf course as there was no other viable option. CM Crawley feels that other options were not discussed in detail with the Golf Course Finance Committee. He feels other options haven’t been researched enough. CM Geddes welcomes the discussion but hates to bring up angst for a small portion of the population. CM Crawley feels it isn’t a small portion of the population that is concerned with golf course losses. He feels that we need to do a thorough analysis of other options. My thoughts are that this maintenance shed was discussed over a year ago and this analysis has been discussed for over a year. If it’s going to be done, it needs to be done within the next few months. We can’t continue to push this off for another year.
·         On Bayhill Park, the FY 2015 budget will be used to redesign the park according to recommendations made by the Parks & Trails Committee to increase size of play equipment, landscaping, and moving trail to aqueduct easement.

10-35-100            Increase by $5,000 Family Festival Income relating to donations. 

10-65-600            Increase Family Festival expenditures by $5,000 related to the dinner.

10-69-911            Transfer to Motor Pool Fund, reallocated to various motor pool charge accounts 10-40-275, 10-60-275, 10-61-275, and 10-65-275. These are just reclassifications.

20-80-911            Transfer to Motor Pool Fund, updated to motor pool charge account 20-80-275.

40-30-801            Additional transfer in from the General fund up to $250,000 for approved capital projects and to keep unrestricted fund balance in General fund less than 25% of revenues, as required by law.

40-30-500            Mass Transit Sales Tax Revenues levied by the city, but collected and 40-78-100 disbursed by the State of Utah for mass transit projects/operations, which amounted to less than $10 in the previous fiscal year. This is no longer collected by the city as the County instituted a county mass transit sales tax.

51-75-911            Transfer to Motor Pool Fund updated to 51-73-275 Motor Pool Charges (just a reclassification)

51-38-380            Sewer impact fees collected for Timpanogos Special Service District (TSSD), and 51-74-471 sewer impact fees distributed to TSSD.

This was approved.

Review/Action to Adopt Tentative Fiscal Year 2016 Budget
The City is also required to approve a tentative budget for 2015-2016 by the first Council Meeting in May based on Utah Code 10-6-135. The final budget will not be approved until June, so there is still time to review any questions or concerns. A few highlights:
·         Charl showed an analysis comparing 2006 to 2016. In 2016 the majority of our revenue (29%) came from licensing and permits. In 2016, the majority of our revenue comes from sales tax (31%). Property tax has stayed at about 20%.
·         Increase in Class C road funds as State Legislature passed an increase in gas tax. This starts January 2016 so the budgeted amount is for half of a year with an increase of $22,000.
·         Wage increases are an average of 3%. Health insurance benefits increasing 5.46% and dental insurance premium increasing 3.5%.
·         Golf operating revenues up $24,868 from prior year though end of March.
·         Legal expenses projected to increase by $20,000 from the FY 2015 budgeted amount.
·         Auditing services projected to decrease by $9000.
·         Election expenses increases to $15,000 as next year is an election year.
·         Public safety expenses increases as follows: Fire/EMS $1,735, Police $18,049, Dispatch $32,000.
·         Placeholder of $8000 for contributing to a mental health provider at Lone Peak High School (this will require many future discussion with the district and other cities and is just a placeholder).
·         Motor Pool charges of $50,907 are a change in how budgeted items are shown. In the past it was a transfer to the golf fund. This is for approved purchases of maintenance equipment.
·         Parks expenditures will now show a line for utilities. Projected amount is $12,500.
·         Increase in salaries and benefits for Community Services. We added a part-time custodian as it was cheaper than contracting out.
·         Recreation class expense decreasing by $15,000 as Tree Fitness isn’t currently offering classes at the facility.
·         Golf Course utilities increase of $31,000 to show water usage.
·         Water fees increasing $34,281 for residential and $37,750 for city departments, such as golf course and city parks. Increase is based on Bowen & Collins study done in 2012. Additionally, as part of this study and recommendation, sewer fees are increasing $54,065 and storm drain fees are increasing $16,928. These increases are to cover estimated operations, capital projects, and debt service for the water, sewer, storm drain, and PI systems.
·         TSSD is increasing $49,000 and this is a pass through cost.

CM Zappala indicated he’d like to see the golf subsidy go down each year. It did increase this upcoming year to account for new policy on accounting for utilities and for golf maintenance equipment approved for purchase.

This was approved.

Review/Action on Water Restrictions
In an effort to maintain the ability to consistently provide an adequate supply of secondary water during peak usage periods and during unexpected maintenance times, staff has made recommendations for long term system changes including a tiered billing schedule. However, at this time a City prescribed watering schedule is under consideration. Staff acknowledges that past prescribed water scheduling has resulted in spiked water usage that exceeded the system’s ability to provide the required supply. This resulted in low water pressures to many areas of the City. Unlike many jurisdictions with large water storage facilities that need extended time to refill, Cedar Hills has a few small reservoirs that during high usage can be rapidly drained. We have found that consistent nightly usage, spread out daily, allows us to maximize delivery of available water and provide the most consistent water pressure.

Staff recommends that if water schedules are used, the City should be divided into six watering zones; three zones on the upper system and three zones on the lower system. Each watering zone would be scheduled to water twice weekly, by address (odd/even), this will help maintain supply and pressure during usage. Sunday would be open for spot watering only (hose) city wide. Staff recommends that this schedule be followed from May 1st through September 30th and particularly through the critical months of June, July and August. To help avoid the past experience of water usage increase staff recommends that enforcement of the water schedule be consistent and aggressive. To provide enforcement it is anticipated that two part time employees will be needed; at a cost of approximately $22,736. This cost would be covered by the water fund. As this cost would likely be needed on an annual basis it is recommended that it be added to the Bowen Collins study. Fees collected for violations to the policy could provide revenue to partially offset costs. We also anticipate increased depreciation to City vehicles used during the enforcement period. Additional legal costs could be incurred during the enforcement process as well as the need for additional current staff time.

Water Conservation Committee and staff didn’t recommend restrictions as history has shown this has increased water usage. The recommendation from the committee was to implement a citizen education program. This was done last year and will continue this year. There has also been an increase in media coverage. Feels education program could be just as effective as water restrictions.

David stated that our water levels in our wells have dropped and that will get worse with population growth and as more cities rely on culinary water to supplement their PI needs.

Water restrictions will be put in place. We will go to an odd/even watering schedule with enforcement of first violation – warning, second violation - $50 fine, third violation - $200 fine. This was approved unanimously.

Tuesday, April 21, 2015

Council Meeting - April 21, 2015

Public Comment
Ken Cromar – Has great interest in legal services. Congratulates the Council on seeking new legal services. Has concerns with Stirba & Associates. They represented Eric Richardson and Konrad Hildebrandt in 2012 in a series of allegations made by Cedar Hills Citizens for Responsible Government. Mr. Cromar alleges that Peter Stirba did not properly file a conflict of interest and filed a complaint against Mr. Stirba. Feels city attorney has been working for a few people instead of the Council and citizens of the community.

City Reports
CM Rees – Planning Commission met last week. The Lakeview Trails Subdivision final plans were approved and will next go to Council. The Blu Line development was tabled as there were several concerns with the new renderings; however, the Planning Commission agreed to hold a special meeting to review updated plans.

Family Festival plans are going well and the details are going into the newsletter and on the city website. We are adding a teen night and a car show.

Cultural Arts Committee met to discuss plans for the summer. They would like the city to consider purchasing a stage for plays and other events, as well as for rental for weddings. Current bids for renting a stage range from $1201.73 to $2706.25. One bid has been received for the purchase of the stage for $4760.59 but are waiting on more. Natalie has indicated that they have had about 5 events where stages were brought in and another who has asked about a stage, so she feels we could recoup some money on renting it out.

David Bunker – TSSD met last week. They are looking at refinancing another set of bonds to reduce debt amount. Coed soccer team started last night. Tot soccer starting now. T-ball registration going on now. Junior Jazz recognized Cedar Hills for having the largest number of participants for a city of our size. Golf resident appreciation day occurred and seven residents participated. Our first play through the recreation department was successful. First IFA class was last week and another one is scheduled for next month.

CM Zappala – LPPSD board met. Discussed sustainability of the budget in the future. Budget was approved for the fire department and does not have an increase for this year. Lone Peak Police is discussing wearing body cameras.

Mayor Gygi – At MAG meeting they discussed new gas tax. Money will start being collected in January 2016. This will be about $150,000 each year in increased B&C road funds. County is discussing the local option and when it get it on the ballot.

CM Augustus – North Pointe met and approved a budget and the annual audit.

CM Geddes – Utah County Dispatch continuing with new building in Spanish Fork. Preliminary plan was approved and will go out to bid. Parks & Trails met and has scheduled Beautification Day for May 2nd. More info is available on the city website. Lunch will be provided to residents who participate.

CM Crawley – Received an email from an attorney he worked with last year who is interested in submitting an application if we don’t select an attorney tonight.

RFQ’s for Legal Services
Douglass Ahlstrom
Lives in Lehi. Has been the Draper city attorney, also worked as the Tooele city attorney. His entire career has been in municipal government. Has also worked with state and local officials. He is a one-man shop. He works out of his home with no other attorneys or paralegals. Would always advice based on state and city code. His goal is to keep city off the front page of the newspaper. Doesn’t know the city politics. He would guide us through trouble spots. He doesn’t have any other clients right now.

Highlights to questions asked:
·         No conflict of interest with Local Government Trust.
·         Has dealt with sovereign citizens. He says judges know who they are. Understands their tactics. Treats them as courteously as you can.
·         He served as the city attorney on his own for Draper, which is much larger than we are.
·         Considerable experience with GRAMA, has not appeared before State Records Committee. He feels cities lose most of the time when they appear before the Records Committee.
·         Approve developments that comply with the law. Feels many developers are right in their arguments.
·         He is looking for a job with benefits so if another city offers him a full-time job, he doesn’t know what he would do.
·         Feels he is offering a good price.

Stirba & Associates
Was city attorney for Gunnison for 10 years and also for Centerfield. Has dealt with many issues with regards to municipal issues. Has represented many cities on legal issues. Interacts with Council, Mayor, and staff. Has been asked many times to provide an opinion or legal counsel on specific issues that cities deal with. Has had experience with Cedar Hills in a Board of Adjustment hearing and when allegations were filed against former Mayor Richardson and former city manager Konrad Hildebrant.

Highlights to questions asked:
·         Addressed Mr. Cromar’s allegations. Has done work for Utah County for 25 years. There was no conflict of interest because there was nothing wrong in representing Mr. Richardson. The County Attorney was responsible for the investigation. Mr. Stirba contacted Mr. Buhman (county attorney) to let him know he had been hired, but there was nothing adverse between Mr. Richardson and the County as the County wasn’t the one filing complaints so there was no conflict of interest.
·         Does not represent the Utah Local Government Trust. He does have a couple of cases where a few cities he represents have coverage through the Trust.
·         Difficult to deal with sovereign citizens. Judges are somewhat reticent to preventing people from going to court. You have to go through the process. It’s difficult and wasteful. City attorney should work to avoid problems and there may be times you can communicate to avoid too much conflict.
·         Has not appeared before the State Records Committee. Responds to GRAMA requests quite often. Works with staff to identify what should and should not be provided on requests.
·         Without understanding what issues we are dealing with, it’s difficult to determine how many hours will be needed each month. Is willing to review fees after 6 months to a year to determine if it needs to be adjusted.
·         Currently not representing another city as city attorney.
·         City action is through the Council and sometimes through the executive officer of the city. Has no issue with council members going directly to him with questions, but ultimately the power resides with the collective body of the Council.

Smith Hartvigson
Won’t find another firm with the depth of expertise they have. They represent cities as general counsel, but also in land use, development, elections, water rights, eminent domain, planning, impact fees, etc. Work to keep clients out of trouble. Takes a team approach so that the best person is handling the issues in which they excel. Broad base of experience. Has litigation and transactional experience as well. Firm has been around since 2002.

Highlights to questions asked:
·         Represent about 5 cities as city attorney.
·         No conflict of interest with Local Government Trust but has dealt with them on behalf of their clients. Do not represent insurance companies.
·         Has dealt with sovereign citizens. You can’t talk them out of their conduct, just go to court and show the court what they are doing. Courts will handle those issues.
·         Has about 12 attorneys working for their firm. For communication we’d have a key contact, but behind the scenes each issue is assigned to those who have that area of expertise. Would need further information on issues we are dealing with before knowing who to assign.
·         Has dealt with GRAMA. Never appeared before the State Records Committee.
·         Has a good relationship with Eric Johnson. Eric does a lot of bond work and they’ve worked with him for their cities who are refinancing bonds. Feels the difference is that they take a team approach where Eric wanted to focus on his clients.
·         Does not have a relationship with anyone within the city.
·         Understand tight budgets and work with cities on those issues.
·         Estimating 15-20 hours per month, but needs to know our issues better.
·         Appearing before the State Records Committee would be viewed as administrative.
·         Has dealt with developers who sue if they don’t get approval. This law firm has a reputation of not being easily pushed around. Don’t govern themselves by fear of litigation.

Heideman & Associates
Local firm with members who live in Utah County.

Highlights for questions asked:
·         Don’t represent any cities. Have been involved in litigation involving cities as both plaintiff and defendant.
·         No conflict of interest with Local Government Trust, has sued them many times.
·         Has dealt with sovereign citizens. Be direct, honest, and blunt. Tend to be litigious and not very reasonable. They want to be heard but sometimes don’t want to listen.
·         Would like to be on the side of a city because of governmental immunity act.
·         Because we would be their only city client, we would be a focus.
·         Sue cities quite often.
·         No relationship with anyone within the city.
·         Has a flexible billing schedule. Don’t charge for quick phone calls.
·         Never appeared before State Records Committee. Has filed many requests for records.
·         Will dedicate as many hours as it takes each month, but anticipates about 25-32 hours per month for administrative matters.
·         Will work to compromise when client wants less hours than what is quoted for a project.

Callister, Nebeker & McCullough
Located in downtown Salt Lake. Has spent a considerable amount of time representing cities during his 20 year career. Worked in land use, development, GRAMA, municipal bonds, utilities, policies, etc. Has worked on many interlocal agreements and employee issues. Has formulated codes and ordinances for cities. Always remembers he is about the public’s business. Local government practice within the firm is substantial. Have experts in employee benefit matters. Expert litigation support is available.

Highlights to questions asked:
·         No conflict of interest with Local Governments Trust.
·         Never has dealt with a sovereign citizen.
·         Has appeared before the State Records Committee and has extensive experience with GRAMA.
·         City attorney for Cottonwood Heights for past 10 years and still acting in that capacity. Also served as city attorney for Holladay.
·         Anticipate 50-60 hours a month for administrative legal services.
·         Works with city recorder on GRAMA requests. Appearing before Records Committee would be viewed as administrative.

Kirton McConkie
Provide many key benefits including the fact that many members of the team live within 10 minutes of Cedar Hills. Has experience of three former in-house city attorneys. Sensitive to budget issues. Mr. Wright has served as a former council member in Cedar Hills. Has attorneys who have served as bond attorneys, worked with special service districts, defended local political subdivisions. Has no conflicts of interest with regards to our issues. Understand development issues and feels they can protect the interests of the city.

Highlights to questions asked:
·         Has functioned as a city attorney. Represent about a dozen cities on various matters.
·         Not aware of any conflicts of interest with regards to Local Governments Trust.
·         Has dealt with sovereign citizens and has defended a city against them. Have to be firm, blunt, and defend against them.
·         Lead attorney would be Mr. Shaw, Mr. Wright, and Mr. Bramhall.
·         Treats every client like they are the only client.
·         Willing to negotiate on fee structure. Doesn’t have to be retainer, can be hourly.
·         Defending GRAMA issues for 16 years. Has not appeared before the State Records Committee.
·         Approach is to negotiate and find compromise before litigation.

My two choices were Smith Hartvigson and Callister Nebeker. I liked Smith because they have an extensive background in municipal law and currently serve in the role as city attorney. I like Callister because they also had extensive municipal law experience but have also appeared before the State Records Committee and prevailed in the cases. Because we have been forced to appear before the State Records Committee multiple times and have prevailed, I wanted someone who could continue with those issues.

CM Zappala made a motion to award the legal services contract to Kirton McConkie. This was seconded by CM Augustus. Voted 3-2 in favor of Kirton McConkie with myself and CM Crawley voting nay. CM Crawley indicated he would have voted for them if Mr. Wright had agreed to not serve as legal representation as he would prefer to not have a Cedar Hills resident serving in that capacity; however, CM Zappala did not share that concern and did not make it part of the motion.

Review/Action to Amend the Current Fee Schedule
Recently the City of Cedar Hills authorized the Mayor to negotiate a professional services contract with Sunrise Engineering for building inspection and plan review services. The City has reviewed the New Construction Fee rates for residential plan review, Gas line, and General City Inspection Fee rates. These fees are not in line with the actual cost for the services provided or the proposed fee rates of the new contract.  Staff also recommends that a Temporary power and Permanent Electrical Connection inspection fee be added. The following modifications/changes are recommended to the City Fee Schedule:

Gas Line Inspection:           
Current - $35.00
Proposed - $53.00

Residential Plan Check:
Current - 53% of Building Permit Fee
Proposed - 65% of Building Permit Fee

General City Inspection Fee (1hour/minimum 1hour):
Current - $47.00
Proposed - $ 53.00

Temporary Power and Permanent Power Inspection / each:  
Current - $ 0.00
Proposed - $ 53.00

This was approved.

Review/Action on Municipal Wastewater Annual Report
The  Utah  State  Department  of  Environmental  Quality  requires  that  Cedar  Hills  submit  an  annual report for our “Municipal Wastewater Planning Program” collection system and financial evaluation. We have prepared the report for review. The State Water Quality Board requests the following action be completed by City Council: 1) City Council acknowledges that they have reviewed the 2014 report and  2)  If  applicable;  City  Council  has  taken  all  appropriate  actions  necessary  to  maintain  effluent requirements contained in the UPDES Permit. This was approved.

Review/Action on Lease Agreement with Vivint
See notes from the last meeting for more detail. Staff met with Vivint on concerns mentioned last time. Some of those items include:

·         Has limited space to 100 square feet on rooftop
·         Vivint agrees to get required permits
·         Changed term to being renewable every four years
·         Provided expectation of service for city buildings
·         Termination with cause added
·         Added agreement on coverage for damage
·         Access to the building after hours will be paid for by Vivint and will notify staff before accessing

This was approved.
Review/Action on Service Agreement with American Fork Police
The City of Cedar Hills currently has a Police Services Agreement with American Fork City. Police matters including animal control activities are provided within the framework of the contract.  American Fork Police Department has proposed that an updated Police Services Agreement be executed with changes as follows: 

1) Contract length will be 24 months with an automatic renewal unless written notice is given by either party no later than 180 days prior to renewal date. 
2)  An increase in contract rate shall include a 3.5% adjustment once per contract period.

The modification to the Police Services contract gives additional stability to the Police department through a multi-year contract. The contract also reduces the overall contract rate charged to Cedar
Hills by allowing for one increase of 3.5% during the contract period, rather than annually as is stipulated in the current contract. This was approved.

Discussion on Water Restrictions
Governor Herbert indicated he wouldn’t be surprised if cities implemented water restrictions because of low snow pack levels. We have done odd/even restrictions in the past but saw an increase in usage. Whatever is implemented has to be enforceable. Numerous ideas were discussed, whether it is odd/even or a two day per week schedule and how it would be enforced. This will be an ongoing discussion.