Public Comment
Scott Ceraso - Spoke regarding Canyon Road. Has been seeking additional support from residents and elected officials to get improvements for Canyon Road. Asked Mayor Gygi to clarify his position on Canyon Road. The difficulty Scott is having is that he hasn't had many meetings with the Mayor. He sat with him for an hour one morning where Scott did most of the talking. Feels Mayor didn't really get into the details on what is position is. Appealing to Mayor and Council to come together with residents to discuss the specifics, especially with regards to safety.
YCC Presentation
Four members of the YCC presented info on what they are working on this year. Would like permission to get a social media account to promote their activities. It will only be used for promotion, not a political forum. Their generation connects frequently through social media and other city YCC groups do have a social media platform. They are willing to work with the city and their adult advisors to regulate the accounts so it reflects positively on the city. Instagram is the one forum they want to use now, may use YouTube and Facebook later.
Mayor indicated staff has some concerns with this, so he encouraged the YCC to meet with staff to further discuss. Chandler said YCC addressed most of their concerns so he is on board, but would like to work with the YCC to setup policy and parameters.
Stephanie Martinez (advisor) spoke. On social media account, they were told no so decided to come to the Council. They created a list of checks and balances in order to address concerns that city staff had. Would also like to get a Venmo account for fundraisers. Chandler said the concern is that 1) it creates additional work for staff as the end user for financial accounting and bank reconciliation, and 2) the opportunity for fraud. It has to be linked to the city's checking account, which then provides access to city funds. He is looking into some other options that are already integrated with city systems.
Consent Agenda
Minutes from the August 29th Council meeting were approved.
City Reports
Chandler Goodwin - Rec programs are going well. Golf has been busy. Golf equipment is still in storage so a new type of aeration will be done this year. On October 16th we will celebrate our 40th anniversary.
CM Rees - The County is having a townhall meeting on October 11th at 6pm to discuss their plans for Canyon Road. The Cedar Ridge PTA is holding a meet the candidates night on October 12th at 7pm.
Mayor Gygi - LPPSD meets this week to discuss the audit.
CM Zappala - Parks & Trails Committee removed a tree in the roundabout that had died and planted a new one.
Review/Action on Adopting Water Conservation Plan
The Division of Water Resources requires a Water Conservation Plan be submitted to the department of Natural Resources every 5 years according to the Utah Water Conservation Plan Act (73-10-32, UCA). The water conservation plan including the appropriate updates is required to be approved by ordinance or resolution. It details some of the water conservation efforts the city leads, such as metering and billing of culinary water, resident education, and establishing outdoor watering restrictions. The entire report can be found on the city's website. The Council discussed some things the city could do to lead the way, such as budgeting to remove grass from park strips and replace with xeriscaping, having signs informing residents of city water reduction areas, and reporting water savings for city property based on meter reads. Council agreed that the city needs to be more proactive with water conservation on city property. Recommended that the Planning Commission begin looking at our code to determine areas where we need to update to encourage and allow water-wise landscaping. Staff will start this process and make recommendations to the PC.
Review/Action on Release of Durability for Bridgestone Subdivision Plat C
The following is provided by Bowen Collins & Associates as Cedar Hills Engineering. “Dear City Council: This Letter is in regard to the Bond for Bridgestone Plat C development currently held in the escrow account #015616519 at Zions Bank. Perry and Associates, Inc., the developer, has completed the subdivision work and the durability period, and is requesting release of the remaining durability retainer portion of the funds in escrow. The escrow account was created in 2012 with funds of $256,806.83 for Plat C. In 2015 an amount of $214,005.69 was released associated with the performance bond, and the remaining $42,801.14, plus any accrued interest, is currently held as a durability retainer. The completed development has now been inspected at the completion of the durability period by City Staff and found to meet City Standards. Based on these findings, it is our recommendation that all remaining bond funds, the durability retainer in the amount of #42,801.14 plus any and all accrued interest, be released to the developer.” This was approved.
Review/Action on Amendment to Ordinance Regarding Solicitation
Based on Council feedback from the August meeting, staff is proposing to amend the Cedar Hills Municipal Code as follows: 3-1D-9: NO SOLICITATION NOTICE: B. The display of such sign or placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to receive and/or does not invite solicitors, nor shall solicitors leave any advertisements, door hangers, material, or any form of literature at any residence displaying a “No Solicitation” sign. 3-1D-10: DUTIES OF SOLICITORS: D. It is a violation of this article for any person soliciting or advocating to knock on the door, ring the doorbell, leave any advertisements, door hangers, material, or literature at the residence, or in any other manner attempt to attract the attention of an occupant of a residence that bears a “No Solicitation” sign for the purpose of engaging in or attempting to engage in advocating, home solicitation sale, door to door soliciting, or soliciting.
This item was tabled as a quorum was not present.
Review/Action on Adoption of No-Fault Insurance Policy
Based on the recent pressurized irrigation line break that occurred in May that resulted in four homes being flooded, the City has worked with Olympus insurance to begin to establish a no-fault utility claims program. The program establishes criteria and owners responsibilities that must be met in order to receive assistance; additionally, the assistance from the city is limited as the policy establishes a maximum payout. There is a need for this type of policy to be established in Cedar Hills as we experience a utility line failure periodically. In the past the City Council has not had a policy to guide decision making, and as a result has looked to past actions to determine how to respond to various incidents. This program not only establishes a policy in the case of a utility failure event, but also provides informational brochures for the public on sewer backups, insurance, and prevention.
This item was tabled as a quorum was not present.
Tuesday, September 19, 2017
Tuesday, August 29, 2017
City Council Meeting - August 29, 2017
Work Session
A group has approached the city expressing a desire to build a storage complex at St. Andrews Estates, which is property owned by the city in the northeast corner of the city, right off Canyon Road. Originally they were interested in the commercial area, but this use is not an approved use for that area, so our realtor suggested St. Andrews Estates as a potential option. He feels this is a good use of that area and would be aesthetically pleasing.
Scott, the storage complex developer, presented their concept plan. Said if it is zoned commercial then the city can charge more for the property. One entrance allows the project to be visibly attractive and cuts down on traffic. Because it's commercial, the property tax revenue from this building would be more than residential. Having homes in the area increases risk for the city if homes are damaged by golf balls. The project assists with the retention of the hillside as some of the units are along the back and are known as storage condominiums as people can actually purchase the storage units instead of leasing them each month. Some of the units would be large enough for RV's.
This area is zoned residential and has been since the lots were created. Storage units, or any other commercial venture, cannot be built in this area unless a zoning change occurs. I am opposed to rezoning this area for commercial use.
Next discussion was whether or not we should change the name of Deerfield Park to Harvey Memorial Park. Originally we had offered this as part of the negotiation because the land price at open space rates was less than what they would get from a developer. They rejected that offer and the offer to have it named after them. The final offer we made and that was agreed to was for the city to purchase the land at developer rates. Now they are requesting that we change the name to Harvey Memorial Park. I requested that we send this back to the Parks and Trails Committee to discuss as that is a role they should have with their assignment. However, the rest of the Council felt it was fine to change the name as requested by the Harvey's.
Council Meeting
Public Comments
Nobody signed up.
Consent Agenda
The minutes from the July 18th and August 1st council meetings were approved. Charl Louw was appointed to the Parks and Trails Committee.
City Reports
Chandler Goodwin - Soccer and tot soccer started last week. Flag football registration has closed with 55 children signing up. Starting a new free program called "Mommy and Me Songmaker", which is for kids not yet in school. Karate is going well. We had about 500 people attend our city breakfast. Harvey land purchase has been finalized and recorded on Friday. Next month is the ULCT conference in Salt Lake City.
Mayor Gygi - LPPSD audit was completed. KSL will be reporting on it tonight. There were no financial misdeeds, but did provide some guidance on things that could be done better with regards to credit card use and a few other items. Staffing at LPPSD is low. They will rotate keeping Cedar Hills and Alpine open until staffing issues are resolved. Highland will remain open at all times. MAG is looking into whether or not Utah County can overrule an approval made by MAG and their TAC committee.
CM Geddes - LPPSD audit items were fairly standard and he doesn't see any issues.
CM Anderson - Planning Commission will be meeting later this week.
CM Bailey - Burn season is going to be the month of October. If a resident wants to burn, they need to apply for a free burn permit.
Discussion on Solicitation
Keith Irwin - He is retired and volunteers in various capacities, so he travels a lot. He has neighbors who also travel quite a bit. It's a concern when they come home and see several flyers left on their door as it sends a message that nobody is home for extended periods of time. The solicitation ordinance the city currently has is related to face-to-face interactions. He would like to see an update to the code that if there is a no soliciting sign on the door, flyers cannot be left.
Chandler did research on codes from other cities. Each city has their own rules on business licensing and soliciting. Our code is on par with other cities. His concerns are first, are we infringing on first amendment rights. Second, non-profits generally are allowed to leave notices on doors. He would recommend residents let neighbors know they will be gone and ask the to remove flyers. Enforcement only happens when someone notifies the city.
CM Bailey understands his concern. He has seen vacant homes with piles of flyers stacked up. His only concern is that those handing them out may not know they can't leave them on the door of a house. Asked if there could be a service offered by the city similar to the post office, where a resident asks the city to monitor their home and remove flyers when they are out of town. Chandler said that would be difficult to do as we don't have enough staff to handle that.
CM Andersen said she wants to allow church groups and neighborhood notices to still be allowed, even with the no soliciting sign.
My thought was to keep it limited to only homes with no-soliciting sign and for profit organizations. Non-profit groups such as scouting and neighborhood notices would be allowed. If a resident gets a flyer on their door and have the no-soliciting sign, they can notify the city and the city can follow-up with the business to make them aware of the rules with regards to flyers on homes with a no-soliciting sign.
David Shaw (city attorney) said this isn't a new issue. Can put up a sign saying "no commercial soliciting" to allow for church groups, eagle scouts, etc to still leave flyers. City can have an ordinance such as what is being proposed.
Discussion on Canyon Road
Peter Henderson - Representing himself and Scott Ceraso. With the Canyon Road plans going on, there has been a lot of discussing among residents. Scott's main objective is to get Mayor Gygi and all council members to provide a written statement on their views for the future of Canyon Road. Peter's perspective is that he moved where he is because he wanted a large piece of land that nobody was going to bother him about and that nobody would take. He doesn't care what happens with Canyon Road as long as his property isn't taken. He has fixed the safety issues that affect his land. It would be great if Canyon Road improvements were made but he also understands the cost and practicality of doing so.
Mayor Gygi said he has stated his position to Scott and has nothing new to add.
Chandler presented on the 60% plans. He's been asked if there is an equitable distribution of the MAG funds between Cedar Hills and Pleasant Grove. He feels it is not equitable. Intersection of 2600 North in PG is getting a significant reconfiguration, which includes curb and gutter along Canyon Road. The County has said they don't install curb and gutter on county roads, but yet they are in this section. South of that area, eminent domain is being used to widen the road, add shoulders, and add curb and gutter. At the area where it changes from PG to Cedar Hills, the type of road also changes. They are doing a full depth reconstruction on the PG side and just an overlay on the CH portion. That means in a few years we are going to have many of the same issues that we face now as it won't fix many of the issues. The intersection of 4000 N is also getting a reconfiguration (located in PG), which is getting a turning lane and curb and gutter. On 9220 N. in Cedar Hills the county is adding a catch basin manhole to address some of the drainage issues that exist there. There will also be some re-configuring of the intersection at SR-92. While there are some items that benefit Cedar Hills, most of the money is being spent south of the canal.
CM Zappala agrees and said this is what the residents who are meeting are concerned about. Many residents don't want the size of the road increased as it increases speed. Would rather like turn lanes, lower speed limits, and long term planning for things such as crosswalks, sidewalks so kids can walk safely on the road.
Chandler said a turning lane heading south and turning on Box Elder would be helpful as cars just stop there. Also, with a shoulder it gives more space for bicyclists.
Jeff (our public works director) said he met with the county last week. They are going to make some changes within the Cedar Hills section. The area between Bayhill and Morgan will be improved to address gutter issues. The widening of the road was based on feedback from bicyclists. It doesn't give them a bike lane but more space in the lanes. They are looking at cutting costs in some areas as they feel the current plans will exceed the funds available. He expects the 90% plans will see some cutbacks.
Discussion on Subsidizing the Bookmobile
Utah County has notified municipalities that they will no longer be funding the Bookmobile going forward. Should cities want to have the Bookmobile stop in their jurisdiction, they will need to pay a fee to the County based on the number and duration of stops desired. The following is from the County:
Total Bookmobile Checkouts: 5,277
Total Active Cardholders: 141
Cost to continue Bookmobile (two stops per month)
1.0 hours per stop = $2,808
1.5 hours per stop = $4,212
2.0 hours per stop = $5,616
2.5 hours per stop = $7,020
3.0 hours per stop = $8,424
Chandler looked at current library reimbursement program and we generally do about 300 reimbursements per year. Feels there are three options available. 1) Fund the bookmobile at some level; 2) Increase library reimbursement amounts instead of bookmobile, or 3) Do nothing. The decision was made to not continue with the bookmobile.
Discussion on Park Reservation Policies
I requested a discussion on City Park Reservation Policies, specifically a requirement to provide a $500 deposit for any event that involves large tents, vehicles, bounce houses, etc. The policy is put in place to collect for any damages that should occur as a result of the event. To date, staff is unaware of any instance where the deposit has been forfeited as a result of damage. Some suggestions from staff include 1) reduce the deposit amount, 2) allow using a credit card for the deposit, and 3) altering the agreement stating the city can seek damages, when necessary.
Direction to staff was to make it easier for residents to reserve the park. This could include reducing the deposit amount, not requiring a deposit to be made until 7 days before the event and then we just hold the check instead of cashing it, etc. This will come back for further discussion when staff has some ideas drafted.
A group has approached the city expressing a desire to build a storage complex at St. Andrews Estates, which is property owned by the city in the northeast corner of the city, right off Canyon Road. Originally they were interested in the commercial area, but this use is not an approved use for that area, so our realtor suggested St. Andrews Estates as a potential option. He feels this is a good use of that area and would be aesthetically pleasing.
Scott, the storage complex developer, presented their concept plan. Said if it is zoned commercial then the city can charge more for the property. One entrance allows the project to be visibly attractive and cuts down on traffic. Because it's commercial, the property tax revenue from this building would be more than residential. Having homes in the area increases risk for the city if homes are damaged by golf balls. The project assists with the retention of the hillside as some of the units are along the back and are known as storage condominiums as people can actually purchase the storage units instead of leasing them each month. Some of the units would be large enough for RV's.
This area is zoned residential and has been since the lots were created. Storage units, or any other commercial venture, cannot be built in this area unless a zoning change occurs. I am opposed to rezoning this area for commercial use.
Next discussion was whether or not we should change the name of Deerfield Park to Harvey Memorial Park. Originally we had offered this as part of the negotiation because the land price at open space rates was less than what they would get from a developer. They rejected that offer and the offer to have it named after them. The final offer we made and that was agreed to was for the city to purchase the land at developer rates. Now they are requesting that we change the name to Harvey Memorial Park. I requested that we send this back to the Parks and Trails Committee to discuss as that is a role they should have with their assignment. However, the rest of the Council felt it was fine to change the name as requested by the Harvey's.
Council Meeting
Public Comments
Nobody signed up.
Consent Agenda
The minutes from the July 18th and August 1st council meetings were approved. Charl Louw was appointed to the Parks and Trails Committee.
City Reports
Chandler Goodwin - Soccer and tot soccer started last week. Flag football registration has closed with 55 children signing up. Starting a new free program called "Mommy and Me Songmaker", which is for kids not yet in school. Karate is going well. We had about 500 people attend our city breakfast. Harvey land purchase has been finalized and recorded on Friday. Next month is the ULCT conference in Salt Lake City.
Mayor Gygi - LPPSD audit was completed. KSL will be reporting on it tonight. There were no financial misdeeds, but did provide some guidance on things that could be done better with regards to credit card use and a few other items. Staffing at LPPSD is low. They will rotate keeping Cedar Hills and Alpine open until staffing issues are resolved. Highland will remain open at all times. MAG is looking into whether or not Utah County can overrule an approval made by MAG and their TAC committee.
CM Geddes - LPPSD audit items were fairly standard and he doesn't see any issues.
CM Anderson - Planning Commission will be meeting later this week.
CM Bailey - Burn season is going to be the month of October. If a resident wants to burn, they need to apply for a free burn permit.
Discussion on Solicitation
Keith Irwin - He is retired and volunteers in various capacities, so he travels a lot. He has neighbors who also travel quite a bit. It's a concern when they come home and see several flyers left on their door as it sends a message that nobody is home for extended periods of time. The solicitation ordinance the city currently has is related to face-to-face interactions. He would like to see an update to the code that if there is a no soliciting sign on the door, flyers cannot be left.
Chandler did research on codes from other cities. Each city has their own rules on business licensing and soliciting. Our code is on par with other cities. His concerns are first, are we infringing on first amendment rights. Second, non-profits generally are allowed to leave notices on doors. He would recommend residents let neighbors know they will be gone and ask the to remove flyers. Enforcement only happens when someone notifies the city.
CM Bailey understands his concern. He has seen vacant homes with piles of flyers stacked up. His only concern is that those handing them out may not know they can't leave them on the door of a house. Asked if there could be a service offered by the city similar to the post office, where a resident asks the city to monitor their home and remove flyers when they are out of town. Chandler said that would be difficult to do as we don't have enough staff to handle that.
CM Andersen said she wants to allow church groups and neighborhood notices to still be allowed, even with the no soliciting sign.
My thought was to keep it limited to only homes with no-soliciting sign and for profit organizations. Non-profit groups such as scouting and neighborhood notices would be allowed. If a resident gets a flyer on their door and have the no-soliciting sign, they can notify the city and the city can follow-up with the business to make them aware of the rules with regards to flyers on homes with a no-soliciting sign.
David Shaw (city attorney) said this isn't a new issue. Can put up a sign saying "no commercial soliciting" to allow for church groups, eagle scouts, etc to still leave flyers. City can have an ordinance such as what is being proposed.
Discussion on Canyon Road
Peter Henderson - Representing himself and Scott Ceraso. With the Canyon Road plans going on, there has been a lot of discussing among residents. Scott's main objective is to get Mayor Gygi and all council members to provide a written statement on their views for the future of Canyon Road. Peter's perspective is that he moved where he is because he wanted a large piece of land that nobody was going to bother him about and that nobody would take. He doesn't care what happens with Canyon Road as long as his property isn't taken. He has fixed the safety issues that affect his land. It would be great if Canyon Road improvements were made but he also understands the cost and practicality of doing so.
Mayor Gygi said he has stated his position to Scott and has nothing new to add.
Chandler presented on the 60% plans. He's been asked if there is an equitable distribution of the MAG funds between Cedar Hills and Pleasant Grove. He feels it is not equitable. Intersection of 2600 North in PG is getting a significant reconfiguration, which includes curb and gutter along Canyon Road. The County has said they don't install curb and gutter on county roads, but yet they are in this section. South of that area, eminent domain is being used to widen the road, add shoulders, and add curb and gutter. At the area where it changes from PG to Cedar Hills, the type of road also changes. They are doing a full depth reconstruction on the PG side and just an overlay on the CH portion. That means in a few years we are going to have many of the same issues that we face now as it won't fix many of the issues. The intersection of 4000 N is also getting a reconfiguration (located in PG), which is getting a turning lane and curb and gutter. On 9220 N. in Cedar Hills the county is adding a catch basin manhole to address some of the drainage issues that exist there. There will also be some re-configuring of the intersection at SR-92. While there are some items that benefit Cedar Hills, most of the money is being spent south of the canal.
CM Zappala agrees and said this is what the residents who are meeting are concerned about. Many residents don't want the size of the road increased as it increases speed. Would rather like turn lanes, lower speed limits, and long term planning for things such as crosswalks, sidewalks so kids can walk safely on the road.
Chandler said a turning lane heading south and turning on Box Elder would be helpful as cars just stop there. Also, with a shoulder it gives more space for bicyclists.
Jeff (our public works director) said he met with the county last week. They are going to make some changes within the Cedar Hills section. The area between Bayhill and Morgan will be improved to address gutter issues. The widening of the road was based on feedback from bicyclists. It doesn't give them a bike lane but more space in the lanes. They are looking at cutting costs in some areas as they feel the current plans will exceed the funds available. He expects the 90% plans will see some cutbacks.
Discussion on Subsidizing the Bookmobile
Utah County has notified municipalities that they will no longer be funding the Bookmobile going forward. Should cities want to have the Bookmobile stop in their jurisdiction, they will need to pay a fee to the County based on the number and duration of stops desired. The following is from the County:
Total Bookmobile Checkouts: 5,277
Total Active Cardholders: 141
Cost to continue Bookmobile (two stops per month)
1.0 hours per stop = $2,808
1.5 hours per stop = $4,212
2.0 hours per stop = $5,616
2.5 hours per stop = $7,020
3.0 hours per stop = $8,424
Chandler looked at current library reimbursement program and we generally do about 300 reimbursements per year. Feels there are three options available. 1) Fund the bookmobile at some level; 2) Increase library reimbursement amounts instead of bookmobile, or 3) Do nothing. The decision was made to not continue with the bookmobile.
Discussion on Park Reservation Policies
I requested a discussion on City Park Reservation Policies, specifically a requirement to provide a $500 deposit for any event that involves large tents, vehicles, bounce houses, etc. The policy is put in place to collect for any damages that should occur as a result of the event. To date, staff is unaware of any instance where the deposit has been forfeited as a result of damage. Some suggestions from staff include 1) reduce the deposit amount, 2) allow using a credit card for the deposit, and 3) altering the agreement stating the city can seek damages, when necessary.
Direction to staff was to make it easier for residents to reserve the park. This could include reducing the deposit amount, not requiring a deposit to be made until 7 days before the event and then we just hold the check instead of cashing it, etc. This will come back for further discussion when staff has some ideas drafted.
Tuesday, August 1, 2017
Council Meeting - August 1, 2017
Public Comment
Jennifer Barney - She is one of the residents impacted by the Morgan Blvd PI break. Appreciates services provided to the city. This is a difficult position to be in. She's lost 1/3 of her home. Financially, she can't absorb that. She will have to take the loss in her property value. Doesn't care who is liable, just wants her home back. She's looking to the city to help with that. She has talked with an attorney and was told usually those who own the pipes take responsibility. She wants the city to be fiscally responsible, but not at her expense. Would like the Council to consider why we've chosen to serve. Is it to help people of the community? If so, she's asking for help to become whole. Would also like the Council to consider that the owners aren't asking for outrageous amounts. Aren't trying to come ahead, just want to be made whole. There is no loophole with her insurance to get this covered.
Review/Action on Resolution Recognizing Kylee Wunder as a Cedar Hills Champion
As part of the Cedar Hills Champions Program, the city would like to recognize Kylee Wunder. Thirteen year old Kylee has been a lifelong fan of soccer and has spent many years playing and enjoying the sport with her younger twin brothers, both of whom are autistic. Kylee saw the need for a soccer camp for autistic children in Utah County and reached out and gathered the support of Utah Valley University, several local businesses and volunteers to create and implement the Moving Mountains Soccer Camp for autistic children. Please see the press release on the city website for more info.
Recognition of Chief Brad Freeman
Consent Agenda
Minutes from the June 20th and June 28th meetings were approved.
City Reports
Chandler Goodwin - Flag football and tot soccer registration ends next week. Lego registration ends this week. Bayhill Park playground equipment has been delivered and installation has begun. Currently soliciting an "against" opinion for the PARC tax, as required by law.
Mayor Gygi - Next MAG meeting is Thursday.
Denise Andersen - Planning Commission met last week. Many residents showed up to give input on Oak Road parcel. PC tabled the action pending info from our attorney and so that the entire PC could participate in the discussion. Also discussed option of artificial turf for landscaping, which will continue to be a discussion item. Discussing ordinance for ground solar units.
Review/Action on on Coverage for Morgan Blvd PI Line Break
Staff reviewed the claims from the PI break with our insurance adjustor. Based on their recommendations, staff is proposing that the city cover the full cost of mitigation and partial cost of restoration. The mitigation claims total $27,555.80 and the restoration costs total $13,222.19. The funds would come from the Water & Sewer Fund. Staff indicated precedent isn't being set as each issue is being reviewed on a case by case level. They are working on an official policy for future issues, including a "good neighbor, no-fault" coverage self-funded by the city.
Mayor Gygi said the only way to approve something tonight is if all council members agree, as we only have 3 council members in attendance tonight. If it's not unanimous, it must be tabled. He feels morally the city should do something to help these residents. All residents should contact their homeowners insurance to find out what coverage they have as most don't have all the coverage they could have. One example is water that originates outside of the home, which is an additional rider that has to be purchased. Because we have maintained our pipes, our insurance won't cover these claims as they only cover in instances where the city is negligent. The city isn't legally obligated to help, but he feels we should. Agrees we should cover 100% of mitigation and 50% of restoration costs.
Staff is not making a recommendation on what percentage of restoration should be covered. In a past instance of sewer damage, 60% of restoration was covered.
CM Bailey recommended the city cover mitigation and restoration at 100%. Insurance is eager to take money but won't pay claims.
CM Andersen said she has a house that flooded with sewage and thankfully her insurance covered it. She's is sympathetic and persuaded to agree. I was persuaded as well.
Approved 3-0 to cover 100% of the mitigation and restoration costs, but not for replacement of personal property and misc costs, such as increased electricity
Discussion on Qualtrics
Staff has met with representatives from Qualtrics to discuss Cedar Hills using Qualtrics software to perform surveys. The agreement is based on the number of responses per year. The surveys could be used as a bench marking tool to help staff measure year-over-year changes to programming and city services. The agreement allows for up to 5,000 responses per year. These responses could be from a resident survey, recreation participant survey, event center rentals, or golf patron surveys. Qualtrics is known worldwide and has worked with many cities.
Chase Winder with Qualtrics presented. Surveys allow cities to receive feedback and take that info to make decisions. They are already working with several cities from throughout the State. Provo has been using for 8 years to get the pulse of their residents. Felt it allows residents who can't attend council meetings to still have a voice. Cities can do specific surveys, such as public works, parks planning, general services, etc.
Review/Action on Release of Performance Bond for Amsource Development
Amsource has requested the acceptance of the public improvements construction and the release of the construction/performance guarantee related to “Cedar Hills Retail”, except that portion to be held as the durability retainer. The requested release amount is $47,640.80. The durability retainer amount is $25,710.86. Staff has done the required inspections. This was approved.
Jennifer Barney - She is one of the residents impacted by the Morgan Blvd PI break. Appreciates services provided to the city. This is a difficult position to be in. She's lost 1/3 of her home. Financially, she can't absorb that. She will have to take the loss in her property value. Doesn't care who is liable, just wants her home back. She's looking to the city to help with that. She has talked with an attorney and was told usually those who own the pipes take responsibility. She wants the city to be fiscally responsible, but not at her expense. Would like the Council to consider why we've chosen to serve. Is it to help people of the community? If so, she's asking for help to become whole. Would also like the Council to consider that the owners aren't asking for outrageous amounts. Aren't trying to come ahead, just want to be made whole. There is no loophole with her insurance to get this covered.
Review/Action on Resolution Recognizing Kylee Wunder as a Cedar Hills Champion
As part of the Cedar Hills Champions Program, the city would like to recognize Kylee Wunder. Thirteen year old Kylee has been a lifelong fan of soccer and has spent many years playing and enjoying the sport with her younger twin brothers, both of whom are autistic. Kylee saw the need for a soccer camp for autistic children in Utah County and reached out and gathered the support of Utah Valley University, several local businesses and volunteers to create and implement the Moving Mountains Soccer Camp for autistic children. Please see the press release on the city website for more info.
Recognition of Chief Brad Freeman
Consent Agenda
Minutes from the June 20th and June 28th meetings were approved.
City Reports
Chandler Goodwin - Flag football and tot soccer registration ends next week. Lego registration ends this week. Bayhill Park playground equipment has been delivered and installation has begun. Currently soliciting an "against" opinion for the PARC tax, as required by law.
Mayor Gygi - Next MAG meeting is Thursday.
Denise Andersen - Planning Commission met last week. Many residents showed up to give input on Oak Road parcel. PC tabled the action pending info from our attorney and so that the entire PC could participate in the discussion. Also discussed option of artificial turf for landscaping, which will continue to be a discussion item. Discussing ordinance for ground solar units.
Review/Action on on Coverage for Morgan Blvd PI Line Break
Staff reviewed the claims from the PI break with our insurance adjustor. Based on their recommendations, staff is proposing that the city cover the full cost of mitigation and partial cost of restoration. The mitigation claims total $27,555.80 and the restoration costs total $13,222.19. The funds would come from the Water & Sewer Fund. Staff indicated precedent isn't being set as each issue is being reviewed on a case by case level. They are working on an official policy for future issues, including a "good neighbor, no-fault" coverage self-funded by the city.
Mayor Gygi said the only way to approve something tonight is if all council members agree, as we only have 3 council members in attendance tonight. If it's not unanimous, it must be tabled. He feels morally the city should do something to help these residents. All residents should contact their homeowners insurance to find out what coverage they have as most don't have all the coverage they could have. One example is water that originates outside of the home, which is an additional rider that has to be purchased. Because we have maintained our pipes, our insurance won't cover these claims as they only cover in instances where the city is negligent. The city isn't legally obligated to help, but he feels we should. Agrees we should cover 100% of mitigation and 50% of restoration costs.
Staff is not making a recommendation on what percentage of restoration should be covered. In a past instance of sewer damage, 60% of restoration was covered.
CM Bailey recommended the city cover mitigation and restoration at 100%. Insurance is eager to take money but won't pay claims.
CM Andersen said she has a house that flooded with sewage and thankfully her insurance covered it. She's is sympathetic and persuaded to agree. I was persuaded as well.
Approved 3-0 to cover 100% of the mitigation and restoration costs, but not for replacement of personal property and misc costs, such as increased electricity
Discussion on Qualtrics
Staff has met with representatives from Qualtrics to discuss Cedar Hills using Qualtrics software to perform surveys. The agreement is based on the number of responses per year. The surveys could be used as a bench marking tool to help staff measure year-over-year changes to programming and city services. The agreement allows for up to 5,000 responses per year. These responses could be from a resident survey, recreation participant survey, event center rentals, or golf patron surveys. Qualtrics is known worldwide and has worked with many cities.
Chase Winder with Qualtrics presented. Surveys allow cities to receive feedback and take that info to make decisions. They are already working with several cities from throughout the State. Provo has been using for 8 years to get the pulse of their residents. Felt it allows residents who can't attend council meetings to still have a voice. Cities can do specific surveys, such as public works, parks planning, general services, etc.
Review/Action on Release of Performance Bond for Amsource Development
Amsource has requested the acceptance of the public improvements construction and the release of the construction/performance guarantee related to “Cedar Hills Retail”, except that portion to be held as the durability retainer. The requested release amount is $47,640.80. The durability retainer amount is $25,710.86. Staff has done the required inspections. This was approved.
Tuesday, July 18, 2017
Council Meeting - July 18, 2017
Public Comments
Dave Free - Lives on Oak Road. There is a section where the sidewalk cannot be built due to retaining walls on Sandalwood. New house just built slopes down, and on bottom is weeds and dirt. Would like to see it leveled out with some nice rocks or something to make it look nicer. Has lived here for 20 years. Doesn't mind the native look, but dislikes the weeds. Also, kids have to cross the street because sidewalk is not completed on one side. Would like to see sidewalk installed or a speed bump so kids can cross safely.
Rhett Barney - Lives on Morgan. On May 8th there was the PI break on Morgan. Sent an email to the city with info on all the damages. City told them to call a disaster cleanup group, which they did. Because sewer was involved, have gone to HOA president and homeowners insurance and both denied claims stating city should be responsible. Would like to recoup the amount of loss.
City Reports
Chandler Goodwin - Several rec programs have just finished, but are starting several more. Open registration for lego camp, flag football, soccer, and musical theater. Held several golf clinics. Promoting reduced rates during hottest summer months and teaming up with Ernie's on some additional promotions. Bayhill Park equipment to be delivered on July 24th with installing complete by end of the month. Planning Commission will hear application to move a piece of land from the public facilities zone to the residential zone on Oak Road.
CM Zappala - Resident has reached out to him regarding controlled burn permits and the smoke this activity generates. Neighbor had a permit and the smoke was so bad she couldn't open her windows or be in yard. Does Council want to make legislation on open fires such as this during the summer months? CM Bailey said he would be supportive of banning those types of fires during certain times of the year. There are regulations with the permit stating the permit holder is supposed to control the smoke, etc. Another resident concern was regarding solar energy. A neighbor installed a ground-based solar system and if it's rotated, it overlooks neighbors yard. Feels it's an eyesore and worried about property values having this large structure. Would like the Planning Commission to consider change to ordinance to allow for rooftop solar but not ground solar.
Mayor Gygi - MAG meeting again n August. Will be discussing the County's relationship with cities. LPPSD is searching for new fire chief.
Discussion on Insurance Coverage for Utilities
Darrell and Brian Child, from Olympus Insurance presented to the Council an overview of the City’s insurance policy and coverage regarding the recent Morgan Blvd PI line break. Chandler Goodwin says staff reached out to each of the affected homes and requested info on amount of damage and restoration costs. Total cost being requested for all four homes is $50,258.99.
City's current insurance coverage includes city facilities, parks, streets, utilities, and planning & zoning. Liability insurance will respond to clams that are made alleging acts of negligence. Also has a duty to defend claims that are made against the city. Negligence is a failure in a prescribed duty, such as maintaining water and sewer lines, including failure to respond to a known problem or defect. A finding of no negligence is based on historic "sovereign immunity", which is designed to protect the common assets of a community. In Jenkins vs. Jordan Valley Water Conservancy District, a water line ruptured and Utah Supreme Court held that as Jordan Valley didn't have previous knowledge of problems, they could not legally be held liable.
Some communities have adopted "good neighbor no-fault policies" to assist those who don't have personal insurance coverage that cover accidental water discharge or back-up of sewers or drains. There is no legal requirement for a city to have this, but some do to help their residents. Most homeowners insurance coverage will cover accidental water discharge, but some have restrictions on this when it only occurs when it comes from the home. Most plans only offer sewer backup insurance as an add-on to basic plans. Recommends that if we come up with good neighbor policy, it include some educational materials to residents with info on homeowners coverage and add-on options.
I believe it is a good idea to research this further. I requested we review policies from other cities of our size to understand what is covered, how much, in what instances, etc. I like the idea of having some educational materials going out as well. Having a set policy provides direction when these instances occur in our city.
Any payment made to the residents on Morgan comes out of Water & Sewer Fund. In 2012 during a sewer backup on Manila Creek which resulted from vandalism to our sewer system, the city provided some coverage to each home, but did not cover costs in full.
Mayor Gygi said there is a precedent set, but city cannot have a policy of always covering these types of instances. In the emergency management townhall for next year the city will include info on insurance coverage. Would like Olympus to adjust these claims and try to find common ground and come to compromise.
CM Geddes said homeowners can get an add-on for fairly cheap for sewer backup. Asked about Manila Creek issue on how a determination was made and Chandler will do some research on that. Agrees with having Olympus adjust these claims.
CM Bailey said it's frustrating that we all have these insurance policies and would expect these things would be covered. No insurance wants to take responsibility. Insurance can get complicated and most expect that when something happens it will get taken care of.
I agreed with Olympus adjusting the claims. I would also like to understand how we came to the numbers we did with the Manila Creek incident, and would also like to see how other cities of our size have covered this and at how much.
CM Zappala - Also frustrated with insurance situation. Likes good neighbor policy and would like us to budget for these claims.
CM Andersen - Agrees with good neighbor policy and wants info on Manila Creek resolution.
Review/Action on Ordinance Regulating Fireworks
The City Council is granted the authority, by Utah State Code, to adopt ordinances that are “necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City.” Due to the dry environment that exists on the hillside, it is necessary to prohibit certain types of fireworks that pose a threat to residences in the area. The recommendation made is an ordinance that would amend Cedar Hills City Code 5-2-3 by prohibiting the discharge of aerial fireworks in any part of Cedar Hills east of Canyon Road where the threat of fire is greatest.
I recommended instead of an ordinance that just restricts the east side of Canyon Road, we instead have our ordinance reference the map we created at the last meeting, which shows other areas in the city where aerials and non-stationary fireworks are not allowed, such as native areas on Cottonwood Drive and Oak Drive. Instead of of having to change the ordinance on an annual basis based on weather conditions and areas of the city, we can instead reference the map and change the map as needed, based on weather conditions. It then becomes an administrative issue of updating the map instead of having to call special Council meetings. Also, changing the restrictions year after year becomes confusing and hard to follow for any of us. Having consistency makes the ordinance easier to follow. There is some argument that we shouldn't have many restrictions and instead encourage personal responsibility. Statistically, only 10% of costs associated with fire damage have been recouped at the state level, so those taking responsibility for fire damage is low. Also, we have restrictions in place with the intention to protect the property and safety of those in the community. We have rules regarding parking, landscaping, fencing, chickens, large and small animals, etc. These restrictions are put in place after many hours of discussion and research and aren't arbitrarily made. Restricting aerials in areas of our community where we know the fire danger is higher is the responsible course of action to take in protecting the safety of the residents. This was approved 4-1 with CM Zappala voting nay as he would have preferred to ban aerials throughout the city.
Review/Action on Adjusting Boundary Between PG and Cedar Hills
In accordance with Utah Code both municipalities involved in a boundary adjustment are required to pass a resolution indicating the intent to boundary adjust, hold a public hearing, pass an ordinance authorizing the boundary adjustment and submit the ordinances and supporting documentation simultaneously to the Lt. Governor’s Office within 30 days of enacting the ordinance. Cedar Hills adopted Resolution No. 01-17-2017D, indicating the intent to boundary adjust the Dennis and Karla Thayne property (4087 Canyon Road, Cedar Hills, Utah), held a public hearing, and adopted Ordinance No. 03-07-2017A authorizing said boundary adjustment. Pleasant Grove City adopted their ordinance on April 18, 2017 but submitted their documentation outside of the 30-day filing period. The Lt. Governor’s Office informed them that they are unable to process the boundary adjustment because of the missing the deadline. This now requires both municipalities to adopt another ordinance authorizing the boundary adjustment and get it submitted within the 30-day filing period. This was approved 4-1 with CM Bailey voting nay.
Review/Action on Placing PARC Tax Question on November Ballot
Per Utah State Code Title 59, Chapter 12, Part 14, a CARE or PARC tax may be reauthorized at the end of the eight-year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the next step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action on Adopting MAG Pre-Disaster Hazard Mitigation Plan
The Mountainland Association of Governments has updated their Pre-Disaster Hazard Mitigation Plan which is meant, “to fulfill federal, state, and local hazard mitigation planning responsibilities; to promote pre and post disaster mitigation measures, short/long range strategies that minimize suffering, loss of life, and damage to property resulting from hazardous or potentially hazardous conditions to which citizens and institutions within the state are exposed; and to eliminate or minimize conditions which would have an undesirable impact on our citizens, the economy, environment, and well-being of the state of Utah.” The plan being presented is an updated version of a previous plan that was adopted by Cedar Hills by Resolution 2-15-2005A. This was approved.
Discussion on Private Signs on Public Property
With Ernie’s Sports Deli taking over the grill space, discussions have been had about how to best advertise for whoever the tenant is. Currently, City Code regulates commercial signage in 10-5-26 (D). Staff is seeking City Council input to take to the Planning Commission in order to begin to possibly draft code. Additionally, any amendment would need to be reviewed by the city attorney for legal issues. According to our city attorney, allowing private signs on public property can become a first amendment issue. He will provide a legal analysis of this issue for further discussion.
Dave Free - Lives on Oak Road. There is a section where the sidewalk cannot be built due to retaining walls on Sandalwood. New house just built slopes down, and on bottom is weeds and dirt. Would like to see it leveled out with some nice rocks or something to make it look nicer. Has lived here for 20 years. Doesn't mind the native look, but dislikes the weeds. Also, kids have to cross the street because sidewalk is not completed on one side. Would like to see sidewalk installed or a speed bump so kids can cross safely.
Rhett Barney - Lives on Morgan. On May 8th there was the PI break on Morgan. Sent an email to the city with info on all the damages. City told them to call a disaster cleanup group, which they did. Because sewer was involved, have gone to HOA president and homeowners insurance and both denied claims stating city should be responsible. Would like to recoup the amount of loss.
City Reports
Chandler Goodwin - Several rec programs have just finished, but are starting several more. Open registration for lego camp, flag football, soccer, and musical theater. Held several golf clinics. Promoting reduced rates during hottest summer months and teaming up with Ernie's on some additional promotions. Bayhill Park equipment to be delivered on July 24th with installing complete by end of the month. Planning Commission will hear application to move a piece of land from the public facilities zone to the residential zone on Oak Road.
CM Zappala - Resident has reached out to him regarding controlled burn permits and the smoke this activity generates. Neighbor had a permit and the smoke was so bad she couldn't open her windows or be in yard. Does Council want to make legislation on open fires such as this during the summer months? CM Bailey said he would be supportive of banning those types of fires during certain times of the year. There are regulations with the permit stating the permit holder is supposed to control the smoke, etc. Another resident concern was regarding solar energy. A neighbor installed a ground-based solar system and if it's rotated, it overlooks neighbors yard. Feels it's an eyesore and worried about property values having this large structure. Would like the Planning Commission to consider change to ordinance to allow for rooftop solar but not ground solar.
Mayor Gygi - MAG meeting again n August. Will be discussing the County's relationship with cities. LPPSD is searching for new fire chief.
Discussion on Insurance Coverage for Utilities
Darrell and Brian Child, from Olympus Insurance presented to the Council an overview of the City’s insurance policy and coverage regarding the recent Morgan Blvd PI line break. Chandler Goodwin says staff reached out to each of the affected homes and requested info on amount of damage and restoration costs. Total cost being requested for all four homes is $50,258.99.
City's current insurance coverage includes city facilities, parks, streets, utilities, and planning & zoning. Liability insurance will respond to clams that are made alleging acts of negligence. Also has a duty to defend claims that are made against the city. Negligence is a failure in a prescribed duty, such as maintaining water and sewer lines, including failure to respond to a known problem or defect. A finding of no negligence is based on historic "sovereign immunity", which is designed to protect the common assets of a community. In Jenkins vs. Jordan Valley Water Conservancy District, a water line ruptured and Utah Supreme Court held that as Jordan Valley didn't have previous knowledge of problems, they could not legally be held liable.
Some communities have adopted "good neighbor no-fault policies" to assist those who don't have personal insurance coverage that cover accidental water discharge or back-up of sewers or drains. There is no legal requirement for a city to have this, but some do to help their residents. Most homeowners insurance coverage will cover accidental water discharge, but some have restrictions on this when it only occurs when it comes from the home. Most plans only offer sewer backup insurance as an add-on to basic plans. Recommends that if we come up with good neighbor policy, it include some educational materials to residents with info on homeowners coverage and add-on options.
I believe it is a good idea to research this further. I requested we review policies from other cities of our size to understand what is covered, how much, in what instances, etc. I like the idea of having some educational materials going out as well. Having a set policy provides direction when these instances occur in our city.
Any payment made to the residents on Morgan comes out of Water & Sewer Fund. In 2012 during a sewer backup on Manila Creek which resulted from vandalism to our sewer system, the city provided some coverage to each home, but did not cover costs in full.
Mayor Gygi said there is a precedent set, but city cannot have a policy of always covering these types of instances. In the emergency management townhall for next year the city will include info on insurance coverage. Would like Olympus to adjust these claims and try to find common ground and come to compromise.
CM Geddes said homeowners can get an add-on for fairly cheap for sewer backup. Asked about Manila Creek issue on how a determination was made and Chandler will do some research on that. Agrees with having Olympus adjust these claims.
CM Bailey said it's frustrating that we all have these insurance policies and would expect these things would be covered. No insurance wants to take responsibility. Insurance can get complicated and most expect that when something happens it will get taken care of.
I agreed with Olympus adjusting the claims. I would also like to understand how we came to the numbers we did with the Manila Creek incident, and would also like to see how other cities of our size have covered this and at how much.
CM Zappala - Also frustrated with insurance situation. Likes good neighbor policy and would like us to budget for these claims.
CM Andersen - Agrees with good neighbor policy and wants info on Manila Creek resolution.
Review/Action on Ordinance Regulating Fireworks
The City Council is granted the authority, by Utah State Code, to adopt ordinances that are “necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City.” Due to the dry environment that exists on the hillside, it is necessary to prohibit certain types of fireworks that pose a threat to residences in the area. The recommendation made is an ordinance that would amend Cedar Hills City Code 5-2-3 by prohibiting the discharge of aerial fireworks in any part of Cedar Hills east of Canyon Road where the threat of fire is greatest.
I recommended instead of an ordinance that just restricts the east side of Canyon Road, we instead have our ordinance reference the map we created at the last meeting, which shows other areas in the city where aerials and non-stationary fireworks are not allowed, such as native areas on Cottonwood Drive and Oak Drive. Instead of of having to change the ordinance on an annual basis based on weather conditions and areas of the city, we can instead reference the map and change the map as needed, based on weather conditions. It then becomes an administrative issue of updating the map instead of having to call special Council meetings. Also, changing the restrictions year after year becomes confusing and hard to follow for any of us. Having consistency makes the ordinance easier to follow. There is some argument that we shouldn't have many restrictions and instead encourage personal responsibility. Statistically, only 10% of costs associated with fire damage have been recouped at the state level, so those taking responsibility for fire damage is low. Also, we have restrictions in place with the intention to protect the property and safety of those in the community. We have rules regarding parking, landscaping, fencing, chickens, large and small animals, etc. These restrictions are put in place after many hours of discussion and research and aren't arbitrarily made. Restricting aerials in areas of our community where we know the fire danger is higher is the responsible course of action to take in protecting the safety of the residents. This was approved 4-1 with CM Zappala voting nay as he would have preferred to ban aerials throughout the city.
Review/Action on Adjusting Boundary Between PG and Cedar Hills
In accordance with Utah Code both municipalities involved in a boundary adjustment are required to pass a resolution indicating the intent to boundary adjust, hold a public hearing, pass an ordinance authorizing the boundary adjustment and submit the ordinances and supporting documentation simultaneously to the Lt. Governor’s Office within 30 days of enacting the ordinance. Cedar Hills adopted Resolution No. 01-17-2017D, indicating the intent to boundary adjust the Dennis and Karla Thayne property (4087 Canyon Road, Cedar Hills, Utah), held a public hearing, and adopted Ordinance No. 03-07-2017A authorizing said boundary adjustment. Pleasant Grove City adopted their ordinance on April 18, 2017 but submitted their documentation outside of the 30-day filing period. The Lt. Governor’s Office informed them that they are unable to process the boundary adjustment because of the missing the deadline. This now requires both municipalities to adopt another ordinance authorizing the boundary adjustment and get it submitted within the 30-day filing period. This was approved 4-1 with CM Bailey voting nay.
Review/Action on Placing PARC Tax Question on November Ballot
Per Utah State Code Title 59, Chapter 12, Part 14, a CARE or PARC tax may be reauthorized at the end of the eight-year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the next step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action on Adopting MAG Pre-Disaster Hazard Mitigation Plan
The Mountainland Association of Governments has updated their Pre-Disaster Hazard Mitigation Plan which is meant, “to fulfill federal, state, and local hazard mitigation planning responsibilities; to promote pre and post disaster mitigation measures, short/long range strategies that minimize suffering, loss of life, and damage to property resulting from hazardous or potentially hazardous conditions to which citizens and institutions within the state are exposed; and to eliminate or minimize conditions which would have an undesirable impact on our citizens, the economy, environment, and well-being of the state of Utah.” The plan being presented is an updated version of a previous plan that was adopted by Cedar Hills by Resolution 2-15-2005A. This was approved.
Discussion on Private Signs on Public Property
With Ernie’s Sports Deli taking over the grill space, discussions have been had about how to best advertise for whoever the tenant is. Currently, City Code regulates commercial signage in 10-5-26 (D). Staff is seeking City Council input to take to the Planning Commission in order to begin to possibly draft code. Additionally, any amendment would need to be reviewed by the city attorney for legal issues. According to our city attorney, allowing private signs on public property can become a first amendment issue. He will provide a legal analysis of this issue for further discussion.
Tuesday, June 20, 2017
Council Meeting - June 20, 2017
Public Comment
Michaeleen O'Keefe - Would like to add to xeriscaping code the option to add artificial turf. There is a process that allows blades to stay down and look like grass. It's better than rocks because kids can play on it. Works great for animals. Since it's not specifically in code, it needs to be added to be allowed. Would like approval as soon as possible as she's being fined each month for not having landscaping. City will suspend the monthly fine while the city discusses this as a policy for xeriscaping.
Consent Agenda
Minutes from the May 2nd and May 16th meetings were approved.
City Reports
Chandler Goodwin - Lacrosse starts tomorrow. Participation is slightly down. Golf and events are doing well. Events are booked for every weekend for some time. Golf is expected to exceed budgeted revenue projections. Steve Thomas withdrew his name for city council so we will not have a primary election. Bayhill Park equipment was approved. Golf Course building is nearing completion and should be done by end of the month. Cottonwood Well is still down without a diagnosis. Working on determining the issue. Heiselt's Park renovation will start early fall.
CM Zappala - Parks & Trails Committee met. Discussed park equipment for Bayhill Park. Charl did great job getting a discount on the bids and putting together a proposal based on feedback. Will have a medium-sized pavilion with a basketball court. Discussed budget for next fiscal year, looking at $8525. Will go towards adding to the roundabout, getting accent lights for the trees, and the community events. Working on yard of the month awards. Annual pancake breakfast will be August 19th.
Appointing a New City Council Member
The applications for those interested in the vacancy are available in the agenda packet for today's meeting. Ben Ellsworth had to leave at 8:15 so was unable to attend this portion. Bill Knowlton did not appear.
Introductions
Denise Anderson - Lived in Cedar Hills for 25 years. Chose it because of the peaceful environment and what the city would become. Is the precinct chair in her voting district. Doesn't want part of politics at state or county level, but interested in being involved in the city. Has served on the Beautification Committee in the past but would like to be more involved. Likes the direction the city is going and wants to be a part of it
Trent Augustus - Would like to continue his involvement with Cedar Hills. It's a short term, he has the experience and background, so won't need much time to get up to speed. Wants to help out for the short term opening. Has served on city council.
David Driggs - Lived in Cedar Hills for 16 years. Worked in healthcare IT for 20 years. Small business owner as well. Married and father of four. Started serving Cedar Hills in 2010 when he served on the Blue Ribbon Committee. In 2012 started serving on Planning Commission. Served on the Golf Course Finance Committee in 2015. Served on General Plan Committee. Wants to continue the path that has been established. Council has done a good job with improving transparency and financial stability of the city. Has experience with land use law. Wants to help small home-based businesses grow.
Maurice Navarro - Lived in Seattle and decided to move to Cedar Hills as he visited family here and loved it. Love the sense of community, the sense of family. Has three children and wanted an area where he felt comfortable letting his kids go out and play. Works in residential and commercial financing. Has worked with golf course developments in the past. Wants to serve the community that has been so welcoming.
What is the proper role of government for cities?
Denise - Protect citizens and provide a safe place to live. Citizens should have input into the government and to develop the neighborhoods for safety and infrastructure.
Trent - Provide for needs and services of the city, including water, sewer, utilities. Also feels recreation and community involvement that provide a well-rounded community and spirit, like Family Festival.
David - Similar to above. Provide for basic services like utilities, roads, safety. Also to provide quality of life, such as recreation.
Maurice - At the city level, that is where the closest relationship is to the people. Protect the rights and needs of the people. Utilities, safety. Should be a reflection of the community.
How many hours can you devote each week?
Denise - Work from home. Her time is very flexible and can devote as many hours as needed. Has one child left at home and feels she has the time to devote.
Trent - Has devoted 2-30 hours per week while he served on the Council. Will dedicate time needed.
David - Works from home and has flexibility. Will do whatever it takes to understand topics.
Maurice - Expected 20-30 per month. Can do whatever is needed.
Living in a small city, personal relationships develop. There are times when you have to go against what a neighbor wants. Can you make those tough decisions.
Denise - In business, she has had to evict people. It's not easy and is heart-wrenching. Can do the hard thing if it's the right thing to do. If it's necessary, it has to be done.
Trent - Elected officials signed up to make the hard decisions. There can be some tough decisions that require a lot of time. He once had to fire a friend, and that was difficult, but needed to be done.
David - His neighbor wanted to subdivide his property as he needs the money and wanted his help to make it work. David voted no while on Planning Commission based on the facts. It's not his job to interpret law based on what he wants, but on what is in code.
Maurice - Finds loans for financing. At times he's had to tell people why they can't get the financing they want. Has had to deal with upset customers. Has been serving as the HOA President for Bridgestone and deals with issues and complaints. Goal is to look out for whole community.
What are your views on the golf course?
Denise - Lived here throughout the controversy. She doesn't golf but understands the value to the city. There are things we may pay for that we don't use. It beautifies the city and has always supported it.
Trent - Has supported from day one. Happy to pay the cost. If residents wanted to get rid of it, he would support that. He purchases punch cards and loves playing at the course. Neighbors enjoy the scenery. It's a quality of life issue.
David - Used to golf but doesn't now. Serving on the golf course committee he knows it would be a bad decision to get rid of the course. There are legal issues, easements, etc that would be impacted. Feels we own it, we should continue paying for it, and do all we can to make it a success. Feels it's a popular course.
Maurice - Doesn't play as often as he'd like. Golf courses struggle financially. It's an asset to development. Most aren't successful in the beginning. When there is a focus on how to make it work, they become successful. Thinks ours is gorgeous and can be an asset. Community is divided, there should be a lot of discussion and thought put into making it successful. Other cities have recreation centers and facilities, but for us the golf course is that. Cedar Hills doesn't have much else.
There were concerns with a residential development proposed for our commercial zone. What is your hope for that area, and do you agree with the decision that was made by the Council? Project was approved with conditions, including reducing the proposed number of units. The owner is fighting those conditions. It will cost the city to maintain the original vote. Are you committed to maintaining that position even if it costs the city money?
Denise - Commercial zone is too small because we need sales tax base. Not thrilled with the idea of the 55+ complex. Would prefer small commercial business instead. High density units would be a strain on services. We need sales tax revenue. Ideal vision for that zone is more business. Feels we should continue with the conditions placed as we have to look at what is best for the city.
Trent - Believes the city has the right to set guidelines for businesses that come into the community. City shouldn't lower standards. We need to listen to citizens. If it costs money, feels the city should stand behind the decision that was made.
David - That land is owned by a private party. They brought a developer that wanted to build the residential facility. Spent a lot of time with the planning commission going over this. He was the only person who voted no as he felt they had not provided, in writing, that it would truly be a congregate care facility. Didn't want it to be an apartment complex. Permitted uses are listed and should work with property owners. On continuing to stick to the decision, hard to make that call without knowing how much money is being talked about.
Maurice - Would have liked to have seen more commercial in that area. One thing that drew him to the area was the quietness. Wants sense of community and there isn't much going on here, so has to go to other communities. Doesn't know the numbers on the impact and would like more information on the topic. Council answers to the residents. Doesn't know all the details but would support the Council's decision as much was considered.
What are your views on the Community Center?
Denise - It should be both. There is space to do all sorts of things. Residents will come if there are events happening. Has attended events and it's a great building. Has a potential. Long term there can be other things like potentially a pool. Turning this into what it should be is a long-term goal. Need to come up with a plan so residents want to be here.
Trent - Feels a good job is occurring with golf and recreation. Would like to see more recreation, but feels the wedding events and other things are recreational type activities. We don't have population base to support other activities. Cedar Hills is unique and we have to determine what best meets the needs for recreation and golf. We struggle with how to get more going on here. Doesn't have anything specific on what will bring more people in.
David - Is a dual purpose building. We want to grow commercial zone, but there is an untapped small business community in our city. Would like to create classes and workshops for small businesses on how to do things such as marketing. Would like to draw in adults, not just youth.
Maurice - Golf course is here and should be a little of both. Will come more often if Ernie's is here. Ongoing discussion is healthy. It takes time for golf to be successful. Has talked to people nearby who don't know this facility exists. Make it work and do whatever is necessary.
After this portion, two finalists are Denise and Trent.
There have been questions over what to do with St. Andrews Estates. What do you want to do with that space?
Trent - Would like to see it as open space. Our city is limited with space. Open space is a premium. Being able to make a million or so dollars isn't worth the cost of keeping the open space.
Denise - Agrees with Trent. It's awkwardly located and feels golf balls would be in yards. Would love to see it become a dog park and keep other green spaces for play. Likes to develop parks and keep spaces green. Wants to keep it green space.
Should we build a splash pad or pool?
Trent - We have a lot of pools around us. Doesn't think North Utah County needs another pool. We have a limited population base and pools are expensive. Doesn't see it working for our city. Thinks nearby competing pools would make it difficult. As it ages, the cost will become greater. Would like to see a splash pad or small water facility for kids. Maintenance and overhead are less and wouldn't burden the residents as much. Not opposed to putting splash pad in St. Andrews area if it would work financially. Would like it to be at the community center, but parking is an issue. Could be combined with the commercial district or at Deerfield Park.
Denise - Feels city would benefit from having a pool. One of the things the community center process said would happen is a pool and community was excited about that. Deerfield Park area would be a good location Would add value to the city and makes it attractive to people looking for where to live. Amenities improve property values.
There are times when elected officials disagree, sometimes strongly. At times it becomes public and ugly. How would you deal with conflict?
Trent - Has been there and dealt with it. Feels it is part of the job. Broader points of view should occur. Be professional, be effective, work to resolve differences. Open to conversations.
Denise - Doesn't like conflict but not afraid to fight for what she believes in. If it became public she would listen and explain her views. Shouldn't back down because of fear of criticism. Council should come to the table with opinions and work within that. It's good to have differing opinions and deal with it if it becomes public.
What are your goals and vision for Cedar Hills over the next five years?
Trent - More commercial development. More recreation programs for younger kids and get YCC involved.
Denise - Commercial is biggest hope for city. Loves the beautification of Cedar Hills, such as roundabout, and would like to see beautification continue. Wants to see the city become an attractive place to live. Wants residents to feel safe here and feel proud of Cedar Hills.
Closing Statements
Trent - Thanks Council and Mayor. It's a thankless job and appreciates the time and effort. Cedar Hills is a great place and wants to continue helping the city. Feels he can help out over next six months.
Denise - Thanked the Council and Mayor. Lived here since most population was off of Cedar Hills Drive. Has a vision and belief for Cedar Hills and wants to be a part of that. Wants an opportunity to bring her love for the city to the Council.
Vote:
Mike - For Trent as the others are running for office and Trent has experience.
Ben - Echoes what Mike said. Doesn't want to give perception that that he supports one of the candidates over the others as he thinks all are good. Votes for Trent.
Daniel - In the past there has been a desire to want someone who is committed to running in the future, and understands what Ben is saying. Likes what Denise has to say and likes idea of new perspective and feels it's healthy for Council. Votes for Denise.
Jenney - I'm not worried about perception of Council support as the Council has supported candidates in the past quite vocally. I vote for Denise.
Mayor breaks a tie. Mayor voted for Denise. Denise will complete Rob Crawley's term.
Review/Action on Assigning a Council Member to Planning Commission
With the resignation of Rob Crawley, a new member of the Council needs to be appointed to serve as the liaison. Denise Anderson was appointed.
Review/Action on Awarding a Contract for Community Center Concessions
Because the Council vote from June 8 failed to get three votes, it is necessary that we revisit the proposals for the grill space. One of the vendors, Falafel Tree, has withdrawn their application, citing a lack of interest. The two remaining vendors are Mama Lau's and Ernie's. Staff has discussed a number of issues that should be brought up in light of the discussion on June 8.
Ernie presented for Ernie's. They've been in business for 19 years and are located in Orem. Now have a food truck and a location at Sleepy Ridge Golf Course since February. Has increased business each month. They bring customers to the golf course. They deliver to residents around the golf course. You have to feed the golfers, but generally isn't enough to generate revenue year round. Work with other businesses to provide catered lunches. This helps then supplement revenue. They are open 7am-6pm 7 days a week. They currently don't have different hours for winter. They also do wedding catering and average about 2 per month. That has gone up since being in a golf course clubhouse. On questions 1-3 he answered yes. Their menu is different from standard golf food. On questions 5-6 he answered yes.
Staff is proposing to modify the concession agreement to require first and last month’s rent up front, as well as a cleaning deposit to be held by the City. Finally, based on past experience, staff is recommending that food trucks not be allowed to park overnight at the Community Center.
Mike feels like Ernie's makes more sense for a golf course.
Ben expressed thoughts that residents have said they want Ernie's. Customer support hasn't existed for the grill, but seems like there is support for Ernie's. Personally he'd like Mama Lau's, but from a representative perspective he feels that he needs to go with what the community wants.
In our last meeting, I voted for Mama Lau's. During their proposal, they provided a vision that I support for our Community Center, which is to have more than just a standard menu in order to engage the community. They discussed having an authentic Italian pizza night, a gnocchi night, etc. and as they are Cedar Hills residents, they have a strong desire to work on a community feel for the grill. I look back on the minutes and city newsletters from when the building was approved, and everything I can find shows the purpose of the facility was to provide recreation and community service, in addition to serving as a golf pro shop and reception center. The funds used to build the facility were impact fees collected for the purpose of building a recreation center, and legally could only be used for a recreation center. In the November 2010 city newsletter, the city mentions the facility will include a grill for "casual, family dining". Because recreation funds were used to build the Community Center, and because the stated intent when it was approved was to provide community services, I would love to see more community events occurring in the facility. Our golfers are an important part of the community, but so are our residents. We need to find more opportunities for our residents to be at the Community Center, and I feel this will also allow the grill to be successful as golf business alone isn't enough to keep vendors in business. We've had five vendors in 5 1/2 years and they all have failed to make ends meet. I believe we need to have more people with a reason to be at the Community Center to get more business to the grill. The owners of Mama Lau are Cedar Hills residents, and organize our weekly food truck rally. Combined with their vision for the facility, I believe they would have a good chance to succeed.
However, I recognize that when I sit at the Council table, my job is to represent the residents of Cedar Hills. The feedback we have received over the past couple of weeks is that members of the community are more supportive of Ernie's than Mama Lau's. Unless there is a very compelling reason to do so, such as keeping the city out of legal risk, I believe my job is to support the will of the residents. For that reason, I voted to approve Ernie's as the next vendor. I appreciate the work that the owners of Mama Lau's put forth in organizing the food truck rally, and I love their community vision. I wish them the best with their business. I appreciate Ernie's desire to make the grill successful and will do all in my power to help them be so.
Daniel echoed the thoughts expressed above.
Mike said he agrees with the need for more community events at this facility.
Chandler brought up the signage issue. Our sign ordinance is strict in that private signs are not allowed on public property. Our attorney will provide feedback on the legalities of changing our sign ordinance.
Ernie's was approved 4-0.
Review/Action Certifying the Tax Rate for FY2018
Statutes require that each year a certified property tax rate be calculated. The certified property tax rate is the rate which will provide the same amount of property tax revenue as was charged in the previous year excluding the revenue generated by new growth. Tax rates went down the last few years due to rising property values.
New property growth from new residential/commercial activity was calculated by Utah County as a $9,164 increase for the next fiscal year.
The County Auditor’s certified tax rate for 2017 is .002024 and the total levy amount is $1,014,588
The County Auditor’s certified tax rate for 2016 was .002186 and the total levy amount is $1,005,624
$10,000 decrease/increase to property taxes impacts the rate by 0.0002. Decreasing/increasing the property tax rate changes the city’s allocation of motor vehicle fees, which are based on each government entity’s property levy amount. Last year the city received $108,651 in motor vehicles, which amounts to approximately 10% of property taxes levied. Decreasing/increasing the overall
property tax rate to .002004 or $10,000 causes the motor vehicle fee revenue projections to decrease/increase by approximately $1,000.
This was approved 4-0.
Review/Action on Adopting the FY18 Budget
See my previous notes as we've been discussing the budget since February.
Budget Updates since March
Capital Projects Fund Update
Review/Action on Amending the Fee Schedule
Modifications are proposed to the City Fee Schedule in order to implement recommendations from the utility rate study as prepared by Bowen Collins & Associates and adopted by City Council. Those are as follows:
This was approved 4-0.
Review/Action on Participation in Lone Peak Public Safety Contract
The Lone Peak Public Safety Interlocal Agreement Section 8 requires that, “any city may terminate its participation in [LPPSD] as of July 1 of any year provided that notice of intent to withdraw has been given in writing to the other Cities at least 24 months prior to the time of withdrawal.” During the January 2017 City Council retreat, a council priority was laid out for staff to begin to work on the long-term public safety costs of both fire and police services. The current agreement with American Fork Police Department to provide police services to Cedar Hills is set to expire in two years. By giving Lone Peak notice of our intent to withdraw from the district, it allows Cedar Hills two year time period to explore public safety options for both fire and police in tandem, hopefully to gain some value by possibly combining those services with the same entity. Cedar Hills will consult with Lone Peak, American Fork, and other entities (such as Utah County and Pleasant Grove) for bids for both police and/or fire protection. The LPPSD Interlocal Agreement further states in Section 11, “If a City withdraws from the District and the District is not dissolved, any distribution of assets to the withdrawing City shall only be as negotiated with the remaining Cities. The Cities agree to negotiate in good faith in determining fair and reasonable terms and conditions for the distribution of District assets to the withdrawing City. If the Cities cannot agree on a negotiated distribution of assets to the withdrawing City, the Cities hereto agree to mediate the matter. If the dispute is not resolved in mediation, then the Cities may take the matter to court.” It is imperative to emphasize that the notice to withdraw is not due to the level of service provided by Lone Peak Fire. Cedar Hills recognizes Lone Peak for being an exemplary organization, run by the finest chiefs. This notice is in no way to be construed as a referendum on their service. Staff recommends we don't begin the negotiations with LPPSD in about eight months after we've had a chance to review the bids and determine whether it makes the most sense to stay with LPPSD or move to another option. This resolution isn't binding to leave, but giving notice that we are exploring other options. LPPSD does have liabilities that the city would be obligated to help cover.
CM Zappala said there is a flaw with the district as it isn't a taxing entity but instead bound to cities of the district. Elected officials that serve on the board are more concerned with city budgets than the district budget. The amount we currently pay in fire is roughly equal to 100% of the property tax we collect. He feels having LPPSD be its own taxing entity would function much better. Alpine and Highland have not bought into that idea.
Mayor Wimmer from Alpine spoke. LPPSD was originally between Alpine and Highland. The concept was to share cost of a chief and some other support functions to provide a better safety organization. This included EMS. They had long response times when using American Fork EMS services. It's been a benefit. He agrees on the concept of a taxing entity. Savings comes from overhead being shared. Would hate to see Cedar Hills leave, feels, it's a better organization as is.
Chief Freeman with LPPSD spoke. Has enjoyed serving Cedar Hills and would like to continue to do so. Said we are currently covered by three stations, where other nearby cities only have one. Will support us on whatever is decided. Many employees are worried about losing their jobs. They are having a hiring problem anyway as they are short staffed, as are other cities. If employees are worried about job security, they will leave and go to other cities. He is worried about that. Tries to be efficient with what is budgeted.
This was approved 3-0. Ben Bailey did not vote as he works for LPPSD.
Discussion on Canyon Road Sewer
Council directed staff to explore the possibility of completing the Canyon Road sewer project in tandem with Utah County’s Canyon Road reconstruction project. Originally, the proposal was to extend a sewer line from Box Elder Dr. north to Mountaintop Trails. This line would service approximately seven Cedar Hills residents and sixteen Pleasant Grove residents. After meeting with Pleasant Grove city officials, staff is recommending that the project be scaled back to focus only on the Cedar Hills residents. The original placeholder projected cost was to be $400,000, additionally a bid from the County for the design work of the original project came back at $21,000. With the scaled back plans, staff is expecting the total cost of the project to be nearly half of the original placeholder amount. Bowen, Collins and Associates have given Cedar Hills a bid to design and inspect the project from start to finish of $40,000. The homes along Canyon Road are on septic systems. The County will not approve new septic systems in the event that they fail if a homeowner is within 300 ft of a sewer line. As these homes have aged in this area, staff has noticed an increasing amount of septic system failures. The County is in the process of designing the fixes to Canyon Road. With the construction on Canyon Road, there will be a five year moratorium on cuts and projects on Canyon Road. If the City has not installed a sewer line by the completion of the project and a septic system fails, the City and Resident will be hard pressed to find options for providing sewer services. This project would not address the three Cedar Hills residents on Jens Monson, but there is not a moratorium on digging into Jens Monson. It would address the septic systems for our residents on Canyon Road. I don't see those PG residents wanting to boundary adjust over the next five years, so my preference would be to go with the lower cost option that provides sewer only for our residents.
Michaeleen O'Keefe - Would like to add to xeriscaping code the option to add artificial turf. There is a process that allows blades to stay down and look like grass. It's better than rocks because kids can play on it. Works great for animals. Since it's not specifically in code, it needs to be added to be allowed. Would like approval as soon as possible as she's being fined each month for not having landscaping. City will suspend the monthly fine while the city discusses this as a policy for xeriscaping.
Consent Agenda
Minutes from the May 2nd and May 16th meetings were approved.
City Reports
Chandler Goodwin - Lacrosse starts tomorrow. Participation is slightly down. Golf and events are doing well. Events are booked for every weekend for some time. Golf is expected to exceed budgeted revenue projections. Steve Thomas withdrew his name for city council so we will not have a primary election. Bayhill Park equipment was approved. Golf Course building is nearing completion and should be done by end of the month. Cottonwood Well is still down without a diagnosis. Working on determining the issue. Heiselt's Park renovation will start early fall.
CM Zappala - Parks & Trails Committee met. Discussed park equipment for Bayhill Park. Charl did great job getting a discount on the bids and putting together a proposal based on feedback. Will have a medium-sized pavilion with a basketball court. Discussed budget for next fiscal year, looking at $8525. Will go towards adding to the roundabout, getting accent lights for the trees, and the community events. Working on yard of the month awards. Annual pancake breakfast will be August 19th.
Appointing a New City Council Member
The applications for those interested in the vacancy are available in the agenda packet for today's meeting. Ben Ellsworth had to leave at 8:15 so was unable to attend this portion. Bill Knowlton did not appear.
Introductions
Denise Anderson - Lived in Cedar Hills for 25 years. Chose it because of the peaceful environment and what the city would become. Is the precinct chair in her voting district. Doesn't want part of politics at state or county level, but interested in being involved in the city. Has served on the Beautification Committee in the past but would like to be more involved. Likes the direction the city is going and wants to be a part of it
Trent Augustus - Would like to continue his involvement with Cedar Hills. It's a short term, he has the experience and background, so won't need much time to get up to speed. Wants to help out for the short term opening. Has served on city council.
David Driggs - Lived in Cedar Hills for 16 years. Worked in healthcare IT for 20 years. Small business owner as well. Married and father of four. Started serving Cedar Hills in 2010 when he served on the Blue Ribbon Committee. In 2012 started serving on Planning Commission. Served on the Golf Course Finance Committee in 2015. Served on General Plan Committee. Wants to continue the path that has been established. Council has done a good job with improving transparency and financial stability of the city. Has experience with land use law. Wants to help small home-based businesses grow.
Maurice Navarro - Lived in Seattle and decided to move to Cedar Hills as he visited family here and loved it. Love the sense of community, the sense of family. Has three children and wanted an area where he felt comfortable letting his kids go out and play. Works in residential and commercial financing. Has worked with golf course developments in the past. Wants to serve the community that has been so welcoming.
What is the proper role of government for cities?
Denise - Protect citizens and provide a safe place to live. Citizens should have input into the government and to develop the neighborhoods for safety and infrastructure.
Trent - Provide for needs and services of the city, including water, sewer, utilities. Also feels recreation and community involvement that provide a well-rounded community and spirit, like Family Festival.
David - Similar to above. Provide for basic services like utilities, roads, safety. Also to provide quality of life, such as recreation.
Maurice - At the city level, that is where the closest relationship is to the people. Protect the rights and needs of the people. Utilities, safety. Should be a reflection of the community.
How many hours can you devote each week?
Denise - Work from home. Her time is very flexible and can devote as many hours as needed. Has one child left at home and feels she has the time to devote.
Trent - Has devoted 2-30 hours per week while he served on the Council. Will dedicate time needed.
David - Works from home and has flexibility. Will do whatever it takes to understand topics.
Maurice - Expected 20-30 per month. Can do whatever is needed.
Living in a small city, personal relationships develop. There are times when you have to go against what a neighbor wants. Can you make those tough decisions.
Denise - In business, she has had to evict people. It's not easy and is heart-wrenching. Can do the hard thing if it's the right thing to do. If it's necessary, it has to be done.
Trent - Elected officials signed up to make the hard decisions. There can be some tough decisions that require a lot of time. He once had to fire a friend, and that was difficult, but needed to be done.
David - His neighbor wanted to subdivide his property as he needs the money and wanted his help to make it work. David voted no while on Planning Commission based on the facts. It's not his job to interpret law based on what he wants, but on what is in code.
Maurice - Finds loans for financing. At times he's had to tell people why they can't get the financing they want. Has had to deal with upset customers. Has been serving as the HOA President for Bridgestone and deals with issues and complaints. Goal is to look out for whole community.
What are your views on the golf course?
Denise - Lived here throughout the controversy. She doesn't golf but understands the value to the city. There are things we may pay for that we don't use. It beautifies the city and has always supported it.
Trent - Has supported from day one. Happy to pay the cost. If residents wanted to get rid of it, he would support that. He purchases punch cards and loves playing at the course. Neighbors enjoy the scenery. It's a quality of life issue.
David - Used to golf but doesn't now. Serving on the golf course committee he knows it would be a bad decision to get rid of the course. There are legal issues, easements, etc that would be impacted. Feels we own it, we should continue paying for it, and do all we can to make it a success. Feels it's a popular course.
Maurice - Doesn't play as often as he'd like. Golf courses struggle financially. It's an asset to development. Most aren't successful in the beginning. When there is a focus on how to make it work, they become successful. Thinks ours is gorgeous and can be an asset. Community is divided, there should be a lot of discussion and thought put into making it successful. Other cities have recreation centers and facilities, but for us the golf course is that. Cedar Hills doesn't have much else.
There were concerns with a residential development proposed for our commercial zone. What is your hope for that area, and do you agree with the decision that was made by the Council? Project was approved with conditions, including reducing the proposed number of units. The owner is fighting those conditions. It will cost the city to maintain the original vote. Are you committed to maintaining that position even if it costs the city money?
Denise - Commercial zone is too small because we need sales tax base. Not thrilled with the idea of the 55+ complex. Would prefer small commercial business instead. High density units would be a strain on services. We need sales tax revenue. Ideal vision for that zone is more business. Feels we should continue with the conditions placed as we have to look at what is best for the city.
Trent - Believes the city has the right to set guidelines for businesses that come into the community. City shouldn't lower standards. We need to listen to citizens. If it costs money, feels the city should stand behind the decision that was made.
David - That land is owned by a private party. They brought a developer that wanted to build the residential facility. Spent a lot of time with the planning commission going over this. He was the only person who voted no as he felt they had not provided, in writing, that it would truly be a congregate care facility. Didn't want it to be an apartment complex. Permitted uses are listed and should work with property owners. On continuing to stick to the decision, hard to make that call without knowing how much money is being talked about.
Maurice - Would have liked to have seen more commercial in that area. One thing that drew him to the area was the quietness. Wants sense of community and there isn't much going on here, so has to go to other communities. Doesn't know the numbers on the impact and would like more information on the topic. Council answers to the residents. Doesn't know all the details but would support the Council's decision as much was considered.
What are your views on the Community Center?
Denise - It should be both. There is space to do all sorts of things. Residents will come if there are events happening. Has attended events and it's a great building. Has a potential. Long term there can be other things like potentially a pool. Turning this into what it should be is a long-term goal. Need to come up with a plan so residents want to be here.
Trent - Feels a good job is occurring with golf and recreation. Would like to see more recreation, but feels the wedding events and other things are recreational type activities. We don't have population base to support other activities. Cedar Hills is unique and we have to determine what best meets the needs for recreation and golf. We struggle with how to get more going on here. Doesn't have anything specific on what will bring more people in.
David - Is a dual purpose building. We want to grow commercial zone, but there is an untapped small business community in our city. Would like to create classes and workshops for small businesses on how to do things such as marketing. Would like to draw in adults, not just youth.
Maurice - Golf course is here and should be a little of both. Will come more often if Ernie's is here. Ongoing discussion is healthy. It takes time for golf to be successful. Has talked to people nearby who don't know this facility exists. Make it work and do whatever is necessary.
After this portion, two finalists are Denise and Trent.
There have been questions over what to do with St. Andrews Estates. What do you want to do with that space?
Trent - Would like to see it as open space. Our city is limited with space. Open space is a premium. Being able to make a million or so dollars isn't worth the cost of keeping the open space.
Denise - Agrees with Trent. It's awkwardly located and feels golf balls would be in yards. Would love to see it become a dog park and keep other green spaces for play. Likes to develop parks and keep spaces green. Wants to keep it green space.
Should we build a splash pad or pool?
Trent - We have a lot of pools around us. Doesn't think North Utah County needs another pool. We have a limited population base and pools are expensive. Doesn't see it working for our city. Thinks nearby competing pools would make it difficult. As it ages, the cost will become greater. Would like to see a splash pad or small water facility for kids. Maintenance and overhead are less and wouldn't burden the residents as much. Not opposed to putting splash pad in St. Andrews area if it would work financially. Would like it to be at the community center, but parking is an issue. Could be combined with the commercial district or at Deerfield Park.
Denise - Feels city would benefit from having a pool. One of the things the community center process said would happen is a pool and community was excited about that. Deerfield Park area would be a good location Would add value to the city and makes it attractive to people looking for where to live. Amenities improve property values.
There are times when elected officials disagree, sometimes strongly. At times it becomes public and ugly. How would you deal with conflict?
Trent - Has been there and dealt with it. Feels it is part of the job. Broader points of view should occur. Be professional, be effective, work to resolve differences. Open to conversations.
Denise - Doesn't like conflict but not afraid to fight for what she believes in. If it became public she would listen and explain her views. Shouldn't back down because of fear of criticism. Council should come to the table with opinions and work within that. It's good to have differing opinions and deal with it if it becomes public.
What are your goals and vision for Cedar Hills over the next five years?
Trent - More commercial development. More recreation programs for younger kids and get YCC involved.
Denise - Commercial is biggest hope for city. Loves the beautification of Cedar Hills, such as roundabout, and would like to see beautification continue. Wants to see the city become an attractive place to live. Wants residents to feel safe here and feel proud of Cedar Hills.
Closing Statements
Trent - Thanks Council and Mayor. It's a thankless job and appreciates the time and effort. Cedar Hills is a great place and wants to continue helping the city. Feels he can help out over next six months.
Denise - Thanked the Council and Mayor. Lived here since most population was off of Cedar Hills Drive. Has a vision and belief for Cedar Hills and wants to be a part of that. Wants an opportunity to bring her love for the city to the Council.
Vote:
Mike - For Trent as the others are running for office and Trent has experience.
Ben - Echoes what Mike said. Doesn't want to give perception that that he supports one of the candidates over the others as he thinks all are good. Votes for Trent.
Daniel - In the past there has been a desire to want someone who is committed to running in the future, and understands what Ben is saying. Likes what Denise has to say and likes idea of new perspective and feels it's healthy for Council. Votes for Denise.
Jenney - I'm not worried about perception of Council support as the Council has supported candidates in the past quite vocally. I vote for Denise.
Mayor breaks a tie. Mayor voted for Denise. Denise will complete Rob Crawley's term.
Review/Action on Assigning a Council Member to Planning Commission
With the resignation of Rob Crawley, a new member of the Council needs to be appointed to serve as the liaison. Denise Anderson was appointed.
Review/Action on Awarding a Contract for Community Center Concessions
Because the Council vote from June 8 failed to get three votes, it is necessary that we revisit the proposals for the grill space. One of the vendors, Falafel Tree, has withdrawn their application, citing a lack of interest. The two remaining vendors are Mama Lau's and Ernie's. Staff has discussed a number of issues that should be brought up in light of the discussion on June 8.
- 1-Does the vendor intend to be open on Sundays?
- 2-Will the vendor provide concessions on the course?
- 3-Will the vendor provide breakfast services on weekends?
- 4-What the vendor hours of operation be during golf, and after golf season?
- 5-Will the vendor provide quick food options?
- 6-Will food options cater to golfers, wedding events, and residents?
Ernie presented for Ernie's. They've been in business for 19 years and are located in Orem. Now have a food truck and a location at Sleepy Ridge Golf Course since February. Has increased business each month. They bring customers to the golf course. They deliver to residents around the golf course. You have to feed the golfers, but generally isn't enough to generate revenue year round. Work with other businesses to provide catered lunches. This helps then supplement revenue. They are open 7am-6pm 7 days a week. They currently don't have different hours for winter. They also do wedding catering and average about 2 per month. That has gone up since being in a golf course clubhouse. On questions 1-3 he answered yes. Their menu is different from standard golf food. On questions 5-6 he answered yes.
Staff is proposing to modify the concession agreement to require first and last month’s rent up front, as well as a cleaning deposit to be held by the City. Finally, based on past experience, staff is recommending that food trucks not be allowed to park overnight at the Community Center.
Mike feels like Ernie's makes more sense for a golf course.
Ben expressed thoughts that residents have said they want Ernie's. Customer support hasn't existed for the grill, but seems like there is support for Ernie's. Personally he'd like Mama Lau's, but from a representative perspective he feels that he needs to go with what the community wants.
In our last meeting, I voted for Mama Lau's. During their proposal, they provided a vision that I support for our Community Center, which is to have more than just a standard menu in order to engage the community. They discussed having an authentic Italian pizza night, a gnocchi night, etc. and as they are Cedar Hills residents, they have a strong desire to work on a community feel for the grill. I look back on the minutes and city newsletters from when the building was approved, and everything I can find shows the purpose of the facility was to provide recreation and community service, in addition to serving as a golf pro shop and reception center. The funds used to build the facility were impact fees collected for the purpose of building a recreation center, and legally could only be used for a recreation center. In the November 2010 city newsletter, the city mentions the facility will include a grill for "casual, family dining". Because recreation funds were used to build the Community Center, and because the stated intent when it was approved was to provide community services, I would love to see more community events occurring in the facility. Our golfers are an important part of the community, but so are our residents. We need to find more opportunities for our residents to be at the Community Center, and I feel this will also allow the grill to be successful as golf business alone isn't enough to keep vendors in business. We've had five vendors in 5 1/2 years and they all have failed to make ends meet. I believe we need to have more people with a reason to be at the Community Center to get more business to the grill. The owners of Mama Lau are Cedar Hills residents, and organize our weekly food truck rally. Combined with their vision for the facility, I believe they would have a good chance to succeed.
However, I recognize that when I sit at the Council table, my job is to represent the residents of Cedar Hills. The feedback we have received over the past couple of weeks is that members of the community are more supportive of Ernie's than Mama Lau's. Unless there is a very compelling reason to do so, such as keeping the city out of legal risk, I believe my job is to support the will of the residents. For that reason, I voted to approve Ernie's as the next vendor. I appreciate the work that the owners of Mama Lau's put forth in organizing the food truck rally, and I love their community vision. I wish them the best with their business. I appreciate Ernie's desire to make the grill successful and will do all in my power to help them be so.
Daniel echoed the thoughts expressed above.
Mike said he agrees with the need for more community events at this facility.
Chandler brought up the signage issue. Our sign ordinance is strict in that private signs are not allowed on public property. Our attorney will provide feedback on the legalities of changing our sign ordinance.
Ernie's was approved 4-0.
Review/Action Certifying the Tax Rate for FY2018
Statutes require that each year a certified property tax rate be calculated. The certified property tax rate is the rate which will provide the same amount of property tax revenue as was charged in the previous year excluding the revenue generated by new growth. Tax rates went down the last few years due to rising property values.
New property growth from new residential/commercial activity was calculated by Utah County as a $9,164 increase for the next fiscal year.
The County Auditor’s certified tax rate for 2017 is .002024 and the total levy amount is $1,014,588
- General Operations: .001406 ($704,818)
- Interest and Sinking Fund/Bond: .000618 ($309,970)
The County Auditor’s certified tax rate for 2016 was .002186 and the total levy amount is $1,005,624
- General Operations: .001512 ($695,654)
- Interest and Sinking Fund/Bond: .000674 ($309,970)
- General Operations: .001594 ($685,065)
- Interest and Sinking Fund/Bond: .000721 ($309,970)
$10,000 decrease/increase to property taxes impacts the rate by 0.0002. Decreasing/increasing the property tax rate changes the city’s allocation of motor vehicle fees, which are based on each government entity’s property levy amount. Last year the city received $108,651 in motor vehicles, which amounts to approximately 10% of property taxes levied. Decreasing/increasing the overall
property tax rate to .002004 or $10,000 causes the motor vehicle fee revenue projections to decrease/increase by approximately $1,000.
This was approved 4-0.
Review/Action on Adopting the FY18 Budget
See my previous notes as we've been discussing the budget since February.
Budget Updates since March
- 10-31-100 Certified property tax rate amount $4,818 higher due to new residential/nonresidential growth.
- Updated responsibilities based on City Manager hire
- 10-44-110 Salary & Wages (FT) increase $1,309 agreed upon during city manager hire
- XX-XX-150 Employee Benefits payroll taxes, pension, and health premiums vary based on wage and status changes
- 10-55-300 Fire Services $26,600 decrease in contract
- 10-60-110, 10-61-110 Public works & Building $2,176 adjustment higher based on some duties previously performed by engineer
- 10-65-120 Salary & Wages (PT) $2,000 increase from recreation growth
- 10-69-910 Transfer to Capital Projects Fund $22,000 increase
General Fund Highlights
- Adding passport service is the main source of revenue growth
- Litigation type of legal services are likely to increase
- Park maintenance contract will expire in December
- Assistant City Manager position absorbed into admin and finance functions
- Engineering responsibilities absorbed by Bowen Collins & Associates and public works
- Land Sale $2,200,000
- Deerfield Park land purchase $2,200,000
- Deerfield Park development $650,000
- Harvey Blvd widening $600,000
- Bayhill Park retainage for site work contract, equipment, pavilions, bathrooms $200,000
- Heritage Park Amphitheater improvements $50,000
- Parks Master Plan $27,000
- Golf Maintenance Building retainage $10,000
- For Fiscal Year 2015-2016 one Cottonwood lot sold for $115,811
- For Fiscal Year 2016-2017 six Cottonwood lots sold for $641,107
- Total funds from land sold was $756,918, which are now considered unrestricted fund balance
- No significant litigation expenses have been incurred through May that require unrestricted fund balance to be utilized
- General fund transfer of $400,000 to the Capital Project’s fund of unrestricted fund balance is currently budgeted
- Slower rate of litigation expenses than anticipated in the spring
- Cost savings from turnover and absorption of key position
- Excess of revenues over expenditures could be significantly lower, or slightly higher depending on June expenditures and general revenues like sales tax revenues that finalize in August
Golf Fund Updates
- Golf operating budgeted subsidy reduced by $5,000
- Use of fund balance to purchase two rough mowers as part of the equipment replacement plan
- Golf debt levy amount remains flat
Water & Sewer Fund Highlights
- Bowen Collins adjustments are necessary for the following reasons
- Pay as you go for necessary capital maintenance and improvements
- Offset very low impact fees
- Cover higher debt service than most municipalities in the area
- 51-37-110 Water fee 6.4% increase $38,809
- 51-37-113,114 PI usage and base rate 0.0% rate increase
- 51-35-110 Storm drain 6.5% increase $19,200
- 51-38-110 Sewer 3.0% increase due to SEACAP study and TSSD uncertainty $32,823
- Eliminated transfers to other funds for water and sewer reimbursements and excise debt service
- Capital improvements planned
- Deerfield park storm drain and site work improvements $500,000
- Vacuum truck $400,000
- Canyon Road Sewer $400,000
Motor Pool Highlights
- Vehicle replacements
- Diesel flatbed truck
- One-ton truck
- Zoning vehicle
- $5,039 increase for charges to the General fund
- $4,827 increase for charges Water & Sewer
- $100 decrease in Golf fund charges
Budget Summary
- Organizational structure absorbed admin/finance position with new city manager
- Proposal to adopt the certified property tax rate
- Legal services and park maintenance have significant budgeted increases
- Capital maintenance and improvement projects are funded by the sale of land and excess revenues over expenditures in the General fund
- Bowen Collins Utility rate study allows to fund upcoming capital purchases and projects with existing fund balance
- Enterprise fund water & sewer reimbursements have been eliminated
This was approved 4-0.
Modifications are proposed to the City Fee Schedule in order to implement recommendations from the utility rate study as prepared by Bowen Collins & Associates and adopted by City Council. Those are as follows:
Review/Action on Participation in Lone Peak Public Safety Contract
The Lone Peak Public Safety Interlocal Agreement Section 8 requires that, “any city may terminate its participation in [LPPSD] as of July 1 of any year provided that notice of intent to withdraw has been given in writing to the other Cities at least 24 months prior to the time of withdrawal.” During the January 2017 City Council retreat, a council priority was laid out for staff to begin to work on the long-term public safety costs of both fire and police services. The current agreement with American Fork Police Department to provide police services to Cedar Hills is set to expire in two years. By giving Lone Peak notice of our intent to withdraw from the district, it allows Cedar Hills two year time period to explore public safety options for both fire and police in tandem, hopefully to gain some value by possibly combining those services with the same entity. Cedar Hills will consult with Lone Peak, American Fork, and other entities (such as Utah County and Pleasant Grove) for bids for both police and/or fire protection. The LPPSD Interlocal Agreement further states in Section 11, “If a City withdraws from the District and the District is not dissolved, any distribution of assets to the withdrawing City shall only be as negotiated with the remaining Cities. The Cities agree to negotiate in good faith in determining fair and reasonable terms and conditions for the distribution of District assets to the withdrawing City. If the Cities cannot agree on a negotiated distribution of assets to the withdrawing City, the Cities hereto agree to mediate the matter. If the dispute is not resolved in mediation, then the Cities may take the matter to court.” It is imperative to emphasize that the notice to withdraw is not due to the level of service provided by Lone Peak Fire. Cedar Hills recognizes Lone Peak for being an exemplary organization, run by the finest chiefs. This notice is in no way to be construed as a referendum on their service. Staff recommends we don't begin the negotiations with LPPSD in about eight months after we've had a chance to review the bids and determine whether it makes the most sense to stay with LPPSD or move to another option. This resolution isn't binding to leave, but giving notice that we are exploring other options. LPPSD does have liabilities that the city would be obligated to help cover.
CM Zappala said there is a flaw with the district as it isn't a taxing entity but instead bound to cities of the district. Elected officials that serve on the board are more concerned with city budgets than the district budget. The amount we currently pay in fire is roughly equal to 100% of the property tax we collect. He feels having LPPSD be its own taxing entity would function much better. Alpine and Highland have not bought into that idea.
Mayor Wimmer from Alpine spoke. LPPSD was originally between Alpine and Highland. The concept was to share cost of a chief and some other support functions to provide a better safety organization. This included EMS. They had long response times when using American Fork EMS services. It's been a benefit. He agrees on the concept of a taxing entity. Savings comes from overhead being shared. Would hate to see Cedar Hills leave, feels, it's a better organization as is.
Chief Freeman with LPPSD spoke. Has enjoyed serving Cedar Hills and would like to continue to do so. Said we are currently covered by three stations, where other nearby cities only have one. Will support us on whatever is decided. Many employees are worried about losing their jobs. They are having a hiring problem anyway as they are short staffed, as are other cities. If employees are worried about job security, they will leave and go to other cities. He is worried about that. Tries to be efficient with what is budgeted.
This was approved 3-0. Ben Bailey did not vote as he works for LPPSD.
Discussion on Canyon Road Sewer
Council directed staff to explore the possibility of completing the Canyon Road sewer project in tandem with Utah County’s Canyon Road reconstruction project. Originally, the proposal was to extend a sewer line from Box Elder Dr. north to Mountaintop Trails. This line would service approximately seven Cedar Hills residents and sixteen Pleasant Grove residents. After meeting with Pleasant Grove city officials, staff is recommending that the project be scaled back to focus only on the Cedar Hills residents. The original placeholder projected cost was to be $400,000, additionally a bid from the County for the design work of the original project came back at $21,000. With the scaled back plans, staff is expecting the total cost of the project to be nearly half of the original placeholder amount. Bowen, Collins and Associates have given Cedar Hills a bid to design and inspect the project from start to finish of $40,000. The homes along Canyon Road are on septic systems. The County will not approve new septic systems in the event that they fail if a homeowner is within 300 ft of a sewer line. As these homes have aged in this area, staff has noticed an increasing amount of septic system failures. The County is in the process of designing the fixes to Canyon Road. With the construction on Canyon Road, there will be a five year moratorium on cuts and projects on Canyon Road. If the City has not installed a sewer line by the completion of the project and a septic system fails, the City and Resident will be hard pressed to find options for providing sewer services. This project would not address the three Cedar Hills residents on Jens Monson, but there is not a moratorium on digging into Jens Monson. It would address the septic systems for our residents on Canyon Road. I don't see those PG residents wanting to boundary adjust over the next five years, so my preference would be to go with the lower cost option that provides sewer only for our residents.
Tuesday, May 16, 2017
City Council Meeting - May 16, 2017
Public Comment
Darin Lowder - Thanked the Council for service, and thanked Rob for his many hours of service. Last fall there was a meeting with Skydrop. He has been using it and for the first time didn't water so much when the PI water came back on. He's only watered once because the system knows when to cycle. Feels the deal Skydrop offered was a great deal for our city as they offered a great discount. They are offering a test run with 200 or so homes to see if it works. Water is a precious asset and we can't continue to beg people to conserve water. System is running out and if we don't do something soon we will be in trouble. Councils disagree about many things, but have agreed on water issues. It's time to make a decision. If it's not a smart water system, we pay a lot for metering. Skydrop will come back out to present and answer additional questions, if needed. Would be $50-$75k for the whole city.
City Reports
Chandler Goodwin - We have another window in the Vista Room broken. Lacrosse starting soon. Family Festival starts end of this month. Last week 6S closed the grill so staff is evaluating other options and will present to Council at a future meeting. AF Irrigation let us know that Tibble Fork is filled and spilling into overflow. Assisting in removal of debris in debris basin. Debris basin in closed to the public. Had water leak on Morgan Blvd. Subsurface layer of road had washed away. Public Works team fixed the pipe and helped residents with getting in and out of driveways. Have been working on repairing the street. AFPD invited us to do virtual training last week and Chandler attended. Training is a valuable resource for officers. Candidacy filing period begins first week of June with deadline of June 7th.
CM Rees - Family Festival is this month and we are still looking for volunteers.
Mayor Gygi - LPPSD met and approved a preliminary budget for next year. There is a serious threat to the LPPSD from a group in Highland that wants to dissolve the district and have Highland go on their own. Meeting again Thursday night at 7pm in a work session to resolve some of the concerns Highland residents have.
CM Crawley - This is his last Council meeting and has felt privileged to serve.
CM Zappala - Parks & Trails meeting at roundabout to plant flowers at 6:30pm on Thursday. Thanked Rob for his service.
Review/Action on Amending Requirements for Bed and Breakfast Facilities
Cedar Hills City Code 10-5-25 (B)(2) states that any structure being considered as a bed and breakfast facility must be a registered historic structure according to state and/or national historic registers. Additionally, the City Council may designate a structure as a historic structure of local significance. Staff is recommending that this provision be struck from City Code as Cedar Hills has no historic structures according to the state or national registry. This was approved.
Review/Action on Final Acceptance of Bridgestone Plats F&G
A final walk through of the Bridgestone Plat F & G Subdivision has been conducted. City staff conducted an inspection and at this time all improvements have been installed per development regulations and specifications. The subdivision will now enter a one year durability period. A durability bond will be held for 10% of the original bond amount. This was approved.
Discussion on PI Metering
There have been multiple discussion on the pros and cons of metering our pressurized irrigation water. The primary arguments for metering center on reducing wasteful consumption and reducing the wear and tear on our system. I am not yet convinced that secondary metering is the right solution for these problems and would instead like to educate and encourage residents to invest in smart controllers for their sprinkler systems. Smart controllers work by developing watering cycles based on an individual yard and weather patterns, and have proven to reduce consumption without the need for meters and changes in billing. There are a few reasons I'm advocating this approach.
First, secondary water meters don't always result in conservation, especially if you have a group of people who can afford it. From a Standard-Examiner article from 2015:
Second, studies have shown that educating users on consumption has helped reduce usage. The Weber Basin Water Conservancy District installed water meters in Ogden, however, they did not change how they bill. They provided watering stats to residents who had meters and found that, without changes in billing, consumption went down. From that Standard-Examiner article:
Third, the more I study the conservation issue, the more strongly I feel this needs to be led by the State and not individual cities. Our wells draw from aquifers, and other cities draw from the same aquifers. If we are conserving but other cities are not, then our efforts will not have any meaningful impact. Lehi is a great example. They continue to drill down deeper to supply more water to their rapidly growing community. If we scale back but they continue to draw down the aquifer, we will still suffer. This isn't to say that we should ignore conservation efforts. This is an important issue and we should all do our part. But if conservation of a resource is key, then it's only going to work if everyone is participating.
Fourth, the wear and tear on our system is a concern, but I'm not certain metering will fix it. If we don't see a reduction in use, then meters would not have solved that problem. We have had Bowen & Collins do a study on our water, sewer, storm drain, and PI system and they recommended rates based on ongoing operations and improvements. They have continued to state we do not need to raise PI rates. If our system isn't going to last as long as anticipated, we could instead raise PI rates to plan for improvements more often than the current plan. I am interested in Bowen & Collins explaining why their recommendations haven't changed based on usage, and if they did recommend a rate change to address wear and tear, how much that would be. It could be considerably less expensive than meters.
Fifth, on the subject of paying for what you use. This is a market principle that makes sense to me. However, we used to do exactly that when we used culinary water on our lawns. At some point the city recommended a PI system instead and the selling point to residents was that they could use all the PI water they wanted for a flat rate. It turns out whoever did that study didn't take into account that supplying an unlimited amount of something for a flat fee would increase usage. But to now go back to residents and say that isn't working doesn't seem fair, and I'm sure that is why so many residents are opposed to water meters. I would like to explore other options to reduce consumption and use metering as a last resort.
In summary, I recommend that we increase education efforts, which may even require us to get some outside help for a season. I would like the city to emphasize the benefits of smart controllers and encourage residents to obtain one. Controllers range from $100-$300 and several water conservancy districts are offering rebates of half the cost up to $150 to install and approved device. In addition, the city could explore possibly offering a rebate for those who show proof of installation of an approved device. We should also eliminate watering restriction days for those who use smart controllers as they system will be setup to only water when needed. I feel that residents would conserve if they had tools that made it easy to do so, and were aware of how much water was being used. It's not unlike recycling. Many residents pay each month for a recycling bin without any financial incentive to do so, but because they feel strongly about conservation. With more education and improvements in technology, I think this is the direction that makes the most sense. I think we need to do more research on the options and talk with someone at the State level to see what research and plans are happening there. I would hate for us to go down a road that doesn't resolve the issues, or that has to change in the near future as technology and awareness changes. We made the mistake of thinking that unlimited PI water would be fine, and are now realizing that assumption was incorrect.
**I didn't include any of the other comments as this portion is already long, but there as been a long discussion on the Cedar Hills Chat Room.
Discussion on LPPSD
Lone Peak is preparing to approve their FY2018 budget; currently the Cedar Hills portion is set to raise by approximately 1%, from $653,326 to $659,197. For the administration portion of the LPPSD budget, the Cedar Hills portion is set to raise from $21,757 to $27,170 to help fund an HR individual. A goal that the City Council set in January 2017 was to get a better understanding of the long term public safety costs that Cedar Hills will incur over the course of the next 5 to 10 years. Staff has been continuing to evaluate both police and fire options, as the AFPD contract expires in two years.
Here is the budget for LPPSD:
Staff would like to explore all options we have for public safety, both fire and police, to make sure we are getting the best price and service. Chandler is going to propose to LPPSD that we offer our grant writer to see about obtaining more grants for the district. In the past the district has obtained almost $1 million in grants, but are now only budgeting for $20,000. There is public and private money available and we just need someone who will do the work to apply for it.
Darin Lowder - Thanked the Council for service, and thanked Rob for his many hours of service. Last fall there was a meeting with Skydrop. He has been using it and for the first time didn't water so much when the PI water came back on. He's only watered once because the system knows when to cycle. Feels the deal Skydrop offered was a great deal for our city as they offered a great discount. They are offering a test run with 200 or so homes to see if it works. Water is a precious asset and we can't continue to beg people to conserve water. System is running out and if we don't do something soon we will be in trouble. Councils disagree about many things, but have agreed on water issues. It's time to make a decision. If it's not a smart water system, we pay a lot for metering. Skydrop will come back out to present and answer additional questions, if needed. Would be $50-$75k for the whole city.
City Reports
Chandler Goodwin - We have another window in the Vista Room broken. Lacrosse starting soon. Family Festival starts end of this month. Last week 6S closed the grill so staff is evaluating other options and will present to Council at a future meeting. AF Irrigation let us know that Tibble Fork is filled and spilling into overflow. Assisting in removal of debris in debris basin. Debris basin in closed to the public. Had water leak on Morgan Blvd. Subsurface layer of road had washed away. Public Works team fixed the pipe and helped residents with getting in and out of driveways. Have been working on repairing the street. AFPD invited us to do virtual training last week and Chandler attended. Training is a valuable resource for officers. Candidacy filing period begins first week of June with deadline of June 7th.
CM Rees - Family Festival is this month and we are still looking for volunteers.
Mayor Gygi - LPPSD met and approved a preliminary budget for next year. There is a serious threat to the LPPSD from a group in Highland that wants to dissolve the district and have Highland go on their own. Meeting again Thursday night at 7pm in a work session to resolve some of the concerns Highland residents have.
CM Crawley - This is his last Council meeting and has felt privileged to serve.
CM Zappala - Parks & Trails meeting at roundabout to plant flowers at 6:30pm on Thursday. Thanked Rob for his service.
Review/Action on Amending Requirements for Bed and Breakfast Facilities
Cedar Hills City Code 10-5-25 (B)(2) states that any structure being considered as a bed and breakfast facility must be a registered historic structure according to state and/or national historic registers. Additionally, the City Council may designate a structure as a historic structure of local significance. Staff is recommending that this provision be struck from City Code as Cedar Hills has no historic structures according to the state or national registry. This was approved.
Review/Action on Final Acceptance of Bridgestone Plats F&G
A final walk through of the Bridgestone Plat F & G Subdivision has been conducted. City staff conducted an inspection and at this time all improvements have been installed per development regulations and specifications. The subdivision will now enter a one year durability period. A durability bond will be held for 10% of the original bond amount. This was approved.
Discussion on PI Metering
There have been multiple discussion on the pros and cons of metering our pressurized irrigation water. The primary arguments for metering center on reducing wasteful consumption and reducing the wear and tear on our system. I am not yet convinced that secondary metering is the right solution for these problems and would instead like to educate and encourage residents to invest in smart controllers for their sprinkler systems. Smart controllers work by developing watering cycles based on an individual yard and weather patterns, and have proven to reduce consumption without the need for meters and changes in billing. There are a few reasons I'm advocating this approach.
First, secondary water meters don't always result in conservation, especially if you have a group of people who can afford it. From a Standard-Examiner article from 2015:
O’Loughlin with Brilliant Integrated Technologies has noticed himself how different homeowners have different motivations to conserve. His work promoting the new irrigation controller often takes him back to California. The state is facing a tougher drought crisis than Utah, and pay water rates around 74 percent higher, but overwatering hasn’t gone away there, either. Just last summer, water use in the parched state increased by 1 percent instead of going down by their targeted 20 percent. California policymakers passed a $500-a-day fine for overwatering to try to curb use.
“No matter where you go, water is not that expensive compared to what you’re putting it on; it’s noise for some people compared to the investment in landscaping and what the house is worth,” he said.
I've heard that Spanish Fork has implemented secondary meters and has seen a reduction in usage. However, our demographics are different from those of Spanish Fork. In Spanish Fork, the average annual income is $68,767 and the average home value is $214,014. In Cedar Hills the average annual income is $97,693 and the average home value is $343,377. (city-data.com). In an area like ours, many users can afford the higher rates so metering won't necessarily equate to conservation.Second, studies have shown that educating users on consumption has helped reduce usage. The Weber Basin Water Conservancy District installed water meters in Ogden, however, they did not change how they bill. They provided watering stats to residents who had meters and found that, without changes in billing, consumption went down. From that Standard-Examiner article:
Joanna Endter-Wada, a professor in the Department of Environment and Society at Utah State University, helped the water district use the data to gain a wider social perspective of conservation, too.
“Our interest was in trying to assess the effectiveness of the information itself,” she said. “Could people be compelled or encouraged to conserve, just knowing whether or not water they were using was sufficient to meet their needs?"
The answer, it seems, is a resounding “yes.”
The district has only kept track for the past three years, and they’re still finalizing the 2014 data. But preliminary estimates from the meters show the average household in Weber County used 83 percent of their one acre-foot water allocation in 2012. By 2014, that figure dropped to 60 percent.
The data also shows that the amount of people exceeding their water use allocation — another way of saying “overwatering” — dropped from 26 percent in 2012 to 9 percent in 2013.
“How much water costs is one motivation, but people, in general, have values related to not being wasteful, using their fair share and being reasonable in the amount of water they’re using in comparison to others,” Endter-Wada said. “So if people become aware of the fact that their use is considered inefficient, or they're using a lot more water than they really need, many of them are motivated to conserve by doing right as members of society."
Also, from a 2016 Standard-Examiner article:
Tage Flint, general manager and CEO at Weber Basin Water Conservancy District, stresses that education has always been the key to conserving water.
“What we’re finding is that the more educated the water user is, the more efficient they are in their water usage,” he said.
Flint says new technologies are helping to boost water conservation. For example, when a homeowner installs a smart controller, it generally makes an immediate difference.
“What we’re seeing is that, almost overnight, we’re getting a 30- to 200-percent reduction in water use,” Flint said.
Kelly Kopp, a professor of plants, soils and climate at Utah State University, in Logan, has been focusing much of her research on these new controllers.
“I do think that the future of irrigation is going to focus on technology,” Kopp says. “And smart irrigation controllers are a big part of that, with huge potential water savings.”
Britney Hunter, an extension assistant professor in horticulture at the Davis County USU Extension Service, says she’s “pleasantly surprised” at how affordable these smart timers are, and just what the technology is capable of.
Indeed, Hunter said if everyone in Davis County replaced their irrigation timer with a smart controller, the average home would save 8,800 gallons of water annually. Nationwide, that could translate into a savings of 120 billion gallons.
In researching this, I'm finding places like California are now installing smart controllers on top of water meters because the meters weren't enough. However, technology continues to advance and smart meters are being developed that do both. I'm concerned that if we do meters now but the State eventually feels smart controllers are more effective, we will need to upgrade once again.Third, the more I study the conservation issue, the more strongly I feel this needs to be led by the State and not individual cities. Our wells draw from aquifers, and other cities draw from the same aquifers. If we are conserving but other cities are not, then our efforts will not have any meaningful impact. Lehi is a great example. They continue to drill down deeper to supply more water to their rapidly growing community. If we scale back but they continue to draw down the aquifer, we will still suffer. This isn't to say that we should ignore conservation efforts. This is an important issue and we should all do our part. But if conservation of a resource is key, then it's only going to work if everyone is participating.
Fourth, the wear and tear on our system is a concern, but I'm not certain metering will fix it. If we don't see a reduction in use, then meters would not have solved that problem. We have had Bowen & Collins do a study on our water, sewer, storm drain, and PI system and they recommended rates based on ongoing operations and improvements. They have continued to state we do not need to raise PI rates. If our system isn't going to last as long as anticipated, we could instead raise PI rates to plan for improvements more often than the current plan. I am interested in Bowen & Collins explaining why their recommendations haven't changed based on usage, and if they did recommend a rate change to address wear and tear, how much that would be. It could be considerably less expensive than meters.
Fifth, on the subject of paying for what you use. This is a market principle that makes sense to me. However, we used to do exactly that when we used culinary water on our lawns. At some point the city recommended a PI system instead and the selling point to residents was that they could use all the PI water they wanted for a flat rate. It turns out whoever did that study didn't take into account that supplying an unlimited amount of something for a flat fee would increase usage. But to now go back to residents and say that isn't working doesn't seem fair, and I'm sure that is why so many residents are opposed to water meters. I would like to explore other options to reduce consumption and use metering as a last resort.
In summary, I recommend that we increase education efforts, which may even require us to get some outside help for a season. I would like the city to emphasize the benefits of smart controllers and encourage residents to obtain one. Controllers range from $100-$300 and several water conservancy districts are offering rebates of half the cost up to $150 to install and approved device. In addition, the city could explore possibly offering a rebate for those who show proof of installation of an approved device. We should also eliminate watering restriction days for those who use smart controllers as they system will be setup to only water when needed. I feel that residents would conserve if they had tools that made it easy to do so, and were aware of how much water was being used. It's not unlike recycling. Many residents pay each month for a recycling bin without any financial incentive to do so, but because they feel strongly about conservation. With more education and improvements in technology, I think this is the direction that makes the most sense. I think we need to do more research on the options and talk with someone at the State level to see what research and plans are happening there. I would hate for us to go down a road that doesn't resolve the issues, or that has to change in the near future as technology and awareness changes. We made the mistake of thinking that unlimited PI water would be fine, and are now realizing that assumption was incorrect.
**I didn't include any of the other comments as this portion is already long, but there as been a long discussion on the Cedar Hills Chat Room.
Discussion on LPPSD
Lone Peak is preparing to approve their FY2018 budget; currently the Cedar Hills portion is set to raise by approximately 1%, from $653,326 to $659,197. For the administration portion of the LPPSD budget, the Cedar Hills portion is set to raise from $21,757 to $27,170 to help fund an HR individual. A goal that the City Council set in January 2017 was to get a better understanding of the long term public safety costs that Cedar Hills will incur over the course of the next 5 to 10 years. Staff has been continuing to evaluate both police and fire options, as the AFPD contract expires in two years.
Here is the budget for LPPSD:
Tuesday, May 2, 2017
Council Meeting - May 2, 2017
Public Comment
Nobody signed up.
Consent Agenda
The minutes from the March 21, 2017 City Council meeting were approved.
City Reports
Chandler Goodwin - Several recreation programs are open for registration. Thanked all who participated in days of service at roundabout. Discussing with Parks & Trails Committee a new location for recreation signs. Bayhill Park is nearing completion and the Parks & Trails Committee will be making a recommendation on playground equipment. Golf maintenance building is also underway.
Mayor Gygi - LPPSD met but was mostly in exec session.
CM Rees - We need many volunteers for Family Festival so encourage residents to sign up.
CM Zappala - Service Day was a great success.
CM Crawley - Planning Commission met and discussed amending code to not require a bed and breakfast/reception center be designated as a historic structure. This will come to the Council for a vote.
Review/Action on FY 2017 Budget Amendments
The proposed amendments are as follows:
Review/Action to Adopt Tentative FY 2018 Budget
This has been an ongoing to discussion for the past several months. Please review my notes from previous Council meetings to find info on budget changes. The final budget will not be adopted until June.
We did discuss the Golf Fund in more depth tonight. Some interesting info from staff. First, our fees are generally on the lower end, though other courses give discounts that we don't, such as twilight rates, military rates, senior rates, etc.
Highlights for Golf Fund for upcoming fiscal year:
The tentative budget was approved.
This was approved and will be effective as of the date the law was signed by Governor Herbert.
Review/Action Dissolving Committees
When a citizen committee has served its purpose or discontinued meeting, it should be dissolved by resolution until a future time when the committee may reconvene. These committees convene for a variety of reasons. The Golf Course Finance Committee met to discuss the financial state of the golf course; they presented their findings to the community in a town hall meeting. The Water Advisory Committee met to discuss the water needs of Cedar Hills; they also presented their findings to the community in a town hall setting. Other committees such as the General Plan Committee met to help guide a discussion on the community. Stakeholders met to discuss the future vision of the community. If the time comes that the committee should be reformed, they may reconvene by resolution of the City Council. This was approved.
Review/Action on Amending Code Related to Campaign Finance Disclosure
In reviewing and preparing information for the upcoming municipal election, the city recorder is updating the city code. Recent legislation changes campaign finance disclosure requirements, and definitions. The proposed ordinance will bring the code into compliance with the state code. The changes will be as follows:
1. Candidates for municipal office shall (a) report all of the candidate's itemized and total: (1) contributions, including in-kind and other nonmonetary contributions, received up to and including five days before the campaign finance statement is due, excluding a contribution previously reported; and (2) expenditures made up to and including five days before the campaign finance statement is due, excluding an expenditure previously reported; and (3) identify for each contribution, the amount of the contribution and the name of the donor, if known; and (4) identify for each expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or report the total amount of all contributions and expenditures if the candidate receives $500 or less in contributions and spends $500 or less on the candidate's campaign. Within 30 days after receiving a contribution that is cash or a negotiable instrument, exceeds the anonymous contribution limit, and is from a donor whose name is unknown, a candidate shall disburse the amount of the contribution to: the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund; or an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
2. The definition of “anonymous contribution limit” means for each calendar year: $50.
Review/Action on Interlocal Agreement with Utah County to Conduct Vote By Mail Elections
Due to the increased interest of cities wishing to conduct all vote by mail elections, the Utah County Clerk Elections Division met with city recorders earlier this year to propose offering their services in assisting interested cities in conducting their vote by mail elections. The county would be in charge of administering the all vote by mail elections, including the processing, mailing and counting of the ballots. The cost of the election will be shared between the county and the individual cities, and an Interlocal Cooperation Agreement would be entered into that sets forth in writing the agreement regarding the joint administration of the 2017 Municipal Primary and General Election.
I asked if the cost was less than our current process and if residents could still take their ballot to the city office instead of mailing in and was told yes on both. I like vote by mail because it has increased voter participation and allows residents to vote from home while being able to do research on candidates on a computer.
CM Crawley expressed concern because of voter fraud. Said some in our city received two ballots last time and said there were other issues. You don't know if the person who cast the vote is actually a resident in their city, or actually the person to whom the ballot belongs. Colleen (our city recorder) said the County has a large database and verifies the signatures on the ballot. If there are any issues, the voter is contacted. Law says the County has to contact the voter within a certain number of days. Signatures either match or they don't. Ballots don't get forwarded if the resident has moved. On Election Day, if someone says they didn't a ballot they can go to the city office and fill out a provisional ballot. This goes to the County to verify signatures and that the person is a registered voter. Colleen said if there were risks or significant problems, we would have heard about them. Lt Governor is advocating vote by mail. Other states have been doing vote by mail and have very minimal issues with fraud. Mayor Gygi said he is fine reaching out to Lt Gov office to see if they have any concerns or issues.
This was approved 4-1 with CM Crawley voting nay.
Review/Action on Resolution to Place PARC Tax on Next Ballot
In 2008, voters in the City of Cedar Hills considered and approved via general ballot opinion question, a local sales and use tax of 0.1% of particular transactions to fund cultural facilities and organizations, recreational facilities and programs, zoological facilities and organizations or botanical organizations. Per Utah State Code Title 59, Chapter 12, Part 14, the tax may be reauthorized at the end of the eight year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the first step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action to Discontinue Membership with ULCT
This was a resolution being recommended by CM Crawley. Cedar Hills is scheduled to pay the ULCT $5,118.71 in membership fees for FY18. These fees are based on assessed property values, population estimates, and sales tax revenues. ULCT serves as a lobbying group that works to preserve local authority at the state level. Representatives from ULCT also offer multiple trainings to elected officials, planning commissions, land use authorities, staff, and others on the processes in local government and best practices.
CM Crawley feels trainings are helpful but can still attend and pay without being a member. Legal services can come from our attorney. Problem he has is that it's become a government appendage and is a powerful lobbying group, but lobbying efforts aren't always in favor of residents. Upset that funds from gas tax went to UTA and ULCT helped push this through. Residents want gas tax to go to local roads, not UTA. In public office you sometimes take off your resident hat and put on city hat and look at increasing funds for city instead of decreasing tax for residents. Resident tax dollars are used to go against what residents want.
I believe we should continue with ULCT. While there have been times they have advocated for things that raise taxes (such as an increase in the gas tax), it is generally to help cities fund infrastructure needs, such as roads. They have also advocated for other items that have benefited our city, such as changes to GRAMA laws and zoning laws. We also have access to their legal team and policy experts. They provide daily updates and tracking on bills as they go through the legislative process and advocate on behalf of municipalities. ULCT gets their marching orders from the Legislative Policy Committee (LPC). Every member city can have multiple representatives on the LPC. We've only ever had Mayor Gygi on this committee, but we can have our city manager and 2 members of the Council also participate. Any council member who has a concern with the direction of ULCT should voluntarily serve on the LPC. ULCT will continue to lobby for their member cities and will continue to be a powerful voice. If we terminate our relationship, it won't impact their influence, it will simply eliminate any voice we have in the process. From my experience, ULCT does care about the smaller cities and advocates for them, as well as larger cities. We definitely should hold them accountable for some recently exposed financial practices, and I would like more info on how ULCT is addressing those issues. But instead of walking away and losing any voice we have with the State Legislature, I believe it would be more effective for more of our elected officials to step up and serve on the LPC.
Mayor Gygi said he hasn't ever seen ULCT lobbying for anything that the member cities haven't advocated for. ULCT will put policies in place to make sure the financial issues won't happen again.
CM Zappala said it's laughable that ULCT be labeled liberal when it's populated by conservative officials from throughout a conservative state.
The resolution was rejected 4-1 with CM Crawley voting to discontinue. We will continue as members of ULCT.
Review/Action Related to Resident, Staff, and Council Use of Golf Course
Councilmember Rob Crawley has proposed two resolutions:
1) Whereas elected officials have a responsibility to vote in an unbiased manner regarding the spending on the golf course. Whereas the golf course represents an asset that has significant costs to residents that benefit in varying degrees from the golf course. Whereas free golf awarded to elected officials can give bias in fact and/or bias in appearance to elected officials: Therefore, the City Council resolves that from this time forward, neither current elected officials, nor previously elected officials, shall be given preferential treatment over residents in regards to usage of golf course facilities including green fees, driving range usage, golf carts usage, product purchases, etc.
CM Geddes said he's a golfer. He didn't run for City Council to get free golf. He's been a season pass holder since golf course opened. Proud that he knows the golf course, where things need to be fixed. He loves taking his friends and neighbors to the course. Feels his contribution to revenue has been helpful. Feels this is a great benefit for officials and employees. It's a great way to enjoy nature and get exercise. Wishes more council members would use it so they are aware of what's going on at the golf course and driving range. Isn't offended by this and is happy to pay for his golf, but wishes the City Council would use the benefit. Recommends we continue the policy of free golf and encourages City Council to get friends and neighbors on the golf course. Every resident gets a coupon for one round of free golf every year, but very few people use it. Less than 30 did this last season. It's not a perk outside the realm of the norm.
Mayor Gygi said a policy has been in place that elected officials only get free golf if they bring paying customers with them. This was more of a recommendation than a policy, so this would make it a policy. Wishes people were bringing golfers every single week and golfing. Solution is listed below in #2, below.
2) Whereas the golf course is rarely operating at capacity, and the more paying customers that the city can attract, the less financials resources are required to subsidize the golf course: Therefore the City Council resolves that all residents, employees and elected officials are allowed a free golf game when bringing with them a minimum of two additional customers paying full price for green fees.
I don't have a strong opinion either way, but my only concern is that is singles out only one type of our recreation offerings, where we don't give the option for free recreation programs for basketball, soccer, etc. Some families may never want to golf but would like to get a free sign up for basketball if they enroll 3 kids.
CM Zappala said if we make it permanent, he would limit to a certain number of times per year as we might see a loss in revenue.
Chandler said he recommends it be a six-month trial to see how it goes.
#1 was rejected 4-1, but #2 was approved 5-0 stating that all residents get free golf when bringing with them three full paying customers, and this policy will be in place for two months as we determine the impact. Elected officials and employees were not included in #2.
Review/Action Amending Code Related to Performance Guarantees
In 2015, legislation was passed that changed the duration and amount of durability bonds that contractors and developers posted as part of making public infrastructure improvements. Currently Cedar Hills requires a 20% durability bond to be held for two years. Changes restrict that limit to 10% for a term of one year. This was approved.
Discussion on AF Canyon Water and Soil Testing
Cedar Hills has taken water, soil, and sediment samples throughout the Cityfollowing the unplanned release of sediment from the Tibble
Fork Reservoir into the American Fork River. The samples were taken in
anticipation of the spring runoff season. In an effort to ensure the delivery
of safe irrigation water, Cedar Hills has taken samples and had them tested
for heavy metals. Samples were taken at the following locations:
-Water sample at pond 10 weir
- Sediment sample at pond 10
- Water sample at pond 12
-Soil sample at Mesquite Park
-Water sample at Heritage Park diversion dam
-Sediment at Heritage Park near amphitheater
-Sediment sample at hole 10 green
Kevin Okleberry with DEQ came and discussed the results. DEQ has been working to address the issues related to the sediment release in AF Canyon. Regarding our soil, sediment, and water samples, Mr. Okleberry said nothing was elevated based on screening samples they use. They look at water as it relates to recreational water use (children playing in water), and a value for aquatic wildlife (fish, etc.), or value for irrigation water for crops and livestock. For sediment and soil they screen and have a value for recreational use of the area, and a value for aquatic wildlife. In summary, all our samples were below the screening levels for recreational use and irrigation use. Based on the data, DEQ says the values are well below what is considered to be excessive for recreational use. I asked about Mark Allen's group and their postings that the samples they've pulled have been higher than recommended for recreational use. Mr. Okleberry stated there have been multiple samples collected by multiple groups, including cities, DEQ, and Protect and Preserve. Says the two samples collected on August 22, 2016 and referenced by Protect and Preserve are not representative of the actual impact on the AF system. None of the other entities that have taken samples since have been able to replicate those same results. Nobody has seen levels like that before the sediment release or after. The two samples were taken as water samples from the water column as it was flowing down the river and was analyzed as a sediment sample, instead of a water sample. DEQ sediment samples come from the bottom of the river, not the water column. Said if the samples are valid, they represent a temporary condition in the river that only existed at that moment and has not been able to be replicated. Park Service samples correlates with the DEQ samples. Doesn't dismiss the samples as invalid, but doesn't believe they are representative of what actually happened in the river. CM Geddes asked what killed the fish. Mr. Okleberry said the fish suffocated to death because of the amount of sediment.
The entire report showing the results for each sample can be found on the city's website by clicking here.
Nobody signed up.
Consent Agenda
The minutes from the March 21, 2017 City Council meeting were approved.
City Reports
Chandler Goodwin - Several recreation programs are open for registration. Thanked all who participated in days of service at roundabout. Discussing with Parks & Trails Committee a new location for recreation signs. Bayhill Park is nearing completion and the Parks & Trails Committee will be making a recommendation on playground equipment. Golf maintenance building is also underway.
Mayor Gygi - LPPSD met but was mostly in exec session.
CM Rees - We need many volunteers for Family Festival so encourage residents to sign up.
CM Zappala - Service Day was a great success.
CM Crawley - Planning Commission met and discussed amending code to not require a bed and breakfast/reception center be designated as a historic structure. This will come to the Council for a vote.
Review/Action on FY 2017 Budget Amendments
The proposed amendments are as follows:
- 10-32-200 Building Permit and 10-32-210 Planning Check Fee revenues are being increased by $15,000 each that offset 10-60-215 Contract labor from Sunrise Engineering of $30,000 for reviewing solar and other building related transactions.
- 10-34-325 Passport Revenues are anticipated to increase an additional $30,000, which are partially offset by additional expenditures 10-40-200 Materials & Supplies of $2,000 and 10-40-281 Postage of $5,000.
- 10-35-110 Recreation Program revenues adjustment of $20,000 is partially offset by increased expenditures related to 10-65-400 Recreation program supplies of $3,000 and 10-65-550 Credit Card Fees of $2,000.
- The city continues to propose that revenues generated by the Youth City Council and Community Arts activities be committed to those purposes in future budgetary years.
- Due to slower than anticipated legal activity, and to apply best practices to manage general fund balance, the city proposes reversing the $200,000 10-36-903 Transfers in from Capital Projects fund and 40-96-100 Transfer out to the General fund for the current fiscal year.
- The city proposes 10-69-910 Transfers Out to the Capital Projects fund and 40-30-801 Transfer in from the General Fund of up to $400,000, so unrestricted fund balance will be in line the city financial policies and best practices of 16% and 25% of actual general fund revenues. This is also required by law as we are not allowed to have an unrestricted fund balance in the General Fund in an amount greater than 25% of revenues for the General Fund.
- 20-30-600 Season Passes and 20-70-600 Advertising need to be increased to recognize the no cash trades with Chase Media and Valpak.
- 10-69-915 Transfer Out to the Golf Debt Service Fund and 30-35-300 Transfer In form Other Funds of $50,000 to the golf debt service fund to prevent a property tax adjustment in the next fiscal year, and to potentially avoid negative fund balance. It should last at least 3 years. Anytime we do a property tax levy, the County allocated motor vehicle fees based on the property tax levy. Because our bond is included in our property tax levy, a portion of the motor vehicle fees goes to that fund.
- 40-80-817 Bayhill Park Project needs up to $175,000 to complete a pavilion, bathroom, playground equipment, and cover contingencies with the current contract. This will be funded with unrestricted fund balance in the capital projects fund.
- 40-95-135 Golf Maintenance Building needs an additional $50,000 for building improvements and 51- 16400 of $50,000 for golf maintenance storm drain/site work improvements based on the approved contracted bid. This will be funded with available net position.
- 40-30-902 Cottonwood Lot Proceeds adjustment of $120,000 based on sales activity through April.
These amendments were approved.
This has been an ongoing to discussion for the past several months. Please review my notes from previous Council meetings to find info on budget changes. The final budget will not be adopted until June.
We did discuss the Golf Fund in more depth tonight. Some interesting info from staff. First, our fees are generally on the lower end, though other courses give discounts that we don't, such as twilight rates, military rates, senior rates, etc.
Here is info on Fox Hollow Golf Course financials.
- Overall operational budgeted support from other funds $142,000, which is $5,000 less than last year.
- 165 acres of open space or $860 of operating support required per acre
- 54 acres of irrigation lines or $2,630 per acre of irrigation
- Other City Parks 33 Acres—Budgeted Cost Per Acre $6,616
- Capital Outlay—2 Rough Mowers $110,000
- Golf Cart Agreement Expires February 2018
- Green fees increased $5,000
- Pro shop revenue increase $14,000 and corresponding expense $12,000
- Overall wages and benefits decrease $600
- Supplies increase $2,500 for range balls
- Utilities increase $4,000 for electrical costs
- Repairs and maintenance course decreased $5,000
For Golf Debt Service Fund:
- Partially refunded 2005 General obligation was paid off 2/1/2016
- 2012 General obligation has principal and interest payment scheduled until 2/1/2035
- The principal and interest payments average approximately $384,000 annually
- The property tax debt levy remains flat at $309,970
- Fund balance of $10,000-$15,000 will need to make up the difference
Highlights for Water & Sewer Fund
- $877,255 wages and benefits or 29.2% of expenses
- $518,187 Timpanogos Special Service District (Sewer Charges)
- $396,802 principal payments on debt service
- Extra principal payment of $21,000 on 2009 Utility Revenue Bonds
- $198,324 interest and trustee payments on debt service
- $295,885 Rocky Mountain Power electrical costs
- $139,990 water purchases—Central Utah Water Conservancy District, Pleasant Grove Irrigation Company, American Fork
- $76,532 excise tax bonds debt service allocation (Public Works building)
- $65,782 motor pool charges
- $41,688 meter installation and maintenance
- $38,794 water construction projects
- $37,442 storm drain maintenance
- Bowen Collins adjustments are necessary for the following reasons:
- Pay as you go for necessary capital maintenance and improvements
- Offset very low impact fees
- Cover debt service
- 51-37-110 Water fee 6.4% rate plan increase
- 51-37-113,114 PI usage and base rate 0.0% rate increase
- 51-35-110 Storm drain 6.5% rate plan increase
- 51-38-110 Sewer 5.5% rate plan increase, propose lower rate of 3.0% as placeholder due to SEACAP study and TSSD uncertainty (algae issue in Utah Lake)
- $(24,116) 51-XX-110, 111 wages and 51-XX-150 benefits due to turnover
- Eliminating transfers out by moving excise debt service to fund
- Debt service coverage ratio is budgeted at approximately 1.34, and our bond covenants require a minimum ratio of 1.25
Because we have very little growth, we are collecting less in impact fees than other cities. Can't rely on impact fees for funding future projects.
Projects include:
- Storm drain/site work for Deerfield park
- Old Town storm drain retention $400,000
- Canyon road sewer $400,000
- Meter installation and maintenance $47,000
- Harvey well chlorination station FYE 2020 $80,000
- Cottonwood well chlorination station FYE 2020 $60,000
- New Jet/Vacuum truck for FYE 2018 $300,000- $400,000
- Irrigation pumps at Pond 10 and 12 will be adjusted, if necessary
- Harvey well replacement FYE 2025
Found out there was a landslide by Cascade Golf Course that compromised the integrity of the line used by Central Utah Project. There is a slight possibility that this could impact the amount of water we receive from CUP if it's not resolved by July. We don't rely on that water until July, but if an event like this did occur during our busy season, we would have to implement severe watering restrictions.
There was a brief discussion on PI water meters, with the following info being provided by staff:
Comparison on water:
The tentative budget was approved.
Review/Action on Amending Code Related to Business Licenses
Recently
passed legislation SB0081 states: “A municipality may not require a license or permit for a business that is
operated only occasionally; and by an individual who is under 18 years of age;
or charge a license fee for a home based business, unless the combined offsite
impact of the home based business and the primary residential use materially
exceeds the offsite impact of the primary residential use alone.” As a result of this legislation, Cedar Hills staff is proposing changes to
Title 3 of the Cedar Hills Municipal Code that will take into effect the
changes from the legislative session.
The following definitions were added:
HOME BASED OFFICE: A
business conducted entirely out of the home, where the public and/or employees
do not enter the home, where there is nothing produced, and where there is not
a material impact.
HOME BASED BUSINESS: A
business conducted entirely out of the home, the public and/or employees may
enter the home, goods may be produced, and there may be a material impact. A
home based business is required to have a business license.
MATERIAL OFFSITE IMPACT:
An impact that a residential home based business has that exceeds the impact of
a residential home alone. The impact may be based on traffic, noise, lighting,
odor, or utility services. Businesses that are determined to have a material
offsite impact shall be required to pay all business licensing fees.
OCCASIONALLY: A business is operated occasionally when the operation of
the business occur less than four times per year or on a seasonal basis and by
an individual who is under the age of eighteen (18).
Under when a license is required, the following was added:
4. Legally registered charitable and non-profit organizations or
501(C)(3) and legally registered 501(c)(4) organizations and recognized as such
by the Internal Revenue Service.
5. A home based business that is operated only occasionally and by
an individual who is under 18 years of age.
6. A home based office.
Under "fees" the following was added:
9.
Fee: Fee to be paid. If it is determined that the
impact of a home based business materially exceeds a standard residential
dwelling, the owner of the business shall be required to pay for a business
license; such a determination shall be made by the City Business License
Official.
Under "requirements" changes include:
A. Compliance: Each place of business may be inspected by
the city for compliance with building, fire, land use, and health codes prior
to opening for business. No business shall be registered if the premises and/or
building to be used are not in compliance with the building, fire, land use and
health codes. An inspection shall may be
required when the general public or a nonresident employee will be entering the
business, a product is produced, and/or when hazardous
chemicals and/or materials are located at
the business. (Ord. 3-20-2012A, 3-20-2012)
This was approved and will be effective as of the date the law was signed by Governor Herbert.
Review/Action Dissolving Committees
When a citizen committee has served its purpose or discontinued meeting, it should be dissolved by resolution until a future time when the committee may reconvene. These committees convene for a variety of reasons. The Golf Course Finance Committee met to discuss the financial state of the golf course; they presented their findings to the community in a town hall meeting. The Water Advisory Committee met to discuss the water needs of Cedar Hills; they also presented their findings to the community in a town hall setting. Other committees such as the General Plan Committee met to help guide a discussion on the community. Stakeholders met to discuss the future vision of the community. If the time comes that the committee should be reformed, they may reconvene by resolution of the City Council. This was approved.
Review/Action on Amending Code Related to Campaign Finance Disclosure
In reviewing and preparing information for the upcoming municipal election, the city recorder is updating the city code. Recent legislation changes campaign finance disclosure requirements, and definitions. The proposed ordinance will bring the code into compliance with the state code. The changes will be as follows:
1. Candidates for municipal office shall (a) report all of the candidate's itemized and total: (1) contributions, including in-kind and other nonmonetary contributions, received up to and including five days before the campaign finance statement is due, excluding a contribution previously reported; and (2) expenditures made up to and including five days before the campaign finance statement is due, excluding an expenditure previously reported; and (3) identify for each contribution, the amount of the contribution and the name of the donor, if known; and (4) identify for each expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or report the total amount of all contributions and expenditures if the candidate receives $500 or less in contributions and spends $500 or less on the candidate's campaign. Within 30 days after receiving a contribution that is cash or a negotiable instrument, exceeds the anonymous contribution limit, and is from a donor whose name is unknown, a candidate shall disburse the amount of the contribution to: the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund; or an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
2. The definition of “anonymous contribution limit” means for each calendar year: $50.
Review/Action on Interlocal Agreement with Utah County to Conduct Vote By Mail Elections
Due to the increased interest of cities wishing to conduct all vote by mail elections, the Utah County Clerk Elections Division met with city recorders earlier this year to propose offering their services in assisting interested cities in conducting their vote by mail elections. The county would be in charge of administering the all vote by mail elections, including the processing, mailing and counting of the ballots. The cost of the election will be shared between the county and the individual cities, and an Interlocal Cooperation Agreement would be entered into that sets forth in writing the agreement regarding the joint administration of the 2017 Municipal Primary and General Election.
I asked if the cost was less than our current process and if residents could still take their ballot to the city office instead of mailing in and was told yes on both. I like vote by mail because it has increased voter participation and allows residents to vote from home while being able to do research on candidates on a computer.
CM Crawley expressed concern because of voter fraud. Said some in our city received two ballots last time and said there were other issues. You don't know if the person who cast the vote is actually a resident in their city, or actually the person to whom the ballot belongs. Colleen (our city recorder) said the County has a large database and verifies the signatures on the ballot. If there are any issues, the voter is contacted. Law says the County has to contact the voter within a certain number of days. Signatures either match or they don't. Ballots don't get forwarded if the resident has moved. On Election Day, if someone says they didn't a ballot they can go to the city office and fill out a provisional ballot. This goes to the County to verify signatures and that the person is a registered voter. Colleen said if there were risks or significant problems, we would have heard about them. Lt Governor is advocating vote by mail. Other states have been doing vote by mail and have very minimal issues with fraud. Mayor Gygi said he is fine reaching out to Lt Gov office to see if they have any concerns or issues.
This was approved 4-1 with CM Crawley voting nay.
Review/Action on Resolution to Place PARC Tax on Next Ballot
In 2008, voters in the City of Cedar Hills considered and approved via general ballot opinion question, a local sales and use tax of 0.1% of particular transactions to fund cultural facilities and organizations, recreational facilities and programs, zoological facilities and organizations or botanical organizations. Per Utah State Code Title 59, Chapter 12, Part 14, the tax may be reauthorized at the end of the eight year period in accordance with said code, by submitting an opinion question to the residents of the city regarding the possible imposition of a city wide PARC Tax. The city’s intent is to include this opinion question on the 2017 municipal general election ballot for the residents of the city to consider. The proposed resolution is the first step in the process to advance the proposed opinion question to the ballot. This was approved.
Review/Action to Discontinue Membership with ULCT
This was a resolution being recommended by CM Crawley. Cedar Hills is scheduled to pay the ULCT $5,118.71 in membership fees for FY18. These fees are based on assessed property values, population estimates, and sales tax revenues. ULCT serves as a lobbying group that works to preserve local authority at the state level. Representatives from ULCT also offer multiple trainings to elected officials, planning commissions, land use authorities, staff, and others on the processes in local government and best practices.
CM Crawley feels trainings are helpful but can still attend and pay without being a member. Legal services can come from our attorney. Problem he has is that it's become a government appendage and is a powerful lobbying group, but lobbying efforts aren't always in favor of residents. Upset that funds from gas tax went to UTA and ULCT helped push this through. Residents want gas tax to go to local roads, not UTA. In public office you sometimes take off your resident hat and put on city hat and look at increasing funds for city instead of decreasing tax for residents. Resident tax dollars are used to go against what residents want.
I believe we should continue with ULCT. While there have been times they have advocated for things that raise taxes (such as an increase in the gas tax), it is generally to help cities fund infrastructure needs, such as roads. They have also advocated for other items that have benefited our city, such as changes to GRAMA laws and zoning laws. We also have access to their legal team and policy experts. They provide daily updates and tracking on bills as they go through the legislative process and advocate on behalf of municipalities. ULCT gets their marching orders from the Legislative Policy Committee (LPC). Every member city can have multiple representatives on the LPC. We've only ever had Mayor Gygi on this committee, but we can have our city manager and 2 members of the Council also participate. Any council member who has a concern with the direction of ULCT should voluntarily serve on the LPC. ULCT will continue to lobby for their member cities and will continue to be a powerful voice. If we terminate our relationship, it won't impact their influence, it will simply eliminate any voice we have in the process. From my experience, ULCT does care about the smaller cities and advocates for them, as well as larger cities. We definitely should hold them accountable for some recently exposed financial practices, and I would like more info on how ULCT is addressing those issues. But instead of walking away and losing any voice we have with the State Legislature, I believe it would be more effective for more of our elected officials to step up and serve on the LPC.
Mayor Gygi said he hasn't ever seen ULCT lobbying for anything that the member cities haven't advocated for. ULCT will put policies in place to make sure the financial issues won't happen again.
CM Zappala said it's laughable that ULCT be labeled liberal when it's populated by conservative officials from throughout a conservative state.
The resolution was rejected 4-1 with CM Crawley voting to discontinue. We will continue as members of ULCT.
Review/Action Related to Resident, Staff, and Council Use of Golf Course
Councilmember Rob Crawley has proposed two resolutions:
1) Whereas elected officials have a responsibility to vote in an unbiased manner regarding the spending on the golf course. Whereas the golf course represents an asset that has significant costs to residents that benefit in varying degrees from the golf course. Whereas free golf awarded to elected officials can give bias in fact and/or bias in appearance to elected officials: Therefore, the City Council resolves that from this time forward, neither current elected officials, nor previously elected officials, shall be given preferential treatment over residents in regards to usage of golf course facilities including green fees, driving range usage, golf carts usage, product purchases, etc.
CM Geddes said he's a golfer. He didn't run for City Council to get free golf. He's been a season pass holder since golf course opened. Proud that he knows the golf course, where things need to be fixed. He loves taking his friends and neighbors to the course. Feels his contribution to revenue has been helpful. Feels this is a great benefit for officials and employees. It's a great way to enjoy nature and get exercise. Wishes more council members would use it so they are aware of what's going on at the golf course and driving range. Isn't offended by this and is happy to pay for his golf, but wishes the City Council would use the benefit. Recommends we continue the policy of free golf and encourages City Council to get friends and neighbors on the golf course. Every resident gets a coupon for one round of free golf every year, but very few people use it. Less than 30 did this last season. It's not a perk outside the realm of the norm.
Mayor Gygi said a policy has been in place that elected officials only get free golf if they bring paying customers with them. This was more of a recommendation than a policy, so this would make it a policy. Wishes people were bringing golfers every single week and golfing. Solution is listed below in #2, below.
2) Whereas the golf course is rarely operating at capacity, and the more paying customers that the city can attract, the less financials resources are required to subsidize the golf course: Therefore the City Council resolves that all residents, employees and elected officials are allowed a free golf game when bringing with them a minimum of two additional customers paying full price for green fees.
I don't have a strong opinion either way, but my only concern is that is singles out only one type of our recreation offerings, where we don't give the option for free recreation programs for basketball, soccer, etc. Some families may never want to golf but would like to get a free sign up for basketball if they enroll 3 kids.
CM Zappala said if we make it permanent, he would limit to a certain number of times per year as we might see a loss in revenue.
Chandler said he recommends it be a six-month trial to see how it goes.
#1 was rejected 4-1, but #2 was approved 5-0 stating that all residents get free golf when bringing with them three full paying customers, and this policy will be in place for two months as we determine the impact. Elected officials and employees were not included in #2.
Review/Action Amending Code Related to Performance Guarantees
In 2015, legislation was passed that changed the duration and amount of durability bonds that contractors and developers posted as part of making public infrastructure improvements. Currently Cedar Hills requires a 20% durability bond to be held for two years. Changes restrict that limit to 10% for a term of one year. This was approved.
Discussion on AF Canyon Water and Soil Testing
Cedar Hills has taken water, soil, and sediment samples throughout the City
-Water sample at pond 10 weir
- Sediment sample at pond 10
- Water sample at pond 12
-Soil sample at Mesquite Park
-Water sample at Heritage Park diversion dam
-Sediment at Heritage Park near amphitheater
-Sediment sample at hole 10 green
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