american fork city council october 25, 2016 · pdf fileamerican fork city council october 25,...

AMERICAN FORK CITY COUNCIL

OCTOBER 25, 2016

REGULAR SESSION MINUTES

ATTACHMENT

Members Present:

James H. Hadfield Mayor

Kevin Barnes Councilman

Carlton Bowen Councilman

Brad Frost Councilman

Rob Shelton Councilman

Jeff Shorter Councilman

Staff Present:

Camden Bird Admin Analyst

Wendelin Knobloch Associate Planner

Terilyn Lurker City Recorder

Kriss Garcia Fire Chief

David Laycock Fire Chaplain

Judy Thimakis HR Manager

George Schade IT Director

Cherylyn Egner Legal Counsel

Derric Rykert Parks and Recreation Director

Darren Falslev Police Chief

Sam Liddiard Police Lieutenant

Audra Sorensen Public Relations/Economic Development Director

Dale Goodman Public Works Director

Adam Olsen Senior Planner

Also present: John Woffinden, Jason Burningham, Jeff Wells, Jim and Becky Olson, Randy

Hallam, Jose Ojeda, Steve Smoot, Marsha Broadway, Nate Benson, and approximately 20

members of the public.

REGULAR SESSION

The American Fork City Council met in a regular session on Tuesday, October 25, 2016, in the

American Fork City Hall, 31 North Church Street, commencing at 7:30 p.m.

1. Pledge of Allegiance; Prayer by Fire Chaplain Dave Laycock; roll call.

Mayor Hadfield welcomed everyone to the meeting. Those present recited the Pledge of

Allegiance and Fire Chaplain David Laycock offered a prayer. Roll call was taken.

Mayor Hadfield invited the scouts to introduce themselves:

Troup 829: Justin Christensen

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Troup 1123: Caleb Wynn, Kyler Nelson, Parker Andrew, Connor Perkins

Mayor Hadfield invited the scouts to consider projects in American Fork City when the

time comes to decide upon an Eagle Scout Project.

2. Twenty-minute public comment period - limited to two minutes per person.

Russell Smart made a comment regarding the trail system that is part of the Smart

property annexation. He stated that they would like a small trail that would fit into the

subdivision, and he requested that the City take responsibility for trail maintenance.

Nate Benson addressed the issue of parking in the neighborhood surrounding American

Fork High School. During school hours, the students park their cars up and down the

surrounding residential streets. This is unsafe for pedestrians and other drivers. Mr.

Benson and several of his neighbors had signed a petition to change the City’s parking

ordinance in order increase the amount of parking allowed in front of the high school.

Mayor Hadfield agreed that the parking situation around the school was terrible because

the school sells four times more parking passes than their available parking stalls. He

stated that this issue should be addressed with the school rather than the City.

Councilman Frost stated that there was a homebased daycare business in the

neighborhood that has experienced hardship because of parking issues. The homeowner

has illegally placed traffic cones in front of her home to discourage parking, but it was

not affective. Councilman Frost reported that he had spoken with the principal, and the

principal was aware that there was a problem but he believed that the issue needed to be

resolved with the district as opposed to the school itself.

Mr. Benson commented that students have actually parked in his driveway before, and he

has had those vehicles towed.

Councilman Barnes suggested that the neighbors raise this issue during a School Board

Public Meeting. Mayor Hadfield agreed. He stated that it would be costly for the City to

try to enforce this issue.

Mr. Benson stated that there was parking available at the nearby driving range, but the

students find it easier to park on the street rather than walking from the driving range.

Councilman Shelton commented that the school district did not have jurisdiction over

City roads, and there was little they could do. He wanted some input from the police

department regarding enforcement issues.

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Sam Liddiard was a member of the police department, but he addressed the Council as a

citizen. He presented photographs of the parking conditions brought up by Mr. Benson.

Mr. Liddiard stated several neighbors have either put up cones or “No Parking” signs to

try to keep their streets free from parking, but neither of these actions can be done legally.

The current parking ordinance prohibits parking on the street on the entire length of the

school property; however, a portion of that area is fronted by a fence. Mr. Liddiard

suggested that the ordinance be amended to allow parking in front of this fence,

essentially expanding the parking area around the school itself. He hoped that this would

give the residential roads some relief. Mr. Liddiard also commented that the police

department does not have the resources to enforce parking in this area every day.

Mayor Hadfield asked if the parking issue interfered with mail delivery. Mr. Liddiard

stated that the postal worker will not deliver mail if the area around the mailbox is

blocked. He experienced similar problems with garbage removal.

Councilman Shelton asked if they could schedule a work session with staff and the school

board so that these concerns could be addressed. Mayor Hadfield believed that the

school board needed to take a more active role in resolving this issue.

Mr. Liddiard explained that the police department has met with the principal of the high

school in the past, and they continually claim that this issue needs to be resolved with the

City. Mayor Hadfield asked staff to schedule a meeting with the school board to address

the issue.

Marsha Broadway stated that she was a member of the HOA Condominium Board for the

Mira Vista Development, and they were in the process of dividing the triplex and twin

homes from the condos in the development. Ms. Broadway informed the City Council

that the developer of the project filed a lawsuit against the HOA Condo and PUD

Association the previous day, which was accompanied by a temporary restraining order

which would prevent any action against him in the development of Phase IV. The

restraining order would be in effect until November 3rd, at which time the court would

make a decision on the litigation. She asked that Item 4 of the Common Consent portion

of the agenda be removed until the legal issue has been resolved.

Councilman Shelton explained that an agreement was made with the developer which

guarantees certain the items that the developer was responsible to complete. Once those

guarantees are met, the developer can seek a release of funds from the City for those

items. Councilman Shelton did not believe the City had any legal right to withhold those

funds if the guarantees were met. He asked if the lawsuit was related to the items for

which the developer was seeking funds. Ms. Broadway responded that they had just

received the lawsuit information and had not yet given the paperwork to an attorney for

review.

October 25, 2016 4 | P a g e

Dale Goodman, Public Works Director, explained that a developer can bond for items

owned and operated by the City, typically infrastructure and roadside landscaping. The

funds are held by the City to ensure that they are properly installed. Once these items are

completed, the City can release the money to the developer. This developer was

requesting a partial release. Mr. Goodman confirmed that the items for which the

developer was seeking the fund release had been completed correctly, and the City was

satisfied with the work.

Steve Smoot, the developer of the Mira Vista Development, explained that the lawsuit

was separate from the request for release. The issue with the HOA involved landscaping

in the park area and around the homes. The HOA and residents did not want the trees to

be installed as shown on the landscaping plan, and Mr. Smoot had agreed not to install

them. He had a written agreement with the HOA about this issue, but he had not

submitted an amended landscaping plan. In regards to the partial release, Mr. Smoot

stated that he had requested this release more than a year ago, but the request was delayed

because of a modification to the bond for water rights. He asked that the consent item

remain on the agenda.

Mayor Hadfield commented that Ms. Broadway’s concern did not seem to involve

anything related to the partial release request.

Adam Olsen, Senior Planner, stated that staff had requested an updated landscaping plan

from the developer. Mr. Smoot stated that he had a letter from the previous HOA Board

that explained their agreement regarding the trees.

There was a discussion regarding the detention pond shown on Plats B and C. Mr.

Goodman stated that there had been a few issues with grass seed, but that should be

resolved in the spring.

Ms. Broadway stated that the HOA of Condominiums had not received any letter

releasing them of financial responsibility for the detention pond. The last agreement

showed the financial responsibility being shared between the HOA and the developer.

She requested that the partial release be delayed until after these issues and the legal

litigations were resolved.

Councilman Shelton again stated that the City Council may not be able to deny the partial

release if the developer has satisfactorily completed the items for he was requesting

funds.

Cherylyn Egner, Legal Counsel, explained that she was familiar with the development,

but not the restraining order. In regards to the partial release, the City Engineer had gone

through each line item to be sure that it was completed to City standards. Ms. Egner

stated that the detention pond was not one of the items bonded, so that is not something

October 25, 2016 5 | P a g e

for which the City can withhold funds. According to the report from the City Engineer,

the only remaining issue was landscaping.

Dennis Thorne commented on the dedicated trail easement going through his subdivision.

He had received communication stating the City had abandoned their plans for a City-

wide walking trail, including the portion in his neighborhood.

Mr. Olsen stated that this easement had not been abandoned, and it was still in the City

plans. This trail would eventually connect the Murdock Canal Trail to the Southern Rail

Trail along State Street.

3. Council Reports concerning Committee Assignments.

Councilman Barnes reminded the City Council of the Veterans Day Program which

would take place on November 11th at the American Fork Tabernacle. The community

was invited and encouraged to attend.

Councilman Bowen reported that the Beautification Committee met again and had

finished the Yard of the Month Award. Their next project was the Scarecrow

Competition taking place on the upcoming Saturday. He encouraged any interested

parties to bring their scarecrows to Main Street between 100 West and 100 East on

Saturday morning to be judged by the Committee.

Councilman Frost had nothing to report.

Councilman Shelton reported that he was able to accompany the Timpanogos Rotary

Club as they delivered dictionaries to all of the third graders in the school district. This

project was intended to encourage literacy and increase reading levels in children.

Councilman Shelton also commented on the success of the Steel Days Committee social

for the work they did this year.

Councilman Shorter reported on the repair of the elevator at the library, and the need for

new Library Board Members and volunteers.

4. Mayor's Report

Mayor Hadfield reported on his attendance at the ribbon cutting events for the Black Bear

Diner and Ulta Beauty Supply. He stated that American Fork City is continuing to grow

well, and sales tax revenues reflect that growth every quarter. On the previous Saturday,

Mayor Hadfield had the opportunity to present awards for the Mary Kawakami Speech

Contest.

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

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unless removed from the Common Consent Agenda by the Mayor or a Councilmember and

placed in the action items.)

1. Approval of the October 6, 2016 Minutes

2. Approval of the October 11, 2016 Minutes

3. Approval of the city bills for payment (October 9, 2016 to October 25, 2016) and

purchase requests over $25,000.

4. Approval of a partial release for the performance guarantee bond in the amount of

$294,433.60 for the Mira Vista Subdivision Plat B and C located at 502 South 1040 East.

(Requested by Dale Goodman, Public Works)


$167,653.00 for Easton Park Phase I located at 650 South 860 East. (Requested by Dale

Goodman, Public Works)


$211,744.00 for Rivulet Apartments located at 860 East 460 South. (Requested by Dale

Goodman, Public Works)

Councilman Bowen asked that item 4 be moved to the regular action item agenda.

Councilman Shelton moved to approve items 1, 2, 3, 5, and 6 of the common consent

agenda. Councilman Shorter seconded the motion. Voting was as follows:

RESULT: APPROVED [4 TO 0]

MOVER: Rob Shelton, Councilman

SECONDER: Jeff Shorter, Councilman

AYES: Kevin Barnes, Brad Frost, Rob Shelton, Jeff Shorter

ABSTAIN: Carlton Bowen

ACTION ITEMS

CC4. (Moved from Common Consent Agenda) - Approval of a partial release for the

performance guarantee bond in the amount of $294,433.60 for the Mira Vista Subdivision

Plat B and C located at 502 South 1040 East. (Requested by Dale Goodman, Public

Works)

Councilman Shorter moved to approve item #4 from the common consent agenda,

the partial release for the performance guarantee bond in the amount of $294,433.60

for the Mira Vista Subdivisions Plat B and C. Councilman Frost seconded the

motion.

Councilman Bowen asked for a delay in approving this partial release to allow him time

to review the improvements made by the developer.

October 25, 2016 7 | P a g e

Councilman Bowen moved to table the item. The motion died for lack of second.

Mayor Hadfield called for a vote on Councilman Shorter's motion. Voting was as

follows:


MOVER: Jeff Shorter, Councilman

SECONDER: Brad Frost, Councilman


NAYS: Carlton Bowen

1. Review and action on a resolution appointing City representatives to the Taxing Entity

Committee. (Requested by Audra Sorensen, Administration)

Mayor Hadfield explained that Adam Olsen and Brad Frost would be the City

representatives.

Councilman Shorter moved to approve Resolution No. 2016-10-33R appointing

representatives of the City to serve on the Taxing Entity Committee. Councilman

Shelton seconded the motion. Voting was as follows:



SECONDER: Rob Shelton, Councilman



2. Review and action on a resolution authorizing the Cooperative Agreement with American

Fork RDA and AF Utah, LLC for grant funding. (Requested by Audra Sorensen,

Administration)

Councilman Shorter moved to approve Resolution No. 2016-10-34R authorizing the

Cooperative Agreement with American Fork RDA and AF Utah, LLC for grant

funding. Councilman Frost seconded the motion.

Councilman Bowen explained the purpose of the Cooperative Agreement for the sake of

the residents present. As Councilman Bowen was opposed to seeking federal funding for

local projects, he would be voting against the agreement.

Councilman Barnes stated that there were questions raised during the work session

regarding the use of the words “may” and “will” within the agreement. He believed that

“may” indicated things that could be done at the City’s discretion. Councilman Barnes

also questioned to what extent the City was obligated to assist RDA developers in

preparing grant applications.

October 25, 2016 8 | P a g e

Mayor Hadfield explained that the City would be dictating the size of the utility lines

being installed, as they need to identify the needs of the City. The developer was

responsible for the rest.

The draft agreement has been attached to these minutes as requested. (See Attachment

#1).

Mayor Hadfield called for a vote on the motion. Voting was as follows:





NAYS: Carlton Bowen

3. Review and action on a resolution indicating the City's intent to annex the Dixie Fenn

American Fork Plat A Annexation consisting of 171.15 acres at approximately 600 South

800 West. (Requested by Terilyn Lurker, Recorder)

Mayor Hadfield explained the location of the annexation. Mr. Hallam, the applicant,

noted the map was incorrect and needed to include an additional parcel. Ms. Lurker

indicated she did have an updated map.

Councilman Frost moved to approve Resolution No. 2016-10-34R indicating the

city’s intent to annex the Dixie Fenn American Fork Plat A Annexation consisting of

approximately 196 acres at approximately 600 South 800 West. Councilman Bowen

seconded the motion. All were in favor. Voting was as follows:

RESULT: APPROVED [UNANIMOUS]

MOVER: Brad Frost, Councilman

SECONDER: Carlton Bowen, Councilman

AYES: Kevin Barnes, Carlton Bowen, Brad Frost, Rob Shelton, Jeff Shorter

4. Review and action on an ordinance approving a zone map amendment from the RA-1

Residential Agricultural to the R-1-12,000 Residential zone, located at 992 North 150

West. (Requested by Adam Olsen, Planning)

Councilman Shelton moved to adopt Ordinance No. 2016-10-50 approving a zone

map amendment from the RA-1 Residential Agricultural to the R-1-12,000

Residential zone, located at 992 North 150 West. Councilman Shorter seconded the

motion. Voting was as follows:

October 25, 2016 9 | P a g e





5. Review and action on the final plat of Bromley Meadows Subdivision Plat B, consisting

of one lot, located at 992 North 150 West. (Requested by Adam Olsen, Planning)

Councilman Shorter moved to approve the final plat of Bromley Meadows

Subdivision Plat B, consisting of one lot, located at 992 North 150 West 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 5, 2016

Planning Commission meeting. Councilman Shelton seconded the motion. Voting

was as follows:

RESULT: ADOPTED [UNANIMOUS]




6. Review and action on an Ordinance approving amendments to the Development and

Construction Standards for trails and street cross sections. (Requested by Terilyn Lurker,

Recorder)

Mr. Olsen stated that this item was heard by the Planning Commission, and they

recommended approval of the application. When the application for the Smart

Annexation Agreement came forward, it brought up some questions on the trail system

within the City, appropriate trail widths, and their connection to established right-of-

ways. The Engineering and Planning departments were instructed to research the issue.

Mr. Olsen reported that a consultant had been retained to study the trail system and make

recommendations. Those recommendations were included in the staff report.

Councilman Bowen asked what the consultant recommended in regards to the trail widths

of the trails through the Smart property. Mr. Olsen stated that the ASHTO standard was

between 10 and 14 feet for trail widths. The consultant recommended that the trails on

this property be 10 feet wide with a three foot park strip.

Councilman Shelton was concerned that including a wide trail in this area would create

an unwanted difficulty for the residents, including the removal of some mature trees and

cement mailboxes. He believed there were other options that had not yet been explored.

He suggested an eight foot path.

Mr. Olsen commented that an eight foot wide path could be negotiated. ASHTO did

October 25, 2016 10 | P a g e

allow eight foot widths in retro-fit situations. Mr. Olsen reminded the Council that they

needed to look beyond the subject property and consider what trail widths would be

required throughout the City.

Councilman Shelton asked if maintenance would be the responsibility of the homeowner

or the City. Mr. Olsen was unsure.

Councilman Frost asked if the City Council wanted to step back and rethink the trail

system. He was concerned with the financial burden the trail installation would place

upon the City, and he felt that the recommended width was excessive. Mr. Olsen stated

that the City Council could alter the document to require an eight foot wide trail rather

than 10 feet if they felt that was appropriate. It was not necessary to send the application

back to the Planning Commission.

Councilman Shelton agreed that the wider path would be expensive to install. Overall, he

was not in favor of the trail system, as it caused safety issues.

Councilman Frost felt that the issue could be further vetted, and requested that a work

session be scheduled to discuss the trail system.

Councilman Bowen understood that the Smart Annexation Agreement stated that the trail

alignment would continue from 1190 East behind the homes as a separate trail. He stated

that he was willing to table the issue for further discussion.

Councilman Bowen moved to table the item.

Mr. Olsen asked for clarification on what the City Council would like the Engineering

Department to study further. Councilman Frost believed that they needed to rethink the

overall trail plan, including required trail widths. Councilman Shelton asked that staff

research the trail system plans of the surrounding municipalities, so that American Fork

trail could connect into them accurately. He also wanted to see more accurate cost

estimates.

Councilman Frost asked Mr. Olsen if he felt that the consultant had provided information

that was thoroughly vetted and fair. Mr. Olsen trusted the professionalism of the

consultant and the research he had done. In his opinion, the main question in regards to

the Smart Annexation Agreement was the trail width. If the City Council felt that eight

feet was sufficient, then they should alter the agreement to reflect that. Councilman Frost

was not convinced that they had received sufficient data to support an eight or a ten foot

width.

Ryan Bybee stated that the City Engineer had put a lot of work into this issue and had

recommended a ten foot width for engineering reasons. He stated that a work session

October 25, 2016 11 | P a g e

would be valuable in discussing trails in relation to existing right-of-ways and trail

connections. He recommended that the City Council allow the annexation to move

forward.

Mayor Hadfield stated that further discussion on this issue could be put on the agenda in

November.

Councilman Bowen included in his motion that this would be discussed in the

November 3, 2016, work session. Councilman Shelton seconded the motion. Mayor

Hadfield called for a vote on the motion. Voting was as follows:

RESULT: TABLED [UNANIMOUS]

Next: 11/3/2016 3:30 PM

MOVER: Carlton Bowen, Councilman



7. Review and action on an addendum to the City of Fun Carnival contract. (Requested by

Terilyn Lurker, Recorder)

Councilman Shelton explained that there had been a scheduling conflict with the carnival.

The carnival was willing to give the City $5,000 if they agreed to change the date of the

City of Fun Carnival to resolve the scheduling conflict.

Councilman Shelton moved to approve Addendum #1 to the City of Fun Carnival

Contract. Councilman Frost seconded the motion. Voting was as follows:






8. Review and action on a Class "A" Beer License for 7-Eleven Store #36331. (Requested

by Terilyn Lurker, Recorder)

Councilman Shorter moved to approve the Class “A” Beer license for 7-Eleven

#36331 located at 290 West Main Street. Councilman Shelton seconded the motion.

Voting was as follows:

October 25, 2016 12 | P a g e





NAYS: Carlton Bowen

9. Review and action on a Class "C" Beer License for El Mexiquense Grill located at 74 N.

West State Road. (Requested by Terilyn Lurker, Recorder)

Councilman Shelton moved to approve the Class “C” beer license for El Mexiquense

located at 74 N. West State Road. Councilman Shorter seconded the motion.

Marcello Delago, a representative of the business owner, stated that ownership had not

changed; they simply wanted to offer alcoholic beverages at the restaurant.

Mayor Hadfield called for a vote. Voting was as follows:





10. Consideration and action on entering into a closed session to discuss the professional

character and competence of an individual. (Requested by Mayor Hadfield)

Councilman Bowen moved to enter into closed session at 9:15 p.m. to discuss the

professional character and competence of an individual. Councilman Shelton

seconded the motion. Voting was as follows:





The City Council entered into a closed session in a downstairs workroom of the City Hall

to discuss the professional character and competence of an individual. Those present

included Mayor Hadfield, Councilman Barnes, Councilman Bowen, Councilman Frost,

Councilman Shelton, and Councilman Shorter. Also present were Legal Counsel

Cherylyn Egner and Human Resource Director/Interim City Administrator Judy

Thimakis.

See Attachment #2.

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Councilman Shelton moved to return to regular session at 9:50 p.m. Councilman

Shorter seconded the motion. All were in favor.

11. Adjournment

Councilman Shorter moved to adjourn the meeting. Councilman Shelton seconded

the motion. All were in favor.

The meeting adjourned at 9:50 p.m.

Terilyn Lurker

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