AMERICAN FORK CITY COUNCIL OCTOBER 24, 2017 REGULAR SESSION MINUTES

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1 AMERICAN FORK CITY COUNCIL OCTOBER 24, 2017 REGULAR SESSION MINUTES Members Present: James H. Hadfield Kevin Barnes Carlton Bowen Brad Frost Rob Shelton Members Absent: Jeff Shorter Staff Present: David Bunker Camden Bird Wendelin Knobloch Terilyn Lurker Kyle Maurer Aaron Brems George Schade Kasey Wright Colleen Eggett Derric Rykert Darren Falslev Scott Sensanbaugher Adam Olsen Mayor Councilman Councilman Councilman Councilman Councilman City Administrator Admin Analyst Associate Planner City Recorder Finance Officer Fire Chief IT Director Legal Counsel Library Director Parks and Recreation Director Police Chief Public Works Director/City Engineer Senior Planner Also present: Approximately 10 other people. PUBLIC HEARING The American Fork City Council met in public hearings on Tuesday,, in the American Fork City Hall, 31 North Church Street as follows. 7:20 p.m. Received public comment on declaring certain property surplus and to be disposed of. There were no comments. The public hearing was closed at 7:21 p.m. 7:25 p.m. Received public comment on the vacation of a public right-of-way on 900 East from approximately 100 South to Bamberger Drive. 1 P a g e

2 Mayor Hadfield explained this would be giving back to the property owners and the City would work with the new owners in the future. There were no comments. The public hearing was closed at 7:26 p.m. REGULAR SESSION The American Fork City Council met in a regular session on Tuesday,, in the American Fork City Hall, 31 North Church Street, commencing at 7:30 p.m. 1. Flag Presentation by the Police Department and Fire/Rescue Department; prayer by Fire Chaplain Laycock; roll call. Mayor Hadfield welcomed everyone to the meeting. He excused Councilman Jeff Shorter who was out of the State. The flag was then presented, a prayer was offered by Chaplain Laycock, and call was taken. 2. The new Police Lieutenant and Fire Battalion Chief were introduced and sworn in. City Recorder Terilyn Lurker administered the oath of office for the new Police Lieutenant and the Fire Battalion Chief. Pictures were then taken. 3. The new Public Works Director and Human Resource Manager were introduced. D'Le Borg and Scott Sensanbaugher came forward. D'Le Borg is the new Human Resources Manager. She has over 25 years of experience, which includes employment with the Bank of American Fork. She has a Master s degree in Human Resources, a married daughter and two grandchildren. Scott Sensanbaugher is the new Public Works Director/City Engineer. He has Bachelor s and Master s degrees in Civil Engineering from BYU. He has worked in New Mexico and recently worked with capital construction projects for the City of El Paso. He is married and has one son. Chief Falslev introduced Lieutenant Paul. Lieutenant Paul completed the promotion process, which included extensive testing. He graduated Weber State Police Academy at the top of this class. Lt. Paul completed his Bachelor s degree with high honors in Social Justice and went on to earn his Master s degree in Public Administration. He recently graduated from the FBI Command College. He thrives on facing and overcoming challenges. He is married with three children. Chief Brems introduced Eddie Hales. Eddie was born and raised in Pleasant Grove. He has an Associate s degree in Emergency Services and Bachelor s degree from Utah Valley University, as well as a Bachelor s degree in Fire Sciences from Columbia Southern University. He is a third generation firefighter. He began his fire career in Pleasant Grove in 2001 as a volunteer firefighter. In 2007, he accepted a full time position with the Lehi Fire Department. He has worked part time with American Fork since He is excited for the future growth of 2 P a g e

3 American Fork City and providing the highest level of care and customer service for citizens. Eddie is married with four children and loves to camp. Mayor Hadfield had the boy scouts introduce themselves: Troop 19: Troop 810: Troop 824: Troop 1153: Troop 1184: Zachary Gray Nathan Childs, Gabe Judy, Nathan Snow, Brenton Winn Joshua Fensermaker, James Snow Mitchell Hendershot Dakota Dollar, Dax Dollar, Preston Clegg, Austin Dollar, Brodin Dollar 4. Twenty-Minute Public Comment Period - Limited to two minutes per person. There we no comments. 5. City Administrator's Report. City Administrator David Bunker reported there will be a Mountainland Association of Governments open house from 4:00 to 6:00 p.m. on Wednesday for a traffic and transportation presentation. The City Planner will be at the meeting presenting the land use map. He reported that staff members will be doing a day of service, collecting food items on November 9 th for Tabitha's Way for Thanksgiving meals. He thanked the staff for their willingness to participate. 6. Council Reports Concerning Committee Assignments. Councilman Barnes stated that Main Street Trick or Treat would take place from 3:00 p.m. to 5:00 p.m. on Halloween. He also reported that two weeks ago there was a water line burst. The water break started at 7:00 p.m. and lasted until 3:00 a.m. and he expressed gratitude to City employees responded to the incident. On November 11, the Veterans Day Program will be held at the American Fork Junior High school at 11:00 a.m. He thanked all the military and their families for the sacrifices they have made. He congratulated the Police and Fire Departments for the great program tonight. He also congratulated those who were promoted. Councilman Bowen expressed thanks for the gold star parent, Councilman Barnes. He congratulated the new battalion chief and the new lieutenant. He also welcomed the new employees. Councilman Frost welcomed the new employees. He stated that a great process was used to find the employees. He also reported that the pressurized irrigation was recently turned off, which was no small feat. He said Utah was blessed with a good snow pack this year. He thanked all those who worked hard to get things done. Councilman Shelton said that he attended the dispatch service meeting. The board approved allowing Nephi and Juab into the district. There will be a presentation and vote before Council in coming months to approve a new entity for dispatch service across county lines. There was a need for the fire department to make sure there was adequate equipment in the north end of the 3 P a g e

4 valley. He congratulated the new employees and the newly promoted employees. He stated that there were a lot of great things happening. He said he had attended a movie about the Arizona Hot Shot firefighters and thanked those who work in public safety. 7. Mayor's Report The Mayor thanked Brad Frost for representing the City at the Quick Quack Car Wash grand opening last week. COMMON CONSENT AGENDA (Common Consent is that class of Council action that requires no further discussion or which is routine in nature. All items on the Common Consent Agenda are adopted by a single motion unless removed from the Common Consent Agenda.) 1. Approval of the Corrected September 26, 2017 City Council Minutes 2. Approval of the October 3, 2017 Work Session Minutes 3. Approval of the October 10, 2017 City Council Minutes 4. Approval of a partial release for the performance guarantee bond in the amount of $62, for Easton Park Phase 2 located at 530 South 860 East. (Requested by Dan Rojas, Public Works) Councilman Frost moved to approve the common consent agenda. Councilman Shelton seconded the motion. Councilman Bowen commented that he trusted that an effort had been made to correct the September 26, 2017, minutes. Mayor Hadfield called for a vote on the motion. Voting was as follows: RESULT: APPROVED [3 TO 1] MOVER: Brad Frost, Councilman SECONDER: Rob Shelton, Councilman AYES: Kevin Barnes, Brad Frost, Rob Shelton NAYS: Carlton Bowen EXCUSED: Jeff Shorter ACTION ITEMS 1. Ratification of city payments (October 3, 2017 to October 17, 2017) and approval of purchase requests over $25,000. Councilman Frost moved to approve ratification of City payments (October 3, 2017 to October 17, 2017) and approval of purchase requests over $25,000. Councilman Shelton seconded the motion. The vote was as follows: 4 P a g e

5 RESULT: ADOPTED [3 TO 1] MOVER: Brad Frost, Councilman AYES: Kevin Barnes, Brad Frost, Rob Shelton NAYS: Carlton Bowen EXCUSED: Jeff Shorter 2. Review and action on an ordinance amending Section 17.9 of the city code relating to performance guarantees. (Requested by Terilyn Lurker, Recorder) It was noted that this item had been discussed in previous Work Session and City Council meetings. Councilman Shelton suggested that a couple of changes submitted by the Utah Valley Home Builders Association needed to be addressed. Deann Huish received the new draft and sent this to the State Ombudsman. There was a concern in section (a), which states The amount of the improvement warranty shall be not less than It was noted that this did not follow State law. The language needed to read, The amount of the improvement warranty shall be no more than 10% or Engineer s estimate, whichever is lower. Deann Huish also stated that it was illegal to list the four items identified there. It should say, whichever is lower, of the cost of construction. She explained that this was on the warranties, not the bonds. Councilman Frost asked if staff members saw any problems with the language as presented. Kasey Wright said he was okay with the first change, but disagreed with the second change that was read by Ms. Huish. He said it basically breaks out the construction costs. He said he would revisit the matter if the Council so desired; however, the best action for tonight was to table the item. In response to a question from Councilman Shelton, Kasey Wright stated that this helped define construction costs. Mayor Hadfield liked the idea of having the cost of cleanup listed after completion of construction because the last lot sold was always the recipient of everyone s debris. Councilman Barnes asked Kasey Wright if including but not limited to would work in terms of not excluding other items and using a specific list. He asked if by not listing anything, they included everything. Kasey Wright stated they could take either side, but including the list was more specific about what was included in construction costs. Councilman Shelton asked if there was an appeals authority. Kasey Wright stated that the Ombudsman office did not have any authority to make decisions; however, they did provide 5 P a g e

6 opinions. Councilman Bowen moved to table approval of the ordinance amending Section 17.9 of the city code relating to performance guarantees pending further legal review. Councilman Barnes seconded the motion. Voting was as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: TABLED [UNANIMOUS} Carlton Bowen, Councilman Kevin Barnes, Councilman Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton Jeff Shorter 3. Review and action on an ordinance approving the vacation of a public right-of-way located at 900 East from approximately 100 South to Bamberger Drive. (Requested by Terilyn Lurker, Recorder) This item was included in the public hearing. Councilman Shelton moved to approve Ordinance No vacating the public right-of-way at 900 East at approximately 100 South to Bamberger Drive. Councilman Frost seconded the motion. Voting was as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: APPROVED [UNANIMOUS] Rob Shelton, Councilman Brad Frost, Councilman Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton Jeff Shorter 4. Review and action on an ordinance approving a zone map amendment from the R-2-7,500 Residential to the CC-2 Central Commercial zone, located at 411 West Main Street. (Requested by Adam Olsen, Planning) Councilman Shelton reviewed this item. He asked if the owners were aware of the Americans with Disabilities Act (ADA) requirements. Adam Olsen, City Planner, stated the applicant had already been in contact with an engineer for the site plan. He has also talked to Dan Rojas about those requirements. Councilman Frost moved to approve Ordinance No approving a zone map amendment form the R Residential to the CC-2 Central Commercial zone, locate at 411 West Main Street. Councilman Bowen seconded the motion. Voting was as follows: 6 P a g e

7 RESULT: MOVER: SECONDER: AYES: EXCUSED: APPROVED [UNANIMOUS] Brad Frost, Councilman Carlton Bowen, Councilman Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton Jeff Shorter 5. Review and action on subdivisions, commercial projects, condominiums, and Planned Unit Developments (PUDs) including 1) plat approval; 2) method of satisfaction of water rights requirements; 3) posting of an improvement bond or setting of a time frame for improvement installation; and 4) authorization to sign the final plat and acceptance of all dedications to the public and to have the plat recorded. a. Review and action on an ordinance approving a site plan for the Millpond Apartments located at 79 North 1020 West in the R-4-7,500 Residential zone. (Requested by Adam Olsen, Planning) b. Review and action on the final plat for Millpond Apartments Plat A located at 79 North 1020 West in the R-4-7,500 Residential zone. (Requested by Adam Olsen, Planning) Adam Olsen, City Planner, explained the planning commission discussed these items together but took action separately. This request was to take a couple of parcels and combine them into one lot. The subdivision plat called for an easement for a potential flyover, which was stipulated as part of the development agreement and approved by City Council last year. The plat was straightforward. Adam Olsen stated this came before Council at the end of 2015 for a change to a land use map and zone map from commercial to residential. It was approved, contingent upon a development agreement. Part of the approved development agreement gave a concept plan of the development, and they had to be largely compliant. The layout was changed slightly to a better plan than what was proposed in the development agreement. He pointed out they were providing the required parking spaces. The one area of discussion with the planning commission was a proposed detention pond that was located in the flyover easement. The planning commission was concerned about the detention pond location in the easement, but left the location up to City Council. Staff could recommend the removal of the detention pond from that easement now. If the council chose the option presented to them tonight with the detention pond in the easement, the planning commission recommended an agreement be in place to indicate the detention pond would be moved at the owner s expense in the future. One recommendation was to table approval until the agreement was brought forward. They could also require that the detention pond be moved. Adam Olsen felt that the site plan should be redesigned and moved in the plan. Councilman Frost asked about the purpose of moving the detention pond. Mayor Hadfield said the pond would be built to handle groundwater. He wanted it redesigned and built right the first time. He said the water's natural flow was to go west, and he wondered how the direction to the east would be reversed to go to the west when the flyover was built over the freeway. He wanted the developer to address this issue. 7 P a g e

8 Tom Henroid stated that this was the only outstanding item. He agreed with Mr. Olsen s report and felt a discussion was worthwhile. This was detention water for the site, and was planned to be located on the east side of the development. In their discussions with the City, there wasn't a budget or design for the flyover road, and if the flyover happened it would be a while. They could leave it on the east side of the parcel and move it later, when and if the road comes. They had shown that they could pipe it underground in the parking lot, which is what he proposed to do. He asked if the likelihood of the flyover road could play into Council s decision-making. Councilman Shelton explained his goal would be to have the flyover completed in five years. He didn't understand it being under the asphalt. Mr. Henroid explained that there were some developed areas where landscape was not available. Mayor Hadfield stated there was a system similar near the Olive Garden. Convex plastic pipe system, laid on a bed of gravel, percolated the water and cleaned it before it was put into the ground. Mr. Henroid further explained it was underground water storage. Mayor Hadfield explained that the LDS Church was looking at that type of system with a manhole that handled the cleaning of the water before it percolated into the ground. Mayor Hadfield commented that in an area of high groundwater, they would need a different system. Mayor Hadfield asked if the lands around the millpond were controlled by the Army Corps of Engineers. Mr. Henroid stated it was not in the jurisdiction of the Army Corps of Engineers. Mayor Hadfield asked if the millpond could be utilized. Mr. Henroid stated that they were comfortable with the two designs they had. They had clear direction from the Army Corps of Engineers about the line of improvement that they were allowed to touch. Councilman Shelton asked if they could build the retention pond underground to begin with. Mr. Henroid stated that would be a major positive for his project. It was an expense to put it under the ground. He asked if they could include a note on the plat or other recorded instrument stating the property owner would need to move the detention pond if the road gets installed. Councilman Shelton asked if that would mean they would have to dig up the parking lot. Mr. Henroid answered affirmatively and said this would be an inconvenience; parking would subsequently become an issue. Mayor Hadfield explained the function of American Fork City with the Frontrunner and Transit Oriented Development (TOD). In 2040 and beyond, the TOD would also receive a light rail to connect to. This location was the closest proximity between the Frontrunner and light rail, which was why American Fork viewed the flyover as necessary. They were working on a bus terminal in the Meadows for the growth in the community, with 274 apartments here and 15,000 to 20,000 people living around the TOD. They thought it would happen sooner or later. It would be needed by the Utah Transit Authority (UTA) and the community to make the two rail lines compatible as well as the buses. 8 P a g e

9 Mr. Henroid stated he was dedicated to this project. This was the most fervent discussion he had heard about the flyover. He said if this was imminent, the area should be piped now. Councilman Shelton asked for support in petitioning for funding. Councilman Bowen stated he was opposed to the flyover and thought it would detract from the area. American Fork already had an expensive and nice crossing over If they did the flyover, the City would take on a lot of debt and he was against the debt. He was pleased that this millpond area was finally being developed and supported their right to develop this land. Councilman Barnes asked Kasey Wright and David Bunker if they could word the agreement so that they have a guarantee they will move the pond, if approved. Mr. Wright said they could prepare an agreement that would be upheld. He explained he was involved in a situation similar to this, but when it came time to move the pond there were issues that made it impossible to move it to the agreed upon location. There was then a legal battle. The agreement would be enforceable, but there could be issues down the road that are unforeseen. For these reasons, staff s preference was to move it now to avoid those types of problems. Councilman Frost stated that what Mayor Hadfield described was good forward thinking in transportation. The Meadows flyover was a reality. They would be making an effort to get funding from the State. Council was dedicated to bringing in TRAX and buses without creating a ghetto. He was going to vote to move it to the right location now, and appreciated their buy-in. He hoped they could get the State legislature involved to make this a great place to live. Mr. Henroid agreed. He said it would be beneficial to his residents to access the Meadows, without having to go south and then make a left-hand turn across the freeway. Mayor Hadfield stated Lehi got approval for improvements between Thanksgiving Point and Lehi Main Street. He felt it was better for them to build it right the first time. Mr. Henroid stated that if the flyover was imminent, this made a big difference. Councilman Bowen clarified he was concerned that the flyovers might detract from the area and could lead to an area becoming a ghetto. He would like to see the Patriot Station be a successful development. He also clarified, for the record, that when the lobbyist was hired, Council discussed that the City would probably need to go into debt. Councilman Shelton moved to adopt Ordinance No approving a commercial site plan for the Millpond Apartments located at 79 North 1020 West in the R Residential zone with instructions to the City Recorder to withhold publication of the ordinance subject to (1) all conditions identified in the public record associated with the October 4, 2017, Planning Commission meeting and (2) the detention facility shall be relocated outside of the easement area for the flyover of 1020 West. 9 P a g e

10 Mr. Henroid agreed to install the retention system in the parking lot. Adam Olsen said Council also needed to approve the final plat. Councilman Bowen seconded the motion. Voting was as follows: RESULT: APPROVED [UNANIMOUS] MOVER: Rob Shelton, Councilman SECONDER: Carlton Bowen, Councilman AYES: Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton EXCUSED: Jeff Shorter Councilman Shelton moved to approve the final plat of the Millpond Apartments Plat A located at 79 North 1020 West in the R4-7,500 Residential zone and to authorize the Mayor and City Council to sign the plat and accept the dedications with instructions to the City Recorder to withhold recording of the plat subject to all conditions identified in the public record associated with the October 4, 2017 Planning Commission meeting. Councilman Bowen seconded the motion. Voting was as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: APPROVED [UNANIMOUS] Rob Shelton, Councilman Carlton Bowen, Councilman Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton Jeff Shorter 6. Review and action on a resolution declaring property to be surplus and disposed of. (Requested by Terilyn Lurker, Recorder) Councilman Frost moved to approve Resolution No R declaring certain property to be surplus and disposed of. Councilman Shelton seconded the motion. Voting was as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: APPROVED [UNANIMOUS] Brad Frost, Councilman Rob Shelton, Councilman Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton Jeff Shorter 7. Review and action on an ordinance amending the city code relating to private street cross sections and vehicular access. (Requested by Terilyn Lurker, Recorder) Trent Andrus, of the Engineering Department, explained that up to this point, there were multiple standards for private road cross sections. Many of them were just too narrow, and many did not quite meet fire code. This amendment aimed to create one standard for the City as a whole for private streets. These standards were very close to City standards for public cross sections. The 10 P a g e

11 Planning Commission discussed this item and determined the 62-foot cross section would be preferred, but other alternatives could be approved with special permission by the Planning Commission. Mayor Hadfield explained that the City learned their lesson in South Pointe, with limited offstreet parking and the roads too narrow when cars parked on both sides of the streets. He felt this ordinance was appropriate in the best interests of public safety. Councilman Shelton commented that Council had discussed this frequently. They needed to decide and hold to that standard. He mentioned a development on 600 East and Main Street where the road width was too narrow. The fire engine couldn't make it through. He asked Mr. Andrus if this would be final or if they would come back with another proposal. Trent Andrus stated this definitely met what was needed. Councilman Frost stated that it proved that Council learned from their mistakes and could move forward. Councilman Frost moved to approve Ordinance No amending the city code relating to private street cross sections and vehicular access. Councilman Shelton asked why private developments existed. Trent Andrus explained that the developer saw it as an incentive and there were advantages to having a smaller road cross section. A Homeowners Association (HOA) would be responsible for maintaining the smaller road. Mayor Hadfield explained that the HOA was something that was dictated by law. American Fork allowed public utilities to go in the HOAs because there was an easement to put the water and sewer line in. Mayor Hadfield made a comment about developers moving away from this and installing one meter for a large development. There were some issues with public safety the City would have to address at some point. Councilman Barnes seconded the motion. Voting was as follows: RESULT: APPROVED [3 TO 1] MOVER: Brad Frost, Councilman SECONDER: Kevin Barnes, Councilman AYES: Kevin Barnes, Brad Frost, Rob Shelton NAYS: Carlton Bowen EXCUSED: Jeff Shorter 11 P a g e

12 8. Adjournment Councilman Frost moved to adjourn the meeting. motion. All were in favor. Councilman Bowen seconded the The meeting adjourned at 9:00 p.m. Terilyn Lurker, City Recorder 12 P a g e