AMERICAN FORK CITY COUNCIL NOVEMBER 21, 2017 WORK … · sledding and slip-n-slide rules. Derric Rykert worked with the City’s insurance company on the appropriate verbiage. These

1 | P a g e November 21, 2017

AMERICAN FORK CITY COUNCIL

NOVEMBER 21, 2017

WORK SESSION, SPECIAL 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:

David Bunker City Administrator

Camden Bird Admin Analyst

Wendelin Knobloch Associate Planner

Dan Rojas Chief Building Official

Terilyn Lurker City Recorder

Kyle Maurer Finance Officer

Aaron Brems Fire Chief

Kasey Wright Legal Counsel

Derric Rykert Parks and Recreation Director

Jason Thompson Parks Superintendent

Darren Falslev Police Chief

Josh Christensen Police Sargent

Scott Sensanbaugher Public Works Director

Also present: Barbara Christiansen, Staci Carroll, Kyle Barratt, Ryan Hunter, Josh Walker and

Karissa Neeley.

WORK SESSION

The purpose of City Work Sessions is to prepare the City Council for upcoming agenda items on

future City Council Meetings. The Work Session is not an action item meeting. No one attending

the meeting should rely on any discussion or any perceived consensus as action or authorization.

These come only from the City Council meeting.

The American Fork City Council met in a work session on Tuesday, November 21, 2017, in the

City Administration Office Conference Room, at 51 East Main Street, commencing at 3:30 p.m.


1. Discussion on Park Rules and Regulations. (Requested by Derric Rykert, Parks and

Recreation Director)

Derric Rykert, Parks and Recreation Director, started by explaining this was an update to a

previous discussion. He said staff wanted to maximize the use of the City parks and as such the

Parks and Recreation Department would be placing some park rules signs in City parks. He

indicated the signs would be posted in each park, and be similar in design to “No Parking” signs.

There were some additional signs for certain parks. For instance, there would be a sign specific to

sledding and slip-n-slide rules. Derric Rykert worked with the City’s insurance company on the

appropriate verbiage. These signs would allow sledding activities during the winter and would

also allow the parks to temporary close the hill, if needed. It was a “use at your own risk” activity.

Councilman Bowen asked if sledding would be allowed in inclement weather and at nightfall.

Derric Rykert explained that the statement on the signs about not using in inclement weather and

in the dark was designed to place liability on the participant. Councilman Bowen said they may

not want to post policies that would be blatantly ignored, since people often sled in snowstorms

and at night. Derric Rykert said that he was not an attorney, but the language came from the City’s

insurance company. Kasey Wright, Legal Counsel, said this was at the advice of the insurance

company, and they supported the City on this usage of this language. Councilman Bowen said he

didn’t think they should include rules.

Councilman Bowen stated that the City had immunity on the parks, unless they were negligent.

Kasey Wright said the decision ultimately rested with the Council; however, since insurance

companies had previously dealt with these types of situations, they recommended specific

language.

Councilman Bowen asked if there had been any lawsuits. Councilman Shelton said he was aware

of one potential lawsuit in which a young boy was sledding and hit a tree and was in a coma for a

while.

Councilman Bowen thought that posting these rules could almost make the City more liable since

they were allowing sledding. He thought they needed to use common sense. He also objected to

the wording, “Facility is designed for sleds only.” He didn’t think any of the facilities were

designed for sledding.

Councilman Barnes said he interpreted “sleds only” as a sled with runners, not tubes or saucers.

Councilman Frost thought they should give a better definition of the term “sleds.” David Bunker,

City Administrator, said since no facilities were designed specifically for sledding, they could take

that line out.

Councilman Shelton asked if the rules could be listed as facility use recommendations, rather than

facility rules. Derric Rykert said he would relay the matter back to the insurance company.


David Bunker suggested including “No Motorized Vehicles,” on the signs. Kasey Wright said he

liked the “recommendation” terminology. Councilman Frost suggested the wording, “Using in

inclement weather may create unsafe surfaces for sledding.”

Derric Rykert continued with a discussion of the slip-n-slide rules. He said the parks were trying

to accommodate usage while putting the liability on the user. He said he would ask the insurance

company if they could change the wording from “rules” to “recommendations.” The Council felt

the slip-n-slide recommendations were similar to the sledding recommendations.

Councilman Frost said he was confused because the City was allowing for the hill for the slip-n-

slide, but not the use of water. Derric Rykert indicated that was his proposal. He explained that

the water in the park was for secondary irrigation and the Parks were trying to stay out of the

business of providing the water for those activities. Jason Thompson, Parks Superintendent, said

there were two residents who charged fees for water for the slip-n-slide. Councilman Frost noted

if the City provided the water, they could also stop the water if there was damage to the property.

Councilman Barnes suggested including the language “Use at your own risk” in big, bold lettering.

Derric Rykert showed other signs that regulated usage at different parks. The last sign he presented

was intended to prevent people from using fields after they had been prepped for games.

Councilman Shelton asked if the dispatch phone number should be listed in case staff was not

available. Derric Rykert said he would take the suggestions back and would bring the proposal

back to Council for more discussion at a later date.

2. Report on the Deer Harvest Program. (Requested by Terilyn Lurker, Recorder)

Chief Falslev and Sergeant Christensen were at the meeting for a presentation on the urban deer

program, which was a three year program that started this year. They had harvested 15 deer so

far. The majority of the deer were near 700 North and 900 East. The program started on September

25, and the first deer was harvested on October 4. The program would continue until December.

They expected to end up with approximately 15 more deer. This program cost the City $4,500

every year. If the City re-implemented the program at the end of the three-year term it would fall

under new pricing, and the City would be charged $2,500 per location. Chief Falslev and Sergeant

Christensen reported that they harvested deer from four locations this year, which would cost

$10,000 if they continued to harvest from the same locations in the future. They explained that the

City did not have to continue at each location; however, harvesting areas would depend upon the

locations of the deer each year.

Sergeant Christensen said if they had a buck and a doe at the same time, they chose the doe first.

Highland had a high buck-to-doe ratio, whereas American Fork’s ratio was lower.

David Bunker asked if they had information about the total number of deer in the area. Sergeant

Christensen said he did have some numbers, but they were not readily available.


Sergeant Christensen then explained there were 100 tags allotted at present. One issue that slowed

them down near the amphitheater was the high use of the wooded area by juveniles. If there was

a need for more tags, they could look into the matter. Mayor Hadfield asked Sergeant Christensen

to send the report to Mr. Gunther to apprise him of the situation as well.

3. Report on Steel Days 2017. (Requested by Terilyn Lurker, Recorder)

Councilman Shelton distributed copies of the Steel Days magazine to each Council Member and

remarked that this year was a success. He expressed appreciation to Kyle Maurer, Finance Officer,

for helping him get the numbers together. He explained that it was hard to get an accurate financial

picture because the event spanned two budget periods. Councilman Shelton stated that the event

improved each year. He looked at the financials for the event when he was given the assignment.

Some cities charged for every activity and the Steel Days Committee wanted there to be more of

a balance of funding.

The Picnic in the Park was free to the community and required the service of many volunteers.

They decided to go back and bid out every service. The money saved allowed them to employ a

paid service, versus using volunteers. Last year, the Steel Days Committee took over Concerts in

the Park. Historically, there were two men who donated time for the audio. Last year, the Parks

Department spent just over $10,000 for the concerts in the park for the entertainment portion, using

volunteers. This year, they bid out the audio-visual services, which came to $5,490. Entertainment

was $3,500, with each performer being paid $500. The total expenditures were $8,990, which was

$1,000 under budget and relieved the pressure put on staff. He expressed appreciation for Camden

Bird, Jason Thomson and the Parks crew.

For the Fun Run, the Committee offered a nice medal. They wanted the event to provide a strong

sense of community. They outsourced the 5K Run, which he thought was fantastic. He stated that

one issue that arose this year was a water main broke in the middle of one of the streets along the

route. Councilman Shelton appreciated the way the police jumped in and re-routed the race. The

Steel Days Committee did not gain a lot of revenue from that event. There was one complaint

about the cost, but they went back and looked at the market for 5K races, and found that they were

right in the middle. Runtastic offered a discount for people who volunteered at other running

events. Councilman Shelton thought the cost was $35, but there was an early bird special. The

Committee was looking at a multi-year contract with Runtastic to get better pricing; furthermore,

they were the experts and their involvement took some of the burden off the Committee.

The City went about $20,000 in the hole for this event, but with the added staff time, the true cost

was about $40,000. Councilman Shelton stated the Committee had a great relationship with the

Chamber of Commerce. They outsourced marketing and sponsorship for the event to the Chamber

of Commerce, which really helped the Steel Days Committee. Councilman Shelton stated the

Chamber took over the Business Expo at the Picnic in the Park, which was efficient and beneficial.

The Committee was also looking into how they could bring back revenue and offer more service


to residents. American Fork did not have a large event to generate revenue, but they were looking

for some type of an opportunity. For example, they started charging for parade entries.

Councilman Shelton thanked Barbara Christiansen for her pro-bono work for the City. He also

noted that David Bunker’s wife was the professional photographer at the event.

Councilman Frost commented that it was a great week. He said that the car show and cruise was

a huge event and recognized that a lot of work went into pulling everything together.

Councilman Shelton said the biggest question was regarding the dates for next year. It was

tentatively set for July 14-21, with the carnival contracted for the 19, 20, and 21. The Committee

was hoping to continue the Car Show/Cruise the prior week. Councilman Shelton expressed

appreciation for David Bunker, Angie Katoa, Josh Christensen, and Leif Nelson, who attended all

the meetings.

4. Discussion on Revisions to Utility Connections. (Requested by Terilyn Lurker, Recorder)

Mayor Hadfield explained that these revisions came about as a result of the high density housing

and contractors who wanted to install one meter for large housing units. The City was losing fees

as a result.

David Bunker said developers wanted their utility accounts set up for multi-family units. When

they put in the numbers for utility bills, the owners were concerned about the high cost. There

were also some discrepancies in how a unit was defined. Right now, it showed a water fee schedule

per unit, whereas some were per meter. That raised a question, and the City Code listed the charge

as per unit. The sewer fee schedule was the same. David Bunker read from the sewer Code which

stated that separate connections were required for each unit unless a design dictated otherwise. In

that case the applicant must provide adequate documentation and an exception could be made.

David Bunker stated that there was a lot of ambiguity in that paragraph of the Code. They did have

some recently-approved units where one meter was used for a four-plex or a six-plex. Angie Katoa

was trying to get the base rate into the system correctly, which had been proven to be challenging.

Additionally, there were issues with storm sewer utility fees. It was $6 per Equivalent Service

Unit (ESU), which for a single family unit equaled 1 ESU (3,400 square feet impervious area).

With irrigation, the base fee for residential was $21.68.

The Code stated the metering should be per unit; however, if there was only one unit they would

take a ratio of the permeable area to calculate a rate per square foot for four units. This created

confusion about how much they had to pay per unit. The big issue was that the fee schedule for

multi-family and commercial units had the same rate structure.

Mayor Hadfield asked if they wanted to modify the ordinance. David Bunker said that was where

they are heading. Mr. Bunker said there were several multi-family units, and thousands in the

works going forward. Right now, the single-family historical water use was 5,600 gallons per

month per unit with multi-family use of 3,425 gallons per month per unit. A developer suggested


that a range of 2,650 to 3,250 gallons per month per unit was typical for multi-family units in other

cities. The City would like to gather data from other municipalities to see what the water

consumption would be. They would like to develop a new draft rate structure, based on

consumption data, in a tiered structure. They also needed to look at the City Code to make sure it

reflected what they determined. They need to make sure that they set the rate schedule so that they

covered the water and infrastructure costs.

Councilman Shelton said a study was done to help them with construction, six years ago by Bowen

Collins & Associates (BCA). He asked if they should do an update on that study. David Bunker

agreed with Councilman Shelton, and said they needed to be sure that study was in line whatever

changes were made. Mr. Bunker said they have thrown multi-family in with commercial, but it

should really be in a residential structure.

Councilman Frost asked if someone with a four-plex, single meter plan would be considered in a

Home-Owners Association (HOA) setting. They had no way to determine what each unit was

using. David Bunker said in that case they would send the bill to the HOA and to the owner of the

property.

Councilman Shelton appreciated that they had input in the forefront, rather than after the study.

He liked having an independent third party involved in the study. He mentioned that he liked BCA

since they had expertise with other cities.

Councilman Bowen asked if the water was metered so that people paid for whatever they use.

David Bunker answered affirmatively. Councilman Bowen asked if the base rate was charged

when the usage rate was different. David Bunker said the rate for usage over the base rate was

tiered. For some high-density apartment complexes, according to Code, the billing should be per

unit.

Mayor Hadfield said that with new buildings, the owner may say they will rent the buildings, but

the next owner may want to convert them to condominiums. In that case, he wondered how you

would shut off the one customer who wasn’t paying, when there may be three others who were

paying. David Bunker said that if units were under individual ownership, Code required separate

utility connections for each lot/unit. If the four-plex was under single ownership, they could

possibly go with one meter.

Councilman Shelton said Council needed to make sure they remembered the objective of covering

the costs in making any decisions.

Councilman Frost said that the outcome of the study, and what they accepted, would also dictate

water requirements at annexation. David Bunker said they did need to be fair, as well.


Councilman Frost asked about an impact fee funded study. David Bunker said it would probably

not be an impact fee funded study; rather, it was more of an O&M (Organization and Methods)

study. However, it would be eligible for water or sewer funds.

Councilman Barnes asked if customers paid the same rate when they went above the basic usage.

David Bunker explained the current pay rate schedule for residential and commercial properties.

He then stated that the goal was to go out for bids, engage a consultant, and bring something back

to Council by February.

5. Adjournment to Special Session.

The meeting adjourned to a special session at 4:30 p.m.

SPECIAL SESSION

1. Review and Action to Certify the Results of the November 7, 2017, General Election.

(Requested by Terilyn Lurker, Recorder)

Mayor Hadfield explained that they had the final results of the general election before them. They

needed to certify the results and sign the election report.

Councilman Shorter moved to accept and certify the 2017 Municipal General Election

results and canvass and declare the following elected to office: Brad Frost, Mayor; Barbara

Christiansen, City Council; Staci Carroll, City Council. Councilman Shelton seconded the

motion. Those voting “Aye” were: Councilman Barnes, Councilman Frost, Councilman

Shelton, and Councilman Shorter. Councilman Bowen abstained. The motion carried.

Councilman Bowen explained that he supported the winners, but he had zero confidence in the

vote by mail process.

Mayor Hadfield said that over 40% of the registered voters voted. Councilman Bowen indicated

that it was a special election for a US Congressman, and it was higher than normal for a municipal

election.

2. Consideration and action to enter into a closed session to discuss the character or

professional competence of individuals, to discuss pending or reasonably imminent

litigation, to discuss the purchase, lease or sale of real property, or to discuss other items

described in Utah State Code 52-4-204 and 52-4-205.

Councilman Shelton moved to adjourn to a closed session at 4:33 p.m. to be held in the City

Administration Conference Room. Councilman Shorter seconded the motion. All were in

favor.

The City Council met in a closed session at 4:33 p.m. to discuss litigation. Those present included

Mayor James Hadfield, Councilman Kevin Barnes, Councilman Carlton Bowen, Councilman Brad

Frost, Councilman Rob Shelton, and Councilman Jeff Shorter. Also present were City

Administrator David Bunker, Legal Counsel Kasey Wright, Police Chief Darren Falslev, Fire


Chief Aaron Brems, City Recorder Terilyn Lurker, Council-elect Barbara Christiansen, and

Councilmember-elect Staci Carroll.

Litigation was discussed. The closed session was audio recorded, as required by law.

Mayor Hadfield and David Bunker left the closed session at 4:55 p.m.

Councilman Bowen moved to return to special session at 5:49 p.m. Councilman Shorter

seconded the motion. All were in favor.

3. Adjournment

Councilman Shorter moved to adjourn the meeting. Councilman Shelton seconded the

motion. All were in favor.

The meeting adjourned at 5:59 p.m.

Terilyn Lurker, City Recorder

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Documents

AMERICAN FORK CITY COUNCIL NOVEMBER 21, 2017 WORK … · sledding and slip-n-slide rules. Derric Rykert worked with the City’s insurance company on the appropriate verbiage. These