lehi city council meeting agenda february 12, 2019€¦ · beau thomas resume dispatch...
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Lehi City Council MeetingAgenda
February 12, 2019
5:30 PM - Lehi City Council Chambers (153 N. 100 E., Lehi, Utah)
Pre-Council, 5:30 p.m.
1. Welcome and Opening Comment
2. Presentations and Reports
2.1. Presentation by Waste Management
2.2. Mountain Bike Skills Park proposal.
2.3.. Presentation by the Traverse Mountain Trail Association.
3. Agenda QuestionsThe Mayor and City Council discuss and ask questions on items on the Regular Session agenda.
4. Administrative Report
5. Mayor and Council Reports Calendar items and outside Committee reports
Regular Session, 7:00 p.m.
1. Welcome, Roll Call, Pledge of Allegiance1
Lehi City Council MeetingFebruary 12, 2019Page 2
2. Presentations and Reports
2.1. Lehi City Police Department presentation to VIPS members.
3. 20 Minute Citizen Input(for public comments on items not listed on the agenda. Comments limited to 3 minutes per person with atime limit not to exceed 20 minutes for this item.)
4. Consent Agenda
4.1. Approval of the January 22, 2019 City Council meeting and the January 29, 2019 Budget Retreat meeting.012219 CC.pdf012919 CC Budget Retreat Minutes.pdf
4.2. Approve Purchase OrdersPO Index.pdfPO Codale.pdf
4.3. Declare certain Lehi City personal property as surplus.
Regular Agenda
5. Consideration of Ordinance #15-2019, adopting Chapter 5-5 of the Lehi City Municipal Code prohibitingthe sale or distribution of any tobacco product to a person under the age of 21.
Petitioner: Lehi CityOrd 15-2019.docxTobacco Facts.pdf
6. Consideration of Resolution #2019-05, a Resolution of Intent to annex the Mellor-Rhodes ParkAnnexation, approximately 6.99-acres of property located at approximately 1450 South 1500 West with aproposed PF zoning.
Petitioner: Lehi City CCR Rhodes Mellor Park Annexation - Resolution of Intent 2.6.19.docxLehi Rhodes Mellor Park Annexation DRC 1.30.19.docxRes 2019-05.docxRhodes Mellor aerial.pdfRhodes Mellor Park Annexation narrative.docx
7. Consideration of Resolution #2019-06 approving the amended Planning Commission Bylaws.
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Lehi City Council MeetingFebruary 12, 2019Page 3
Petitioner: Lehi CityCCR Planning Commission By-Laws Amendments.docxRes 2019-06.docxBY-LAWS2019.Draft.pdf
8. Consideration of Resolution #2019-04 appointing an alternate to the Utah Valley Dispatch Special ServiceDistrict Board.
Petitioner: Lehi CityRes 2019-04.docxBeau Thomas Resume Dispatch Board_Redacted.pdf
9. Consideration of Resolution #2019-03, approving and entering into an Amended and Restated InterlocalAgreement creating the Utah Local Governments Trust.
Petitioner: Utah Local Governments TrustRes 2019-03.docxTrust Interlocal Agreement.pdf
10. Adjournment
Public is invited to attend all City Council Meetings In compliance with the Americans with Disabilities Act, persons in need of special accommodations should contact the City
Recorder at 768-7100 ext. 2254. This agenda has been properly posted and a copy provided to the local news media.
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Agenda Item No:2.1
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Finance Item Type: PresentationAgenda Section:
Subject:Presentation by Waste Management
Suggested Action:
Attachments:
4
Agenda Item No:2.2
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Mayor Item Type: PresentationAgenda Section:
Subject:Mountain Bike Skills Park proposal.
Suggested Action:
Attachments:
5
Agenda Item No:2.3.
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: City Council Item Type: PresentationAgenda Section:
Subject:Presentation by the Traverse Mountain Trail Association.
Suggested Action:
Attachments:
6
Agenda Item No:2.1
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Police Item Type: PresentationAgenda Section:
Subject:Lehi City Police Department presentation to VIPS members.
Suggested Action:
Attachments:
7
Agenda Item No:4.1
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Administration Item Type: Action ItemAgenda Section:
Subject:Approval of the January 22, 2019 City Council meeting and the January 29, 2019 Budget Retreat meeting.
Suggested Action:
Attachments:012219 CC.pdf
012919 CC Budget Retreat Minutes.pdf
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Lehi City Council Meeting 1 January 22, 2019
1 153 North 100 East 2
Lehi, UT 84043 3 (801) 768-7100 4
5 Minutes of the Pre Council and Regular Session of the Lehi City Council held Tuesday, 6 January 22, 2019, at the Lehi City Administration Building, 153 North 100 East, Lehi, Utah. 7 8 Members Present: Mark Johnson, Mayor 9
Paige Albrecht, Council Member 10 Paul Hancock, Council Member 11 Johnny Revill, Council Member 12 Mike Southwick, Council Member 13
14 Excused: Chris Condie, Council Member 15 16 Others Present: Cameron Boyle, Assistant City Administrator; Ryan Wood, City Attorney; Kim 17 Struthers, Community Development Director; Lorin Powell, City Engineer; Dean Lundell, 18 Finance Director; Marlin Eldred, Economic Development Director; Darren Paul, Police Chief; 19 Beau Thomas, Assistant to the City Administrator; Shaye Ruitenbeek, Management Analyst; 20 Teisha Wilson, Deputy City Recorder; and approximately 23 citizens. 21 22 Pre-Council, 5:30 p.m. 23 1. Welcome and Opening Comment 24
Mayor Johnson welcomed everyone and noted that all Councilmembers were present except 25 Councilor Condie, who is excused and Councilor Southwick who will join the meeting in 26 progress. Councilor Albrecht gave the Opening Comment. 27 28
2. Presentations and Reports 29 2.1 Bridge RFP Discussion 30 Marlin Eldred distributed a draft of the RFP for naming rights to the pedestrian bridge. Mr. 31 Eldred explained that a private business would construct the bridge and in return would be 32 allowed to include their logo and name on that bridge. Mr. Eldred stated that he spoke to a 33 company that sells advertising and they believe there is a market for this. The company would 34 be responsible to fund everything including engineering costs and construction. He said that 35 this is new territory, so it’s difficult to predict how everything will transpire. There was 36 discussion about the total cost for construction. Mr. Eldred estimated that the cost could be 37 between ½ million to 1 million dollars, but that he would research the costs more. 38
39 3. Agenda Questions 40
Agenda Item #5, the Dixon Annexation was discussed. The Council expressed concerns with 41 regulating the mink farm once it is in the City and they want to ensure that the developer moves 42 forward quickly. There was discussion about including a condition in the annexation agreement 43 that allows for the annexation to take affect at the time of concept plan approval. Councilor 44 Hancock expressed concerns about what would happen if the concept plan were not submitted 45 or approved. Mayor Johnson inquired about triggering the annexation once the Preliminary 46 plat is approved. Kim Struthers stated that a City cannot approve a preliminary plan if it’s not 47 within City limits. The Council reached consensus that they felt comfortable tying the approval 48 9
Lehi City Council Meeting 2 January 22, 2019
of the annexation to the approval of a concept plan. Councilor Albrecht suggested that the City 49 could at least be more accessible to neighbors’ concerns with the mink farm. 50
51 4 Administrative Report 52
None. 53 54
5. Mayor and Council reports 55 Councilor Albrecht stated that the Arts Council would like to see the Council’s support for 56 their upcoming show “Lehi’s Best of Broadway”. She also reported that the Jordan River 57 Commission is releasing information about weed control along the river and also that there are 58 grants available for weed control. 59 60 Councilor Revill informed the Council that North Pointe is accepting less recyclable items due 61 to the market. 62 63 Mayor Johnson stated that Council assignments may change this year. He also reported that 64 they are working on a new tobacco ordinance that would limit the minimum age to purchase 65 tobacco to 21 in Lehi. 66 67
6. Consideration of adjourning into a Closed Executive Session to discuss the character, 68 professional competence, or physical or mental health of an individual. 69
70 Motion: Councilor Hancock moved to adjourn into a closed executive session to discuss the 71
character, professional competence, or physical or mental health of an individual. 72 Councilor Albrecht seconded the motion. 73
74 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 75 Yes; and Councilor Revill, Yes. The motion passed unanimously. 76 77
The meeting adjourned into a closed executive session at 6:32 p.m. 78 The meeting reconvened at 7:00 p.m. 79 80 Council Southwick joined the meeting in progress at 7:00 p.m. 81
82 Regular Session, 7:00 p.m. 83 1. Welcome, Roll Call, Pledge of Allegiance 84
Mayor Johnson welcomed everyone and noted that all Councilmembers were present except 85 for Councilor Condie who is excused. Police Chief, Darren Paul, led the pledge of allegiance. 86
87 2. Presentations and Reports 88 2.2 Lehi Police Department presentation to VIPS members 89
This item was moved to February 12, 2019. 90 91 3. Citizen Input (for public comments on items not listed on the agenda) 92 None. 93 94 95
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Lehi City Council Meeting 3 January 22, 2019
4. Consent Agenda 96 3.1 Approve the January 8, 2019 City Council Minutes 97 98 3.2 Approval of Purchase Orders. 99
100 Motion: Councilor Albrecht moved to approve the Consent Agenda. Councilor Southwick 101
seconded the motion. 102 103 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 104 Yes; and Councilor Revill, Yes. The motion passed unanimously. 105 106
5. Public Hearing regarding the issuance of Water Revenue Bonds 107 Mayor Johnson opened the public hearing. 108 109 There were no comments. 110 111 Mayor Johnson closed the hearing. 112 113 6. Dixon Annexation, approximately 8.08-acres of property located at 3200 North 300 West 114
with proposed TH-5 zoning. 115 a. Public Hearing. 116 Mayor Johnson opened the public hearing on this item. 117 118 Chris Bowerbank stated that he is representing a group of citizens. He is in favor of waiting to 119
record the annexation until a concept plan is approved. He also notified the Council that sales 120 contract is not final and that Ivory could still back out. He expressed concerns with the 121 development because it would bring issues with safety, traffic and overcrowded schools. 122
123 Brad Mackey, the applicant, was present. He stated that he is in favor of the annexation taking 124
affect upon concept plan approval. Councilor Albrecht asked that Mr. Mackey continue to 125 reach out to the residents in the area during the process. 126
127 b. Consideration of Ordinance #06-2019 approving the Dixon Annexation, approximately 128
8.08-acres of property located at 3200 North 300 West with proposed TH-5 zoning. 129 130
Motion: Councilor Revill moved to grant approval of Ordinance #06-2019 the Dixon 131 Annexation, approximately 8.08-acres of property located at 3200 North 300 West 132 with proposed TH-5 zoning; noting that the effective date of the annexation will be 133 the same date as concept plan approval. Councilor Hancock seconded the motion. 134
135 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 136 Yes; and Councilor Revill, Yes. The motion passed unanimously. 137 138
c. Consideration of Resolution #2019-02 approving the Dixon Annexation Agreement. 139 140
Motion: Councilor Revill moved to grant approval of Resolution #2019-02 approving the 141 Dixon Annexation Agreement; noting that the effective date of the annexation will 142
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Lehi City Council Meeting 4 January 22, 2019
be the same date as concept plan approval. Councilor Southwick seconded the 143 motion. 144
145 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 146 Yes; and Councilor Revill, Yes. The motion passed unanimously. 147 148
7. Vacating public streets for a portion of 200 South and for a portion of 1350 East. 149 This item was heard after item #8 150
151 8. Consideration of a plat amendment for the Terrace Retail Center #2 located at 1750 152
West Traverse Parkway. 153 154 Motion: Councilor Southwick moved to approve the plat amendment for the Terrace Retail 155
Center #2 located at 1750 West Traverse Parkway; subject to the completion of all 156 Development Review Committee and Planning Commission comments. Councilor 157 Albrecht seconded the motion. 158
159 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 160 Yes; and Councilor Revill, Yes. The motion passed unanimously. 161 162
7. Vacating public streets for a portion of 200 South and for a portion of 1350 East. 163 The applicant, Mark Hampton, was present. He stated that there were just a few small changes 164 that needed to be made to the ordinance. Those changes include Part I: The described sections 165 of 200 South and 1350 East are vacated, and conveyed to Rollermills Apartments, LLC, and 166 D. This Ordinance shall take effect immediately after being posted or published as required by 167 law, and shall be recorded in the office of the Utah County Recorder. 168
169 a. Public Hearing 170 Mayor Johnson opened the public hearing on this item. 171 172 There were no comments. 173 174 Mayor Johnson closed the public hearing. 175 176 b. Consideration of Ordinance #07-2019 vacating public streets for a portion of 200 South and 177
for a portion of 1350 East. 178 179
Motion: Councilor Southwick moved to approve Ordinance #07-2019 vacating public 180 streets for a portion of 200 South and for a portion of 1350 East; subject to the 181 completion of all Development Review Committee and Planning Commission 182 comments; and include the suggested changes. Councilor Albrecht seconded the 183 motion. 184
185 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 186 Yes; and Councilor Revill, Yes. The motion passed unanimously. 187 188 189
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Lehi City Council Meeting 5 January 22, 2019
9. Consideration of a plat amendment for the Lone Peak North Subdivision located at 3795 190 North Thanksgiving Way. 191
Kim Struthers stated that the applicant was unable to attend the meeting tonight. He explained 192 that this needed to be amended due to the UDOT construction on the frontage road. 193 194 Motion: Councilor Revill moved to approve the plat amendment for the Lone Peak North 195
Subdivision located at 3795 North Thanksgiving Way; subject to the completion of 196 all Development Review Committee and Planning Commission comments. 197 Councilor Hancock seconded the motion. 198
199 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 200 Yes; and Councilor Revill, Yes. The motion passed unanimously. 201 202
10. Consideration of a plat amendment for the Lehi Botanical Lot 5 Amended Subdivision 203 located at 1250 West Sandalwood Drive. 204 Paul Fissure was representing the applicant. He stated that they plan to add a similar medical 205 building on the lot. 206 207 Motion: Councilor Southwick moved to approve the Lehi Botanical Lot 5 Amended 208
Subdivision located at 1250 West Sandalwood Drive; subject to the completion of 209 all Development Review Committee and Planning Commission comments. 210 Councilor Albrecht seconded the motion. 211
212 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 213 Yes; and Councilor Revill, Yes. The motion passed unanimously. 214 215
11. Consideration of Concept Subdivision approval of Holbrook Place, a 187-unit residential 216 development located at approximately 2600 North 3600 West in a Planned Community 217 zone. 218
Brad Mackey was representing the applicant. He noted that the units should be 188 not 187. 219 He said that the changes were made to accommodate staff’s request. Kim Struthers explained 220 that the applicant was given a density bonus for the right of way to widen 3600 West in the 221 future, if needed. They also moved the density closer to the major intersection. 222 223 Motion: Councilor Southwick moved to grant Concept Subdivision approval of Holbrook 224
Place, a 188-unit residential development located at approximately 2600 North 225 3600 West in a Planned Community zone; noting that the approval is for 188 units; 226 subject to the completion of all Development Review Committee and Planning 227 Commission comments. Councilor Albrecht seconded the motion. 228
229 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, Yes; 230 and Councilor Revill, Yes. The motion passed unanimously. 231 232
12. Consideration of Preliminary Subdivision approval of Jay’s Place, a 25-lot residential 233 development located at 3121 West Main Street in an existing RA-1 zone. 234 Trevor Hull was representing the applicant. He stated that he is working with Lehi City on the 235 widening of Main Street. He stated that the land owner will demolish the current home, but the 236 barn will remain. He explained that because of the improvements to Main Street and the 237 13
Lehi City Council Meeting 6 January 22, 2019
infrastructure, they were given a density bonus, so the total lots should be 26. Kim Struthers 238 clarified that the applicant is getting a density bonus of 3 additional lots, and that total will be 239 26 lots. 240 241 Motion: Councilor Hancock moved to grant Preliminary Subdivision approval of Jay’s 242
Place, a 26-lot residential development located at 3121 West Main Street in an 243 existing RA-1 zone; noting that the total lots will be 26; subject to the completion 244 of all Development Review Committee and Planning Commission comments. 245 Councilor Southwick seconded the motion. 246
247 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 248 Yes; and Councilor Revill, Yes. The motion passed unanimously. 249
250 13. Consideration of Preliminary Subdivision approval of Harmony Townhomes (Cold 251
Spring Ranch) a 157-unit residential development located at approximately 3900 West 252 Cold Springs Ranch Rd in an existing Planned Community zone. 253
Dave Schoville was representing the applicant. He stated that they decided to do large townhomes 254 instead of condos, and that they will have color variation. 255
256 Motion: Councilor Revill moved to grant Preliminary Subdivision approval of Harmony 257
Townhomes (Cold Spring Ranch) a 157-unit residential development located at 258 approximately 3900 West Cold Springs Ranch Rd in an existing Planned 259 Community zone; subject to the completion of all Development Review Committee 260 and Planning Commission comments. Councilor Albrecht seconded the motion. 261
262 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 263 Yes; and Councilor Revill, Yes. The motion passed unanimously. 264 265 266
14. Consideration of Ordinance #08-2019 a General Plan Amendment on several parcels 267 totaling approximately 128.02-acres changing the land use designation to PF (Public 268 Facility). 269
Kim Struthers explained that this is just to update the General Plan to reflect parcels that are 270 already used as public facilities. 271 272 Motion: Councilor Southwick moved to approve Ordinance #08-2019 a General Plan 273
Amendment on several parcels totaling approximately 128.02-acres changing the 274 land use designation to PF (Public Facility); subject to the completion of all 275 Development Review Committee and Planning Commission comments. Councilor 276 Albrecht seconded the motion. 277
278 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 279 Yes; and Councilor Revill, Yes. The motion passed unanimously. 280 281
282
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Lehi City Council Meeting 7 January 22, 2019
15. Consideration of Ordinance #09-2019, a zone change for the Police Station properties 283 located at approximately 100 North 100 East changing the zoning from R-1-8 to Public 284 Facility. 285
Police Chief, Darren Paul, stated that they are excited about the progress being made on the 286 design of the new Police Building, and that the empty homes have been helpful to use for K-9 287 and public safety trainings. 288 289 Motion: Councilor Revill moved to approve Ordinance #09-2019, a zone change for the 290
Police Station properties located at approximately 100 North 100 East changing the 291 zoning from R-1-8 to Public Facility; subject to the completion of all Development 292 Review Committee and Planning Commission comments. Councilor Hancock 293 seconded the motion. 294
295 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 296 Yes; and Councilor Revill, Yes. The motion passed unanimously. 297 298
16. Consideration of Ordinance #10-2019 amending the Lehi City Development Code, Tables 299 05-030A, B, C - Tables of Uses for Non-Public Underground Utilities. 300 301 Motion: Councilor Hancock moved to approve Ordinance #10-2019 amending the Lehi City 302
Development Code, Tables 05-030A, B, C - Tables of Uses for Non-Public 303 Underground Utilities; subject to the completion of all Development Review 304 Committee and Planning Commission comments. Councilor Albrecht seconded 305 the motion. 306
307 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, Yes; 308 and Councilor Revill, Yes. The motion passed unanimously. 309 310
17. Consideration of Ordinance #11-2019 amending the Lehi City Development Code, 311 Chapter 5, Establishment of zones adding public noticing requirements for the Public 312 Facilities Zone. 313 Kim Struthers stated that this change came about because the public was concerned that a use 314 could change in the PF zone without notification, so this amendment just states that if the use 315 were to change, then the neighbors would be notified. 316 317 Motion: Councilor Revill moved to approve Ordinance #11-2019 amending the Lehi City 318
Development Code, Chapter 5, Establishment of zones adding public noticing 319 requirements for the Public Facilities Zone; subject to the completion of all 320 Development Review Committee and Planning Commission comments. Councilor 321 Southwick seconded the motion. 322
323 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 324 Yes; and Councilor Revill, Yes. The motion passed unanimously. 325
326 327
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Lehi City Council Meeting 8 January 22, 2019
18. Consideration of Ordinance #12-2019 amending the Lehi City Development Code, 328 Chapter 37 - Design Standards. 329 Kim Struthers stated that this is a large amendment to the design standards. He said there are 330 different standards for different areas of town. 331 332 Mayor Johnson reported that he likes the standards, but was concerned about infringing on 333 property rights. He wants the community to look attractive, but was concerned about the 334 requirements or demands of architectural guidelines. He stated that when they have a strict 335 code, that can limit creativity, and that sometimes there could be a better solution, but they 336 may be forced to make a bad decision based on code. 337 338 The Council agreed that there should be a balance between regulating design and allowing the 339 owner some creativity and recognizing their rights. 340 341 Council Revill stated that the intent of the design standards is to make Lehi a desirable place 342 to live, but they need to be careful and not be too demanding. 343 344 Councilor Hancock stated that he appreciates the thought that went into the design standards 345 and likes that the standards vary by district rather than just creating one standard across the 346 City. There was discussion about allowing more flexibility and exceptions. 347 348 Tony Trane stated that as a business owner, he would appreciate allowing for more exceptions. 349 He feels that they don’t want to make too many restrictions because it could limit a business 350 owner from making improvements to their property. He would like to see more flexibility and 351 allow for feasible solutions. 352 353 Wendy Shoop stated that she bought into the culture here and wants the Council to be loyal to 354 that vision. She believes that there should be a coordinated style standard, and also noted that 355 the Council needs to be sensitive to the limited land and resources that and that those resources 356 should be used wisely. 357 358 The Council agreed that they would like staff to look at more ways to allow for creativity and 359 not infringe on property rights. 360 361 Motion: Councilor Southwick moved to table Ordinance #12-2019 amending the Lehi City 362
Development Code, Chapter 37 - Design Standards. Councilor Hancock seconded 363 the motion. 364
365 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 366 Yes; and Councilor Revill, Yes. The motion passed unanimously. 367 368
19. Consideration of Ordinance #13-2019 amending the Lehi City Development Code, 369 Chapter 5 and 39 Chapter 39, adding pet grooming use and definition and amending the 370 definitions for Xeriscape and Outdoor Sales and Display. 371 372 Motion: Councilor Hancock moved to approve Ordinance #13-2019 amending the Lehi City 373
Development Code, Chapter 5 and 39 Chapter 39, adding pet grooming use and 374 definition and amending the definitions for Xeriscape and Outdoor Sales and 375 16
Lehi City Council Meeting 9 January 22, 2019
Display; subject to the completion of all Development Review Committee and 376 Planning Commission comments. Councilor Revill seconded the motion. 377
378 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, Yes; 379 and Councilor Revill, Yes. The motion passed unanimously. 380 381
20. Consideration of Ordinance #14-2019 amending the Lehi City Development Code, Table 382 05.030A Table of Uses - Agricultural and Residential Districts. 383
384 Motion: Councilor Revill moved to approve Ordinance #14-2019 amending the Lehi City 385
Development Code, Table 05.030A Table of Uses - Agricultural and Residential 386 Districts.; subject to the completion of all Development Review Committee and 387 Planning Commission comments. Councilor Southwick seconded the motion. 388
389 Roll Call Vote: Councilor Hancock, Yes; Councilor Southwick, Yes; Councilor Albrecht, 390 Yes; and Councilor Revill, Yes. The motion passed unanimously. 391
392 21. Adjournment 393
With no further business to come before the City Council at this time, Councilor Albrecht 394 moved to adjourn the meeting. Councilor Southwick seconded the motion. The motion passed 395 unanimously. The meeting adjourned at approximately 8:45 p.m. 396
397 398 Approved: February 12, 2019 Attest: 399 400 401 402 ____________________________________ ___________________________________ 403 Mark Johnson, Mayor Marilyn Banasky, City Recorder 404
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Lehi City Budget Retreat 1 January 29, 2019
1 2
153 North 100 East 3 Lehi, UT 84043 4 (801) 768-7100 5
6 Minutes of the Budget Retreat of the Lehi City Council held Tuesday, February 29, 2019, at the 7 Lehi City Power Building, 560 W. Glen Carter Drive, Lehi, Utah, at 12:00 p.m. 8 9 Members Present: Mark Johnson, Mayor 10
Paige Albrecht, Council Member 11 Chris Condie, Council Member 12 Paul Hancock, Council Member 13 Johnny Revill, Council Member 14 Mike Southwick, Council Member 15 16
Others Present: Jason Walker, City Administrator; Cameron Boyle, Assistant City Administrator; 17 Ryan Wood, City Attorney; Kim Struthers, Community Development Director; Lorin Powell, City 18 Engineer; Joel Eves, Power Director, Dave Norman, Public Works Director; Darren Paul, Police 19 Chief; Jeremy Craft, Fire Chief; Dean Lundell, Finance Director; Karma Bentson, Finance 20 Department; Alyson Alger, Treasurer; David Kitchen, Human Resources Manager; Beau Thomas, 21 Assistant to the City Administrator; Shaye Ruitenbeek, Management Analyst; Andy Gowens, 22 Management Intern; Marilyn Banasky, City Recorder; Teisha Wilson, Deputy Recorder; and 23 approximately 6 citizens. 24 25 1. Welcome and Lunch 26
Mayor Johnson welcomed everyone. All Council Members were present. Andy Gowens gave 27 the opening comment. Lunch was served. 28 29
2. Presentation by Dr. Greg Jackson, “History That Doesn’t Suck” 30 Dr. Greg Jackson gave a presentation on the role compromise played in framing the Constitution 31 of the United States. 32 33
3. Council Assignments 34 Mayor Johnson stated that he would like to give the Council the opportunity to have different 35 Council assignments. Councilor Revill went over the current list of assignments that the Mayor 36 and Council have. There was discussion as to changing some of the assignments. 37
38 The following is the list of assignments that the Mayor and Council agreed upon for 2019: 39
40 Mayor Johnson 41
• Iron Horse District BSA Nominating Committee – This could possibly a resident 42 • MAG 43 • COG 44 • Point of the Mountain Commission/Envision Utah 45 • UVU Community Advisory Council 46 • IHC Community Outreach Council 47 • Mountain Point Medical Advisory Board 48
49 50
Councilor Condie 51 18
Lehi City Budget Retreat 2 January 29, 2019
• Utah League of Cities and Towns 52 • Youth City Council – Alternate 53 • North Pointe Solid waste District Board Member 54
55 Councilor Albrecht 56 • Parks, Trails, and Trees Committee Representative 57 • Arts Council 58 • Lehi Library Board of Directors Representative 59
60 Councilor Southwick 61 • Lehi Historical Preservation Commission Representative 62 • John Hutchings Museum Board Member 63 • Lehi Archives Committee Representative 64 • Round Up Committee Member 65
66 Councilor Hancock 67
• Utah Lake Commission Board 68 • Youth City Council Alternate 69 • IHC Community Outreach Council 70 • Jordan River Commission 71
72 Councilor Revill 73
• Fox Hollow Board Member 74 • Lehi Irrigation Board Member 75 • Timpanogos Special Service District (TSSD) Board Member 76
77 78
4. Financial Report 79 Dean Lundell gave a financial update and went over the budget process. He proposed some 80 financial policies. A discussion was held regarding the deficit balance in the parks impact 81 fee budget. 82
83 5. Road Projects Update 84
Brad Kenison gave an update on Crossroads Blvd/Lehi Main Street and the 2100 West 85 projects. Lars Anderson and Leo Floren from PEC Architects were present. Mr. Anderson 86 reported that they are redesigning Lehi Main Street going into Saratoga Springs. They 87 referred to Crossroads Blvd as Redwood Road. The redesign will be a 5 lane road and 88 rebuilding the bridge over the Jordan River. He discussed two options of putting in the 89 bridge. One option closes the road while the bridge is replaced and would take about four 90 months. The other option would move traffic to one side of the bridge while the other side 91 is being rebuilt and would take about six months. Brad Kenison discussed the 1200 West 92 widening project. 93 94
6. 311 Center Update 95 David Kitchen gave an update on the 311 Center. He explained that the 311 Center will 96 provide a one-stop shop for information for Lehi residents. They are hoping to open the 97 311 Center mid July. Jason Walker reported that the budget will need to be amended for 98 this project. 99 100
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Lehi City Budget Retreat 3 January 29, 2019
7. Update on Police Station Building Project 102 Cameron Boyle gave a presentation on the demolition of the Broadbent block for the new 103 Police Building. Temporary fencing will be put up on February 2, 2019. He has drafted 104 an editorial letter that will be sent to the Lehi Free Press and Daily Herald and will also be 105 put on social media. 106 107
8. Resident Survey Results 108 Beau Thomas introduced Scott Riding from Y2 Analytics. Mr. Riding reported on the on-109 line Resident Survey that went out. They sent out on-line invitations to 5,000 to 6,000 110 residents and received 1,271 responses. He reported that growth and transportation are still 111 major concerns, but overall residents report a high quality of life. There is a downward 112 shift in the satisfaction of residents, but he feels that is due to the growth. 113 114
9. Presentation by Jason Walker, “How will you be Remembered?” 115 Jason Walker gave a presentation regarding the legacy that the Mayor, Council and staff 116 want to leave in regard to Lehi City. 117 118
10. Planning Presentation 119 Kim Struthers gave a presentation on Planning for Lehi into the future. He showed a video 120 where Peter Calthrop discussed 7 principles for building a better city. They are as follows: 121 1. Preserve the natural environment 122 2. Mixed land uses and mixed incomes 123 3. Walkable streets 124 4. Prioritize bikes 125 5. Connect streets 126 6. High quality transit 127 7. Focus density around transit 128 129
11. Parks Presentation 130 Steve Marchbanks gave a presentation on current parks and parks forecasting. It was 131 discussed to have volunteers help build parks that there isn’t any current funding for. 132 Bonding and the RAP tax was also discussed. 133 134
12. City Council Goals 135 Cameron Boyle asked the Council for their goals for the upcoming budget year. They are 136 as follows: 137
138 Goals for FY2020 139
• Parks master plan update 140 • Funding parks 141 • Continue to revitalize Main Street 142 • More money for emergency management 143 • More money for Rhodes Meller park 144 • City campus 145 • Traverse Mountain mountain bike trails 146 • Communicate and market City services/future plans 147 • Communication of Departments 148 • Project tracker for the public regarding developments 149 • Citizen labor for parks/alternate funding 150 • Move forward on fiber backbone 151
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Lehi City Budget Retreat 4 January 29, 2019
• Park/community comparison 152 • Transportation Master Plan 153 • Employee satisfaction survey/internal survey 154 • Time with legislators/joint work sessions 155 • Dry Creek Storage Facility 156 • Environmental sustainability 157
158 13. Miscellaneous Items 159
Fire Chief Craft discussed Tier 1 versus Tier 2 in the Utah Retirement System. He stated that it 160 is difficult to recruit Firefighters on the Tier 2 system. Police Chief Paul stated that it is also 161 difficult to recruit Police Officers. 162
163 Dinner was served. 164 165
14. Adjournment 166 With no further business to come before the City Council at this time, the meeting adjourned at 167 approximately 6:16 p.m. 168
169 Approved: February 12, 2019 Attest: 170 171 172 173 ____________________________________ ___________________________________ 174 Mark Johnson, Mayor Marilyn Banasky, City Recorder 175 176
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Agenda Item No:4.2
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Finance Item Type: Action ItemAgenda Section:
Subject:Approve Purchase Orders
Suggested Action:
Attachments:PO Index.pdf
PO Codale.pdf
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LEHI CITY
CITY COUNCIL AGENDA February 12, 2019
Consent Agenda: Approval of Purchase Orders INFORMATION: Budget Amt Company Description P O Amount (before PO)
Codale Electric Supply Primary Wire $638,352.00 Inventory
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Agenda Item No:4.3
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Fleet Item Type: Action ItemAgenda Section:
Subject:Declare certain Lehi City personal property as surplus.
Suggested Action:The Fleet Department would like to surplus the following vehicles:
2004 Chevrolet K15002002 International 7400/DT466 (Digger)2008 Ford F350
Attachments:
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Agenda Item No:5
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Mayor Item Type: OrdinanceAgenda Section:
Subject:Consideration of Ordinance #15-2019, adopting Chapter 5-5 of the Lehi City Municipal Code prohibiting the saleor distribution of any tobacco product to a person under the age of 21.Petitioner: Lehi City
Suggested Action:
Attachments:Ord 15-2019.docx
Tobacco Facts.pdf
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Lehi City 1 Ordinance #15-2019
ORDINANCE NO. 15-2019
AN ORDINANCE ADOPTING CHAPTER 5-5 OF THE LEHI CITY CODEPROHIBITING THE SALE OR DISTRIBUTION OF ANY TOBACCO
PRODUCT TO A PERSON UNDER THE AGE OF 21
WHEREAS, the Lehi City Council makes the following findings of fact:
a. Lehi City recognizes that the use of tobacco products has devastating health and economic consequences.
b. Tobacco use is the foremost preventable cause of premature death in America. It causes half a million deaths annually and has been responsible for over 20 million premature deaths in the U.S. over the past 50 years since the first Surgeon General’s report on smoking in 1964.
c. This leads to more than $283 billion in health care and lost worker productivity costs each year.
d. Lehi City further recognizes that young people are particularly susceptible to the addictive properties of tobacco products, and are particularly likely to become lifelong users.
d. An estimated 5.6 million youth aged 0 to 17 are projected to die prematurely from a tobacco-related illness if prevalence rates do not change.
e. Tobacco industry documents show that those who start smoking by the age of 18 are almost twice as likely to become lifetime smokers as those who start after they turn 21.
f. Electronic smoking device use among minors has recently tripled.
g. In 2015, the Institute of Medicine concluded that raising the minimum legal sales age for tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales age for tobacco products nationwide to 21 would, over time, lead to a 12 percent decrease in smoking prevalence.
h. The Institute of Medicine also predicts that raising the minimum legal sales age for tobacco products nationwide to 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019, and would likely reduce preterm birth, low birth weight, and sudden infant death syndrome.
i. A growing number of communities, including the states of California, Hawaii and Oregon, have enacted laws that raise the minimum legal smoking age (“MLSA”) to 21 to further restrict access to tobacco.
k. Three-quarters of adults favor raising the MLSA for tobacco products to 21,
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Lehi City 2 Ordinance #15-2019
including seven in ten smokers.
l. The financial impact of raising the MLSA to 21 on retailers is likely to be minimal, decreasing tobacco sales by only 2%.
m. Raising the MLSA to purchase tobacco products is consistent with raising the legal drinking age to 21, which led to reduced alcohol use and dependence among youth, and contributed to the decline in alcohol-related traffic crashes.
n. Lehi City’s purpose in raising the MLSA to 21 is to reduce tobacco use by keepingtobacco products out of the hands of those under the age of 21.
WHEREAS, on February 12, 2019, the Municipal Council held a duly-noticed public meeting to receive public comment and ascertain the facts regarding this matter, which facts and comments are found in the meeting record; and
WHEREAS, after considering the facts and comments presented to the Municipal Council, the Council finds: (i) Chapter 5-5-1 of the Lehi City code should be adopted; and (ii) such action furthers the health, safety and welfare of the citizens of Lehi.
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of Lehi City, Utah as follows:
PART I:
Chapter 5-5-1 is hereby adopted as shown on the attached Exhibit “A.”
PART II:
A. If a provision of this Ordinance 15-2019 conflicts with a provision of a previously adopted ordinance concerning the same title, chapter, and/or section number amended herein, the provision in this Ordinance shall prevail.
B. This ordinance and its various section, clauses and paragraphs are hereby declared to be severable. If any part, sentence, clause or phrase is adjudged to be unconstitutional or invalid, the remainder shall not be affected thereby.
C. The Municipal Council hereby directs that the official copy of the Lehi City Code be updated to reflect the provisions enacted by this Ordinance.
D. This Ordinance shall take effect immediately after being posted or published as required by law.
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Lehi City 3 Ordinance #15-2019
Approved and Adopted by the Municipal Council of Lehi City this 12th day of February, 2019.
LEHI CITY ATTEST
______________________________ _______________________________Mark Johnson, Mayor Marilyn Banasky, City Recorder
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Lehi City 4 Ordinance #15-2019
EXHIBIT “A”
CHAPTER 5
PROHIBITION ON THE SALE OR DISTRIBUTION OF ANY TOBACCO PRODUCT TO A PERSON UNDER THE AGE OF 21
SECTION:5-5- 1: Purpose5-5- 2: Definitions5-5- 3: Minimum Legal Sales Age for Tobacco Products5-5- 4: Age Verification5-5- 5: Enforcement5-5- 6: Penalties5-5- 7: Exceptions and Defenses
5-5-1: Purpose: The purpose of this chapter is to reduce tobacco initiation, particularly among adolescents 15-17, improve health across the lifespan, and decrease smoking prevalence by keeping tobacco products out of the hands of those under the age of 21.
5-5-2: Definitions:As used in this chapter:
“Distribute” or “Distribution” means to furnish, give, provide, or to attempt to do so, whether gratuitously or for any type of compensation.
“Distributor” means a person who distributes a tobacco product.
“Electronic smoking device” means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
“Person” means any natural person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation, or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity.
“Recipient” means any person who obtains or attempts to obtain a tobacco product.
“Tobacco product” means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar,
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Lehi City 5 Ordinance #15-2019
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
5-5-3: Minimum Legal Sales Age for Tobacco Products: The sale or distribution of any tobacco product to a person under the age of 21 is prohibited.
5-5-4: Age Verification: Before distributing any tobacco product, the distributor shall verify that the recipient is at least 21 years of age. Each distributor shall examine the recipient’s government-issued photographic identification. A distributor is not required to verify the age of a person over the age of 30, but that a recipient appeared to be 30 years of age or older shall not constitute a defense to a violation of this section.
5-5-5: Enforcement: The Utah County Health Department or its authorized designee may conduct random, unannounced inspections at locations where tobacco products are distributed to test and ensure compliance with this ordinance. The compliance checks can be done two times a year, unless there is reasonable suspicion that the retailer is selling tobacco to minors.
5-5-6: Penalties: Violations of this chapter may be subject to both criminal prosecution and civil penalties.
A. The person who sold the product may be cited by law enforcement as follows:
1. First Offense – Class C Misdemeanor
2. Second Offense – Class B Misdemeanor
3. Third Offense – Class A Misdemeanor
4. Subsequent Offenses – Class A Misdemeanor
B. A civil penalty may be imposed by the local health department against the owner of the store as follows:
1. First Violation – $500
2. Second Violation (within 12 months) – $750
3. Third Violation (within 24 months of two or more previous violations) – $1,000 or a tobacco permit suspension for up to 30 consecutive calendar days
4. Fourth Violation (within 24 months of three previous violations) – tobacco permit may be revoked
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Lehi City 6 Ordinance #15-2019
C. The department or a local health department may:
1. Revoke a tobacco permit if a fourth violation occurs within two years of three previous violations;
2. In addition to a monetary penalty imposed under Subsection (B), suspend thetobacco permit if the violation is due to a sale of tobacco products to a person under 19 years of age; and
3. If applicable, recommend to a municipality or county that a retail tobacco specialty business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
5-5-7: Exception and Defenses:
A. The penalties in this ordinance do not apply to a person younger than 21 years old who purchases or attempts to purchase tobacco products while under the direct supervision of Lehi City or the Utah County Health Department staff for training, education, research, or enforcement purposes.
B. Nothing in this ordinance prohibits an underage person from handling tobacco products in the course of lawful employment.
C. It shall be an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law.
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Agenda Item No:6
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Landon HawesSubmitting Department: Planning Division Item Type: Action ItemAgenda Section:
Subject:Consideration of Resolution #2019-05, a Resolution of Intent to annex the Mellor-Rhodes Park Annexation,approximately 6.99-acres of property located at approximately 1450 South 1500 West with a proposed PFzoning. Petitioner: Lehi City
Suggested Action:
Attachments:CCR Rhodes Mellor Park Annexation - Resolution of Intent 2.6.19.docx
Lehi Rhodes Mellor Park Annexation DRC 1.30.19.docx
Res 2019-05.docx
Rhodes Mellor aerial.pdf
Rhodes Mellor Park Annexation narrative.docx
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Annexation
RHODES MELLOR PARK ANNEXATION ACCEPTANCECITY COUNCIL REPORT
Applicant Lehi City
Meeting Date February 12, 2019
Requested Action/Purpose Acceptance of a resolution of intent to annex property
Location West of Dry Creek Elementary
Requested Zoning PF
General Plan Land Use Designation VLDRA
Acreage Approximately 6.99 acres
Existing Land Use Undeveloped
Adjacent Zoning and Land Use North A-1 Future Rhodes Mellor ParkSouth County land Agricultural
East County land AgriculturalWest A-1 Future Rhodes Mellor Park
Date of DRC Review January 30, 2019
Assigned Planner Landon Hawes
REQUIRED ACTIONCity Council Acceptance of annexation
Planning Commission Review and recommendation on proposed zoning
City Council Final approval
Lehi City requests review of the Rhodes Mellor Park Annexation, parcel 13:031:0044, which sits just west of Dry Creek Elementary. This parcel would be incorporated into the future proposed Rhodes Mellor Park. The annexation of this parcel would result in protection of green space and the enlargement of the planned park. Additional green space is something which Lehi residents have indicated is important to them, so this annexation would help address that public priority.
This annexation is being done by resolution because the property is part of an existing county island. This is the first step in the annexation process. If the City Council determines that they are willing to entertain annexation of the property, they can adopt a resolution of intent. If the Resolution of Intent is adopted by the City Council, addi-tional meetings will be held, including public hearings at the Planning Commission and City Council to consider the proposed zoning and any other final matters before the annexation process is finished.
The requested zoning for this annexation would be PF, which would require a general plan amendment. This amend-ment will be evaluated on February 13, 2019 by the city’s Reviewing Departments; it is anticipated that the amend-ment would then move in tandem with the annexation to the February 28 Planning Commission agenda and the March 12 City Council agenda.
The DRC noted that water dedication for this annexation will need to be accounted for and that a narrative should be provided for this project. A narrative has been written and is included in the packet.
The Planning Division staff recommends APPROVAL of the Rhodes Mellor Park Annexation. This recommenda-tion is based on the following findings:
REPORT ANALYSIS
PLANNING DIVISION RECOMMENDATION
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Annexation
1. The proposed application conforms to the goals and policies of the General Plan.2. The proposed application does not affect the health, safety, welfare, and morals of the City.3. Other findings as determined by the public hearing.
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Lehi City Development Review Committee January 30, 2019
Note: This list of corrections and deficiencies should not be considered as an all-inclusive or final list. The items listed need to be corrected and resolved and a new set of information submitted for review by the DRC. Further corrections and deficiencies may still be noted as the DRC further reviews the resubmitted information.
1 of 1
Lehi Rhodes Mellor Park AnnexationDRC Redline Comments
Lehi City – requests review of the Lehi Rhodes Mellor Park Annexation, approximately 6.99-acres of property located at approximately 1450 South 1500 West with a proposed PF zoning. DRC Members Present: Glade Kirkham, Kerry Evans, Greg Allred, Kim Struthers, Gary Smith, Evan Gordon, Ross
Dinsdale, Trent DyerRepresentatives of the Applicant Present: N/ADate of Plans Reviewed:Time Start: 2:43 PMTime End: 2:50 PM
DRC REPORT:1. Critical Issues:
a. Water dedication will need to be accounted for.b. Provide narrative for this project.
2. Location of existing and proposed City facilitiesa. Water: 1700 West and 1450 Southb. Sewer: 1700 West and 1450 Southc. Storm drain: 1450 Southd. Power: Southern boundary of annexation
3. Zoning required or recommendeda. PF
4. Distances to schools/parks/shoppinga. Parks: This is a parkb. Schools: Dry Creek elementaryc. Shopping: Shopping center at Pioneer Crossing and Redwood Road
5. Transportationa. No adjacent roads
THIS ITEM WILL BE SCHEDULED FOR CITY COUNCIL FEBRUARY 12, 2019
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RESOLUTION NO: 2019-05
RESOLUTION OF INTENT OF LEHI CITY COUNCIL TO ANNEX REAL PROPERTY(“MELLOR-RHODES PARK” ANNEXATION)
WHEREAS, the Lehi City Council has determined that a certain parcel of real property described on Attachment “A” constitutes a portion of an unincorporated island which is contiguous to Lehi City Corporation and should be annexed to Lehi City Corporation; and
WHEREAS, the area to be annexed consists of one or more unincorporated islands or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and
WHEREAS, Lehi City Corporation has provided one or more municipal-type services to the area for at least one year; and
WHEREAS, the Lehi City Council does hereby determine that not annexing the entire unincorporated island or peninsula to which the subject parcels belong is in the best interest of Lehi City Corporation;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Lehi City Council does hereby determine that not annexing the entire unincorporated island or peninsula to which the subject parcels belong is in the best interest of Lehi City Corporation at this time.
2. Pursuant to the provision of Section 10-2-418 of the Utah Code, the Lehi City Council hereby intends to annex the parcels of real property owned by Lehi City, consisting of about 6.99 acres and further described by Attachment “A”.
3. Staff is directed to publish notice of this proposed annexation in a newspaper of general circulation within Lehi City, once a week for three successive weeks. Said notice shall comply with the requirements of Section 10-2-418(2)(b) of the Utah Code.
4. This Resolution shall be effective upon the date of its adoption.
PASSED AND APPROVED by the City Council of Lehi City, Utah this 12th day of February, 2019.
ATTEST:
_________________________________ ________________________________MARK JOHNSON, Mayor MARILYN BANASKY, City Recorder
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NOTICE OF INTENT TO ANNEX REAL PROPERTY
Notice is hereby given that Lehi City Corporation has adopted a resolution
indicating its intent to annex real property owned by Lehi City, consisting of about 6.99 acres,
and further described as follows:
Legal Description:
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Rhodes Mellor Park Annexation
Lehi City proposes to annex parcel 13:031:0044, which sits just west of Dry Creek Elementary. This parcel would be incorporated into the future proposed Rhodes Mellor Park. The annexation of this parcel would result in protection of green space and the enlargement of the planned park. Additional green space is something which Lehi residents have indicated is important to them, so this annexation would help address that public priority.
The requested zoning for this annexation would be PF, which would require a general plan amendment.This amendment will be evaluated on February 13, 2019 by the city’s Reviewing Departments; it is anticipated that the amendment would then move to the February 28 Planning Commission agenda and the March 12 City Council agenda.
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Agenda Item No:7
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Planning Division Item Type: ResolutionAgenda Section:
Subject:Consideration of Resolution #2019-06 approving the amended Planning Commission Bylaws.Petitioner: Lehi City
Suggested Action:
Attachments:CCR Planning Commission By-Laws Amendments.docx
Res 2019-06.docx
BY-LAWS2019.Draft.pdf
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Concept Plan
DEVELOPMENT CODE AMENDMENTCITY COUNCIL REPORT
Applicant Lehi City
Meeting Date 02/12/19
Requested Action/Purpose Approval of a proposed amended Planning Commission Bylaws
Date of DRC Review NA
Date of Planning Commission Review 01/24/19
REQUIRED ACTIONPlanning Commission Review and recommendation
City Council Final approval
Section 03.030 Planning Commission.A. Powers and Duties. The Commission shall be an advisory body to the City Council in making decisions per-taining to amendments to the Lehi City General Plan and this Code. The Commission shall have the following powers and duties:
1. to adopt bylaws, policies, procedures and regulations for the conduct of its duties and meetings, for the con-sideration of applications for development approval, and for any other purposes deemed necessary for the func-tioning of the Commission, provided that such bylaws, policies, procedures and regulations shall be consistent with this Code and shall be approved by the City Council before taking effect.
Each year the Planning Commission reviews their bylaws for both training purposes as well as to make any updates and adjustments they deem necessary. This year the Commission did make some minor adjustments to the bylaws at their annual review in January. Per Article XI of their bylaws, any amendments shall also be approved by the City Council before taking effect. A redlined version of the bylaws has been included with this report. Most of the changes are simply housekeeping items to make the bylaws more consistent with current practices.
The Planning Division staff recommends approval of the proposed amendments.
The Planning Commission reviewed the proposed amendments on January 24, 2019 and approved the amended bylaws subject to City Council approval.
APPLICABLE DEVELOPMENT CODE REGULATIONS
REPORT ANALYSIS
PLANNING DIVISION RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
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RESOLUTION NO. 2019-06
A RESOLUTION OF THE LEHI CITY COUNCIL APPROVING THE AMENDED PLANNING COMMISSION BYLAWS.
WHEREAS, Lehi City Development Code 03.030 outlines the Powers and Duties of the Lehi City Planning Commission; and
WHEREAS, the Lehi City Planning Commission recently voted to amend their current Bylaws; and
WHEREAS, Lehi City Development Code 03.030(1) states that the Planning Commission Bylaws shall be approved by the City Council before taking effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LEHI, UTAH, that the attached amended Planning Commission Bylaws are approved.
PASSED and APPROVED this 12th day of February, 2019.
LEHI CITY
ATTEST
_______________________________ __________________________________
Mark Johnson, Mayor Marilyn Banasky, City Recorder
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1
LEHI CITY PLANNING COMMISSION
BY-LAWS FOR CONDUCTING THE BUSINESS OF THE PLANNING COMMISSION
RE-ADOPTED BY THE LEHI CITY PLANNING COMMISSION JANUARY 3,?? 2019.
PURPOSE
These policies and procedures, as amended are designed and adopted for the purpose of providing guidance
and direction to the members of the Lehi City Planning Commission in the performance of their duties.
ARTICLE 1 – GENERAL PROVISIONS
The Lehi City Planning Commission, hereinafter referred to as “the Commission”, shall be governed by the
following statutes, ordinances and rules:
1.1 Applicable State Statutes and Local Ordinances and Rules.
To the extent that they remain in force and in effect, as they are amended, or as they are
added to, the Lehi City Planning Commission and its members shall be governed by state
statutes and local ordinances and policies including the following:
a. State statutes applying to public boards, members and officials.
b. State statutes governing the activities of City Planning Commissions.
c. The Development Code of Lehi City as approved by the City Council.
d. The rules and policies of the Lehi City Planning Commission as set forth herein.
1.2 Requirements of Familiarity with State Statutes and Local Ordinances and Rules Affecting
the Commission.
Upon taking office, all members of the Commission shall familiarize themselves with the
foregoing and, while in office, shall maintain such knowledge, including knowledge of
amendments and additions, and shall be strictly governed thereby in the conduct of
Commission affairs.
1.3 Basic Principles.
a. Equality of Members. As the Commission conducts its affairs in accordance with
these rules, each member has the same rights, privileges and duties as any other
member.
b. Freedom of Discussion. Members have the right to be heard and to hear what
others have to say about a motion before voting.
c. One Main Motion. Only one main motion may be considered at any given time.
d. Members Right to Know. Members have a right at all times to know the immediate
pending motion, and have it restated prior to any vote.
e. Meeting Properly Called. The Commission may take official action only in
meetings properly called and with a quorum of members present.
f. Actions must be Lawful. Actions taken by the Commission must be in accord with
Lehi City, State and Federal Law.
1.4 Rules of the Commission to be Available at Lehi City.
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Planning Commission By-Laws Adopted 01/08/14
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A current copy of the rules of the Commission shall be available as a public record in the
Lehi City Office. A copy of the rules of the Commission shall be provided to new
Commission members upon appointment. Additional copies shall be provided to the
Commissioners and made available to the public upon request.
1.5 Location of the Office of the Commission.
The office of the Commission shall be located in the Lehi City Office.
ARTICLE II – MEMBERS
2.1 Appointment and Resignations.
The membership and appointment of the Commission shall be governed by the provisions
of the Utah Code Section 10-9a-301and applicable ordinances of Lehi City.
Members proposing to resign shall give reasonable written notice of such intent to the City
Council, Planning Commission and the Mayor of Lehi City, and make the date of
resignation effective in such a manner as to allow time for appointment of replacements.
2.2 Meeting Attendance.
Each member of the Commission shall attend the sessions of the Commission unless unable
to attend because of extenuating circumstances. Any member desiring to be excused shall
notify the secretary. The secretary shall inform the Chair of the excused absences. Failure
of any regular or alternate member of the Commission to attend three consecutive regular
meetings, or three of any seven consecutive meetings, without the recorded consent of the
Chair, shall be construed by the Chair as grounds for resignation from the Commission by
absence. The Chair would then recommend removal of the Commissioner to the City
Council.
2.3 Vacation of Office
When a member dies, resigns or fills their maximum number of terms as per Section 03.030
in the Lehi City Development Code, the Lehi Mayor will immediately notify the City
Council that a vacancy exists. The Mayor, with the advice and consent of the City Council,
shall then select a replacement.
ARTICLE III – CONDUCT OF COMMISSION MEMBERS
3.1 Representation of Applicants or petitioners.
No member of the Commission shall represent applicants or petitioners on matters on
which the Commission is to make determinations or recommendations.
3.2 Conflict of Interest.
No member of the Commission shall participate in or discuss any case in which they have
financial or personal interest in the property or action concerned, or will be directly affected
by the decision of the Commission, or has or believes they have any other conflict of
interest. A member who has a question as to whether a conflict of interest exists should
raise the matter with the Commission members and the City Attorney in order that a
determination may be made. Additionally members of the Commission must comply with
the provisions of the Municipal Officers and Employees Ethics Act – Utah Code 10-3-1301
et. seq.
3.3 Expression of Bias, Prejudice or Individual Opinion Prior to Hearing and Determination.
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Planning Commission By-Laws Adopted 01/08/14
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Commission members may seek information from other members or Lehi City Staff, but
no member shall discuss any case with any other parties thereto prior to the public hearing
unless a member has been assigned by the Chair to obtain specific information about the
case. No member shall express any bias, prejudice or personal opinion on judgment of the
case prior to its public hearing and determination.
ARTICLE IV – OFFICERS, COMMITTEES, STAFF, DUTIES
4.1 Regular Election of Chair, Vice Chair.
Annually, as the first item of business at the first meeting of the Commission in the month
of January, the Commission shall elect a Chair and Vice Chair. If a quorum is lacking, the
Commission will hold an election at the next regularly scheduled meeting at which a
quorum is available. The Chair shall serve a term of one (1) year. No member shall serve
as Chair for more than two (2) consecutive terms.
4.2 Succession of Vice Chair to Office of Chair.
If the Chair becomes no longer a member of the Commission, the Vice Chair shall succeed
to the office for the remainder of the term. If the Vice Chair becomes no longer a member
of the Commission or succeeds to the office of Chair, a special election shall be held to fill
the vacancy of the Vice Chair. Said election shall occur at the next regularly scheduled
meeting of the Commission at which a quorum is available.
4.3 Duties of the Chair and Vice Chair; Appointment of Temporary Chair to Preside at
Meetings.
If present and able, the Chair shall preside at all meetings and hearings. If the Chair is
absent or unable to preside, the Vice Chair shall preside. If both are absent or unable to
preside, the members present shall appoint a Temporary Chair to preside. The Temporary
Chair shall abide by all rules and policies set forth herein.
The Chair shall conduct all meetings of the Commission, interface with Mayor in the
conduct and affairs of the Commission, and exercise management of the affairs of the
Commission consistent with these rules, Lehi City and State law. In the course of discharge
of duty, the Chair shall have the right to call upon legal counsel for advice. General duties
of the Chair include the following:
a. To call the Commission to order on the day and the hour scheduled and proceed
with the order of business.
b. To announce the business before the Commission in the order in which it is to be
acted upon.
c. To receive and submit all motions and propositions presented by the members of
the commission.
d. To put to vote all questions which are properly moved in the course of proceedings
and to announce the results of motions.
e. To inform the commission, when necessary, on any point of order or practice.
Whenever the Chair rules a motion out of order, the Chair shall explain why it is
so and advise the mover of corrections needed to make the motion in order.
f. To maintain order at the meetings of the Commission.
g. Recognize speakers and Commissioners prior to receiving comments and
presentations.
h. To move the agenda along, hold down redundancy by limiting time allowed for
comments if necessary, and set guidelines for public input. The Chair should, to
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Planning Commission By-Laws Adopted 01/08/14
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the extent practical, remain impartial in permitting each party involved in an issue
full opportunity to present their position. The Chair is however, a voting member.
4.4 Other Responsibilities of Chair; Delegation to Vice Chair.
The Chair may delegate duties generally to the Vice Chair, or may authorize the Vice Chair
to perform specific duties during his absence or in the case of his disability to perform
necessary Commission functions in a timely manner.
4.5 Assignment of Commission Members to Inspect Duties: Appointment of Committees.
The Chair may designate members of the Commission to make personal inspections when
necessary for proper consideration of agenda items. The Chair may appoint standing or ad
hoc committees as may be found necessary to successfully and efficiently carry out the
functions of the Commission.
4.6 Appointment of Secretary: Duties.
The secretary of the Commission shall be appointed by the Mayor of Lehi City. The
Secretary under the direction of the Chair shall attend to all correspondence of the
Commission, send out and cause to be published all notices required, attend all meetings
of the Commission and all public hearings (except when excused by the Chair with a
temporary replacement arranged), compile and maintain all required records, schedules,
minutes, files and indexes; and generally perform all clerical work of the Commission.
ARTICLE V – REFERRAL OF FUNCTIONS (Take out?)
5.1 Referral by Resolution
The Commission may refer any of those functions authorized by the provisions herein to
citizen committees. Said referral shall be made by resolution of the Commission, which
may establish general guidelines for the conduct of said functions.
No referral of function shall be considered to have been completed until a resolution of
referral has been completed.
ARTICLE VI – APPLICATION REQUIRED
6.1 Completed Application Required.
Where required by City Ordinance, an item may not be heard by the Commission unless a
complete application is filed with the City. Determination of a complete application will
be made by the Lehi City Planning Department in conformance with the Zoning
OrdinanceDevelopment Code of Lehi City.
ARTICLE VII – MEETINGS, HEARINGS
7.1 Regular Meetings.
Regular meetings of the Commission will be held at 7:00 p.m. on the second and fourth
Thursday of each month unless otherwise determined by a majority vote of the Planning
Commission and appropriate public notice is provided.
7.2 Work Sessions and Special Meetings. (Combine with 7.1)
Work Sessions of the Commission shall be held if found necessary. Notice of the Work
Session shall be in accordance with City and State law.
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Special Meetings for any purpose may be held at the call of the Chair. Notice of such
meetings shall be in accordance with City and State law.
Work Session meetings of the Commission will be held at 5:30 p.m. on the first Thursday
of each month unless otherwise determined by a majority vote of the Planning Commission
and appropriate public notice is provided. Notice of the Work Session shall be in
accordance with City and State law.
Special Meetings for any purpose may be held at the call of the Chair. Notice of such
meetings shall be in accordance with City and State law.
7.27.3 Open to Public.
All meetings of the Commission are open to the public.
7.37.4 Conduct During Hearings.
During all meetings and hearings, persons providing testimony shall proceed without
interruption. All comments, arguments and pleadings shall be addressed to the Chair. There
shall be no debate or argument between individuals. The Chair shall maintain order and
decorum, and to that end, may order removal of disorderly or disruptive persons. The Chair
may determine a time limit of speakers at the beginning of any public hearing.
7.47.5 Rules of Order.
In accordance with these rules, the Chair shall decide all points of procedure and order,
unless otherwise directed by the majority vote of the members in attendance. Where
necessary in deciding points of order, the Chair may use as a reference the Robert’s Rules
of Order, newly revised.
7.57.1 Work Sessions and Special Meetings. (Combine with 7.1)
Work Sessions of the Commission shall be held if found necessary. Notice of the Work
Session shall be in accordance with City and State law.
Special Meetings for any purpose may be held at the call of the Chair. Notice of such
meetings shall be in accordance with City and State law.
7.6 Field Trips.
Field trips to view application sites shall be scheduled by the Chair during Regular
Meetings or through the secretary. Commission members should establish an optimal time
for site inspection through group consensus. Field trips shall be noticed in accordance with
City and State law.
7.7 Recess or Adjournment.
Each regularly scheduled meeting or special meeting of the Commission shall be scheduled
to end not later than 10:30 p.m. unless extended for a specific amount of time by a majority
vote of the Commission pursuant to a motion for such extension. All unfinished agenda
items shall be continued to the next regularly scheduled meeting of the Commission and
shall be placed first on the agenda prior to adding new items. The continuation of agenda
items and/or public hearings to the next regularly scheduled meeting shall not require
additional public notice.
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Any Regular or Special Meeting may be recessed or adjourned from day to day, or to the
time of any previously announced Regular or Special Meeting, and such recess or
adjournment to a certain time and place does not require additional public notice.
7.8 Cancellation.
If no business is scheduled before the Commission, or if it is apparent that a quorum of the
Commission will not be available, any meeting may be canceled by the Chair by giving
notice to all available members.
7.9 Quorum
A quorum of the Commission shall consist of four voting members. An affirmative vote of
at least four members of the Commission shall decide all matters. The Chair shall be
considered a voting member.
7.10 Tie Votes.
If a motion before the Commission receives an equal number of votes, and a subsequent
motion on the matter is either not made or cannot achieve a majority vote, the matter before
the Commission shall be deemedrecommended for deniedal on an item that receives its
final decision at the City Council, and on an item that receives its final decision at the
Planning Commission, the applicant may request the item be continued until a future
meeting, otherwise it will also be deemed denied.
7.11 Agenda, Order of Business.
The Secretary, under the direction of the Chair, shall prepare an agenda for each
Commission meeting. Order of business shall be as specified by the Commission Chair.
No business will be considered that is not shown on the official agenda of the meeting as
legally noticed.
ARTICLE VIII – HEARING PROCEDURES
8.1 Representation at Hearing.
At the hearing, the applicant should appear or be represented by authorized agents. If there
is no representation, the Commission may choose to either take action or not take action
on the agenda item.
8.2 Hearing Procedures.
a. The Chair shall introduce the item.
b. Staff shall give a brief presentation and explanation of relevant details related to
the item.
c. The applicant or petitioner outlines the nature of the request and presents
supporting evidence.
d. The Chair, or acting Chair, shall open the public hearing. The Chair, without
objection by members of the Commission, may impose time limits for comment to
facilitate the business of the Commission.
e. The Chair, or acting Chair, shall close the public hearing.
f. The Chair, or acting Chair, may allow the applicant or petitioner to address issues
raised by the public comment.
f.g. The public hearing may be reopened at the discretion of the Chair.
g.h. The Chair, or acting Chair, shall allow members of the Commission to discuss the
matter and ask questions of the applicant or petitioner.
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h.i. The Chair may call for a motion and vote by the Commission on the application or
petition. If a substantial amount of public comment was received, the Chair may
consider a motion to table the item to allow Commissioners to review the public
comment.
ARTICLE IX – FINDINGS AND DECISIONS
9.1 Timing of Decisions.
With due consideration to the length of the Agenda, the nature of the case, the complexity
of the evidence, and the findings required, the Chair Commission may elect, subject to
approval by the Commissioners, one of the following alternatives:
a. To proceed immediately to determination and decision upon conclusion of the
hearing of the case; or
b. To defer determination and decision until a Regular or Special Meeting of the
Commission as specified by the Chair.
9.2 Form and Procedure of Decisions.
All such decisions shall be made at a public meeting by motion, made and seconded, and
by a voice vote.
Decisions of the Commission shall be final when the minutes of the meeting at which the
decision was made are approved.
9.3 Notification.
Notice of action taken by the Commission shall be given by the Commission and/or
Planning Staff to the applicant, petitioner or any party making a written request for such
within ten days following the decision.
ARTICLE X – REQUEST TO WITHDRAW, CONTINUE, OR RE-HEAR APPLICATIONS
10.1 Withdrawal.
Upon request from the applicant or authorized agent, an application or petition may be
withdrawn at any time before the Commission makes a decision in the case. A request to
withdraw must be made by the applicant/authorized agent before a motion for final action
is presented to the Chair.
10.2 Continuance.
The Commission may defer the hearing of cases or provide for later continuance of cases
on which hearings have begun. Continuances will show cause for such stated in the motion,
and, unless time and place is stated in said motion, will require public re-notice.
10.3 Re-hearing.
The Commission may re-hear an application that was previously denied within three
months of the decision upon written request by the applicant and a showing in the
application that there is substantial new evidence that was unavailable at the time of the
original hearing. The Commission shall, by vote, make a determination of whether or not
to re-hear the matter. In the event a re-hearing is approved, the matter shall only be re-
heard after proper notice has been given. The applicant shall pay all costs incurred in re-
advertising.
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ARTICLE XI – AMENDING OR WAIVING BY-LAWS
11.1 Amending By-Laws.
These by-laws may be amended by a majority vote of the Commission except where such
amendment would be contrary to the requirements or limitations set forth by State Law or
City Ordinance. An amendment may be proposed at any meeting of the Commission.
Members shall receive a copy of the proposed or amended by-laws not less than one week
prior to the meeting at which said proposed changes shall be heard. Any amendments to
these by-laws shall also be approved by the City Council before taking effect.
11.2 Waiving or Suspending Rules.
A rule of procedure may be suspended or waived at any meeting by a majority vote of
Commission members present, unless such rule is set by State Law or City Ordinance.
11.3 Temporary Rule.
A temporary rule of procedure, in conformity with State Law and City Ordinance, may be
adopted by the Commission for a meeting or agenda item following a unanimous vote of
the Commission members present.
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Agenda Item No:8
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Administration Item Type: ResolutionAgenda Section:
Subject:Consideration of Resolution #2019-04 appointing an alternate to the Utah Valley Dispatch Special ServiceDistrict Board.Petitioner: Lehi City
Suggested Action:
Attachments:Res 2019-04.docx
Beau Thomas Resume Dispatch Board_Redacted.pdf
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RESOLUTION NO. 2019-04
A RESOLUTION OF THE LEHI CITY COUNCIL APPOINTING AN ALTERNATE MEMBER REPRESENTATIVE TO THE UTAH VALLEY
DISPATCH SPECIAL SERVICE DISTRICT
WHEREAS, the Board of County Commissioners of Utah County and several cities in Utah County initiated proceedings to create a special service district to provide consolidated 911 and emergency dispatch services within Utah County to be known as the Utah Valley Dispatch Special Service District (the “District”); and
WHEREAS, the Lehi City Council adopted Resolution 11-18-08.19 which consented to the inclusion of area within Lehi City; and
WHEREAS, the Lehi City Council desires to make a member and an alternate representative appointment to the Board; and
WHEREAS, all noticing required for vacancy on the Board has been followed pursuant to Utah State Code Section 17B-1-304.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LEHI, UTAH, as follows:
1. That Beau Thomas is hereby appointed as its alternate representative to the Utah Valley Dispatch Special Service District to replace Cameron Boyle.
2. That this resolution shall remain in effect until repealed by another resolution appointing a different alternate representative to the Utah Valley Dispatch Special Service District.
4. The provisions of this resolution shall take effect immediately upon passage.
PASSED and APPROVED this 12th day of February, 2019.
LEHI CITY
ATTEST
_______________________________ __________________________________
Mark Johnson, Mayor Marilyn Banasky, City Recorder
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Beau G. Thomas
Education
Westminster College, Gore School of Business Salt Lake City, UT Masters of Business Administration May 2014 University of Utah, David Eccles School of Business Salt Lake City, UT Bachelor of Science, Business Information Systems December 2009 Dixie State College Saint George, UT Associate of Science, Criminal Justice August 2007
Experience
Lehi City Administration Lehi, UT Assistant to the City Administrator March 2018-Present
• Provide general supervision over Parks and Facilities Manager, Fleet Manager, Management Analyst, and Interns
• Act as lead for the city’s specialized projects and technical project teams • Responsible for the city’s major construction and professional service bids • Participate in the preparation and administration of city budget • Represent the City Administrator’s Office at various meetings, outside government
agencies, and other citizen groups relative to goals, actions and activities of the city • Liaison for several non-governmental organizations
Lehi City Administration Lehi, UT Senior Management Analyst August 2015-March 2018
• Negotiate contracts on behalf of the city in support of capital projects • Facilitate in areas of city management operations to promote positive policy change • Provide communication between department heads and administration • Analyze management practices and financial data • Approve and provide material for public relations campaigns • Participate in the development, implementation, interpretation, and administration of
ordinances, administrative policies, procedures, and programs
Lehi City Information Systems Lehi, UT Information Systems Technician II April 2012-August 2015
• Responsible for maintaining servers, systems, and networks • Diagnose and solve various information systems problems • Provide communication and assistance with network changes • Conduct trainings on a variety of hardware and software
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Related Skills
Municipal Government • Governmental project management • City Council requests and presentations • Experience with budget development and implementation • Budget and financial reports • Information gathering and analysis • City wide strategic plan development • Community marketing and involvement practices • Ability to analyze complicated problems and recommend timely solutions • Departmental goal development and organization
Information Technology
• Excellent understanding of business information systems, which include Windows Operating Systems XP, 7, 8, and Windows Server 2003, 2008, 2008R2, 2012 and 2012R2
• Strong understanding of network design and all of its components • Experienced with VMware virtual environment • Well-versed in all aspects of back-end server environments • Familiar with several computer languages and their applications
Business
• Considerable knowledge of management theory, methods, and practices • Ability to analyze a variety of financial problems and propose solutions • Excellent written and oral skills, that have led to the development of several structured reports • Consulted with several businesses in South Africa on best business practices and helped resolve
complex problems for these companies during my MBA program • Possess professional presentation skills, with presentations given to many professional
audiences on numerous topics • Trained to identify and apply strategic management skills such as, MVVG, VRIO framework and
vertical integration
Activities and Honor
Dixie State College Student Government • Informed students and community of activities preformed at the college • Helped with community activities and service projects
Delta Epsilon Chi (DEX) - Marketing Competition • 2006 and 2007 Utah State finalist in Business Ethics and Retail Management categories
Government Finance Officers Association • 2015 and 2016 Outstanding Achievement in Popular Annual Financial Reporting
Government Finance Officers Association • 2017 Distinguished Budget Presentation Award
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Agenda Item No:9
City Council Agenda Item ReportMeeting Date: February 12, 2019Submitted by: Marilyn BanaskySubmitting Department: Legal Item Type: ResolutionAgenda Section:
Subject:Consideration of Resolution #2019-03, approving and entering into an Amended and Restated InterlocalAgreement creating the Utah Local Governments Trust.Petitioner: Utah Local Governments Trust
Suggested Action:
Attachments:Res 2019-03.docx
Trust Interlocal Agreement.pdf
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RESOLUTION NO. 2019-03
A RESOLUTION APPROVING AND ENTERING INTO AN AMENDED AND RESTATED INTERLOCAL AGREEMENT CREATING THE UTAH LOCAL
GOVERNMENTS TRUST.
WHEREAS, Lehi City and other Utah cities, town, counties, and other governmental entities created and established a political subdivisions and entity known as the Utah Local Governments Trust; and
WHEREAS, Lehi City desired to participate in creating and establishing an entity to provide assistance, advice, counsel, and casualty, property and liability insurance, and benefits related to the purposes of the Utah Local Governments Trust.
THEREFORE, BE IT RESOLVED by the City Council of Lehi City that the Amended and Restated Agreement creating the Utah Local Governments Trust is approved and the Mayor is authorized to sign the agreement.
Approved and Adopted by the City Council of Lehi City this 12th day of February, 2019.
Attest:
_______________________________ ______________________________Mark Johnson, Mayor Marilyn Banasky, City Recorder
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AMENDED AND RESTATED INTERLOCAL AGREEMENT CREATING THE UTAH LOCAL GOVERNMENTS TRUST
ARTICLE I
NAME 1.1. The name of the governmental entity created pursuant to this Interlocal Agreement is the Utah Local Governments Trust (hereinafter “the Trust”).
ARTICLE II PURPOSES
2.1. The purposes of this Agreement and the entity created pursuant thereto are: 2.1.1. PERSONAL BENEFITS. To enable Utah cities, towns, counties, and other special districts of local governments to form a governmental entity to provide a comprehensive and complete program of hospital, medical, dental, disability, life, and other personal benefit plans and programs for units of local governments within the State of Utah. 2.1.2. CASUALTY-PROPERTY. To enable units of local governments to provide a comprehensive and complete program of casualty, property, marine, liability, and other insurance plans or programs required or desirable to protect local governments’ property and assets and elected and appointed officials and employees from personal liability. 2.1.3. FUNDS. To create funds from revenues, premiums, and monies which funds shall at all times belong to the participating units of local governments to pay claims of the local units of government according to any plan, program, or contract between the Trust and the participating unit of local government or to purchase the insurance requested by the participating unit of local government. 2.1.4. GENERAL POWERS. To administer, insure, reinsure, fund or self fund, indemnify, or perform any other act necessary to provide or administer any plan or program necessary or desirable to give effect to this Agreement. 2.1.5. SINGLE ENTITY. To enable local governments to act as a single entity to provide personal, casualty, property, marine, liability, or other insurance to participating units of local government. 2.1.6. ADVISOR TO LOCAL GOVERNMENTS. To act as an advisor and counsel to units of local government regarding their insurance needs, obligations, risks, and benefit plans. 2.2. TRUST NOT REQUIRED TO PROVIDE COVERAGES. Nothing in this Agreement shall require the Trust to offer or provide any or all of the plans or programs authorized by this Agreement.
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2.3. AUTHORITY. The Trust hereby is granted and authorized to perform and do all acts necessary or convenient and to render all services contemplated and engage in such governmental and proprietary functions, as are authorized or contemplated by Sections 11-13-101 et seq., 10-3-1103, and 63-30d-801 et seq., Utah Code Annotated 1953, to carry out the purposes and intent of this Agreement.
ARTICLE III DEFINITIONS
3.1. As used in this Interlocal Cooperation Agreement: 3.1.1. LOCAL GOVERNMENTS. “Local governments” means public agency as used in the Interlocal Cooperation Act and includes any county, city, town, special district, or combination thereof; it specifically includes any agency or entity created pursuant to the Utah Interlocal Cooperation Act, Section 11-13-101 et seq., Utah Code Annotated 1953, as amended. 3.1.2. PROPERTY INSURANCE. The definition of “property insurance” set forth in Section 31A-1-301, Utah Code Annotated 1953, is hereby incorporated by reference. 3.1.3. BOND. “Bond” means a faithful performance bond or indemnification bond or any other bond required by any Utah law. 3.1.4. INLAND MARINE . The definition of “inland marine” insurance set forth in Section 31A-1-301, Utah Code Annotated 1953, is hereby incorporated by reference. 3.1.5. WORKERS’ COMPENSATION. “Workers’ compensation” means any form of workers’ compensation permitted or required by the laws of the State of Utah or the laws of the United States. 3.1.6. UNEMPLOYMENT COMPENSATION. “Unemployment compensation” means any form of unemployment compensation permitted or required by the laws of the State of Utah or the laws of the United States. 3.1.7. VEHICLE LIABILITY INSURANCE. The definition of “vehicle liability insurance” set forth in Section 31A-1-301, Utah Code Annotated 1953, is hereby incorporated by reference. 3.1.8. SURETY INSURANCE. The definition of “surety insurance” set forth in Section 31A-1-301, Utah Code Annotated 1953 is hereby incorporated by reference. 3.1.9. ADMINISTRATIVE BOARD. “Administrative board” means the administering body created by this Agreement to operate and administer the Trust and the insurance programs offered by the Trust. 3.1.10. MEMBER. “Member” means any city, county, town, or other unit of local government that participates in one or more plans or programs offered by the Trust. A unit of
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local government need not have executed this Interlocal Agreement or Resolution to be a member. Any unit of local government that stops participating in the plans or programs offered by the Trust, shall not be a member. 3.1.11. CASUALTY INSURANCE. The definition of “ casualty insurance” (liability insurance) set forth in Section 31A-1-301, Utah Code Annotated 1953, is hereby incorporated by reference. 3.1.12. UNIT OF LOCAL GOVERNMENT. “Unit of local government” means any city, county, town, special district, or any other entity which is a political subdivision of the State of Utah. 3.1.13. PERSONAL INSURANCE OR PERSONAL BENEFITS. “Personal insurance” or “personal benefits” means life, disability, hospital, medical and dental insurance or benefits, unemployment or workers’ compensation. 3.1.14. PERSON. “Person” means any individual, company, partnership, corporation, municipal corporation, or any business entity.
3.1.15 INSURANCE. “Insurance” means casualty liability and personal insurance.
ARTICLE IV DURATION
4.1. EXTENSION. This Agreement shall be for a period of 50 years, but may be extended by the members. 4.2. WITHDRAWAL. Nothing in this Article shall prevent any local government from withdrawing from the Trust. 4.3. TERMINATION IF VOID. This Agreement shall terminate if it is found to exist entirely in violation of the law.
ARTICLE V TRUST FUNDS
5.1. FUNDS PROPERTY OF UNITS OF GOVERNMENTS. All premiums, payments, and funds received, held, or administered by the Trust as herein provided shall be and remain the property and assets of the units of local government which create or participate in the Trust program or programs according to the terms of this Agreement, except that the funds of the Trust shall become the property of the person to whom the funds are paid when paid according to this Agreement, benefit or insurance plans, and programs authorized by the administrative board. 5.2. INTERNAL REVENUE CODE COMPLIANCE. In accordance with Section 115 of the Internal Revenue Code of 1954, as amended, any income derived from the investments or operations of the Trust shall accrue to the units of local government participating
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in the Trust. None of the assets, property, funds, or revenues held by the Trust shall ever be deemed to or become the property of the Trust. 5.3. UNRESTRICTED RIGHT TO PROPORTIONATE SHARE OF INCOME. Each unit of local government participating in the Trust shall have the unrestricted right to withdraw its proportionate share (as defined in Section 12.3.) of the income derived from the investments or operations of the Trust. However, to the extent the income so derived is needed to provide reserves for potential claims against programs that the Trust has elected to reinsure or self-insure (under authority of Article VI), participating units of local governments agree to defer the withdrawal of that portion of the income so needed until such time as the administrative board determines using actuarially sound insurance accounting principles that such withdrawal will not jeopardize the financial stability of Trust programs. 5.4. FUNDS TO BE USED TO PURCHASE OR PROVIDE COVERAGE. The local governments hereby authorize and direct the administrative board to do all things necessary and proper and to use the payments or contributions received by the Trust to purchase and maintain in force such policy or policies of insurance as they in their sole discretion shall determine to be in the best interest of the members and the employees of the members; or on an actuarially sound basis, to use such funds to establish a program or programs of self-insurance, reinsurance, or co-insurance.
ARTICLE VI MANAGEMENT AND ALLOCATION OF FUNDS,
PURCHASE OF INSURANCE, BONDS, REINSURANCE, SELF-FUNDING 6.1. LICENSED CARRIER REQUIRED. If casualty insurance or personal insurance policies are purchased, it shall be from a licensed insurance carrier. Policies may be purchased for one or more of the casualty insurance or personal insurance programs offered by the Trust from one or several carriers; or the Trust may reinsure or self-insure one or more of the programs and purchase the casualty insurance or personal insurance from a carrier for the remaining programs. Where the Trust purchases insurance or personal insurance from a carrier, the Trust shall be the policyholder. The amount of casualty insurance, personal insurance, and benefits shall be such as the administrative board may determine subject to securing a policy or policies from one or more carriers or bond companies able to provide the benefits from the premium paid. 6.2. TRUST TO ACT AS POLICYHOLDER. The administrative board may apply for such insurance policies or group insurance or personal insurance or group personal insurance in its name as policyholder or in the names of the participating members and may use the fund to pay for and accept and hold as part of the fund the policy or policies insured to the Trust in its name as policyholder. 6.3. TERMS OF POLICY. The administrative board may agree with an insurer of any policy or policies issued for the purposes of this Agreement on waiting period, definitions of full-time employment and all other necessary or desirable provisions, including the eligibility of
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employees; or, in the case of self-insurance, the local government and administrative board may provide specifically such terms and conditions. 6.4. SEPARATE ACCOUNT REQUIRED. The Trust Board shall create separate funds and accounts for each of the following: A. Hospital, medical, and dental; B. Disability; C. Life (except where part of the hospital and medical plan) whether or not
dental is included; D. Fidelity and fiduciary; E. Casualty, marine, property, and liability. The assets of each fund shall not be co-mingled with those of another fund, nor shall it be subject to attachment, claims, or payment of damages in any other fund. Where a participating unit of local government elects to participate in Groups A, B, and C, or any combination of these groups, the Trust may treat the account as participating in the fund for which a majority of the premium is paid. One fund may make loans to another. 6.5. FUND MANAGEMENT. With respect to each fund, the administrative board shall use and apply each fund: 6.5.1. GENERAL ADMINISTRATION. To pay or provide for the payment of all reasonable and necessary expenses of collecting the local governments’ contributions and administering the affairs of each fund, including, but without limitation, all expenses which may be incurred in connection with each fund, the employment of such administrative, legal, expert, and clerical assistance, the leasing of such premises and the purchase or lease of such materials, supplies, and equipment as the administrative board, in its discretion, finds necessary or appropriate in the performance of its duties. 6.5.2. PAYMENT OF PREMIUMS. To pay or provide for the payment of premiums due from local governments on the policy or policies, when such premiums shall become due; but the administrative board shall not use the fund to maintain in force any insurance for the account of any local government that is in default of payment of contributions to the fund. 6.5.3. RESERVES. To establish and accumulate as part of the fund an adequate reserve which the administrative board shall deem advisable to carry out the purposes of this Agreement. 6.5.4. REFUNDS. To refund premiums, payments, or contributions from local governments for which insurance may not be purchased for any reason, but if a unit of local
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government withdraws from the Trust for any reason, the Trust shall be under no obligation to refund any premium, payment, or contribution of the local government if insurance has been purchased for the local government. 6.6. GENERAL OPERATING ACCOUNT. The administrative board may establish a general operating account or fund and may transfer to that account or fund a specified percentage of revenues received in each separate fund for the purpose of establishing a general operating fund or account to administer the general provision of the Agreement. 6.7. DEPOSITORIES-INVESTMENTS. All premiums, contributions, and monies received by the Trust hereunder as part of the fund or funds shall be deposited by it in such bank or banks as the administrative board may designate for that purpose, and all withdrawals of monies from such bank or banks shall be made only by check signed by a person or persons authorized by the administrative board to sign and countersign but no bank shall be elected as a depository of the funds of the Trust that is not a member of the Federal Deposit Insurance Corporation or is not supervised and insured by an instrumentality of the United States Government. 6.8. BOND REQUIRED. All officers and employees of the Trust who are authorized to sign or countersign checks or who otherwise may handle monies or other property of the Trust shall be bonded. 6.9. DIVIDENDS, EXPERIENCE RATING. Anything contained in this Agreement to the contrary notwithstanding, the administrative board may agree with the insurer or insurers for the combination of financial experiences, for dividend purposes, of policies issued to the administrative board pursuant to this Agreement and of policies not so issued with insured employees of local governments that are insured under this Agreement. The administrative board may agree with the insurers and to provide for a centralized administration of all policies or may administer the programs themselves in any manner deemed advisable by the administrative board.
ARTICLE VII LOCAL GOVERNMENT CONTRIBUTIONS
TO THE TRUST 7.1. PERSONAL INSURANCE OR BENEFITS. On application and acceptance by the administrative board or the Executive Director, each local government shall pay to the Trust a sum determined by the administrative board to participate in any personal insurance or self-funded benefit program offered by the Trust. Each local government shall pay to the Trust on such day of each month as determined by the administrative board for all the local governments, such member’s contributions for personal insurance when and as the administrative board shall deem necessary to pay the premium due, together with that member’s fair share of expenses on account of the personal insurance purchased for such local governments but all local government payments shall be credited against premiums and shares of expenses due from local governments.
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7.2. CASUALTY AND LIABILITY INSURANCE. On application and acceptance by the administrative board or the Executive Director, each local government shall pay to the Trust a sum determined by the administrative board to participate in any casualty or liability insurance or self-funded casualty or liability program offered by the Trust. Each local government shall pay to the Trust on such day of each month as determined by the administrative board for the local governments, such member’s contributions for insurance when and as the administrative board shall deem necessary to pay the premium due, together with that member’s fair share of expenses on account of the insurance purchased for such local governments but all local government payments shall be credited against premiums and shares of expenses due from local governments.
ARTICLE VIII PARTICIPATION OF LOCAL GOVERNMENTS
IN THE ASSOCIATION 8.1. PERSONAL INSURANCE. The employees of a unit of local government that make application to the administrative board shall, on approval of the application and payment of the premium established by the administrative board, become insured by the Trust under the policy or policies of the Trust and shall participate in the Trust for such personal insurance, provided the employee satisfies the requirements for participation in such personal insurance as may be established by the personal insurance carrier or carriers of the policy or policies under which such insurance is offered; or, under such requirements as the administrative board may establish for participation in any self-funded personal benefit plan or program. A local government’s participation in the Trust personal insurance program shall commence on the date set by the Board. The personal insurance carrier of the policy or policies, if any, shall at all times be kept informed by the administrative board of the local governments that participate in the Trust personal insurance, as well as the names of their employees. A local government may participate in the personal insurance program on approval of the application and payment of the premium. The local government need not execute this Agreement to participate, but must subscribe to the personal insurance or benefits to be provided pursuant to this Agreement by resolution, ordinance, or contract. 8.2. CASUALTY AND LIABILITY INSURANCE. A unit of local government that makes application to the administrative board shall, on approval of the application and payment of the premium established by the administrative board, become insured by the Trust under the policy or policies of the Trust and shall participate in the Trust for such insurance, provided the unit of local government satisfies the requirements for participation in such casualty insurance as may be established by the insurance carrier or carriers of the policy of policies under which such insurance is offered; or, under such requirements as the administrative board may establish for participation in any self-funded casualty program. A local government’s participation in the Trust insurance program shall commence on the date set by the administrative board. The insurance carrier of the policy or policies, if any, shall at all times be kept informed by the administrative board of the local governments that participate in the Trust insurance. A local government may participate in the casualty or liability insurance program on approval of the application and payment of the premium. The local government need not
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execute this Agreement to participate, but must subscribe to the insurance or benefits to be provided pursuant to this Agreement by resolution, ordinance, or contract. 8.3. TERMINATION OF QUALIFICATIONS. A local government shall cease to qualify for participation in the Trust for any insurance or benefit plan when it fails to make its contribution as provided in Article VII for the insurance on the date when due or within the period of time allowed by the administrative board for the payment thereof; or if a local government shall cease to qualify under or by reason of any state or federal law; or when the local government fails to comply with the rules and regulations made by the administrative board from time to time with respect to the administration of the insurance Trust fund or funds; including, but without limiting the generality of the foregoing, the method and accuracy of local government’s reports, the effective date of insurance of its employees, the discontinuance of insurance of its employees, premiums due, or any and all other facts which the administrative board deems advisable to assure a sound administration of the insurance programs offered by the Trust. 8.4. TERMINATION OF PARTICIPATION. When in accordance with the provisions of this Article VIII, a local government ceases to qualify for participation in the Trust for the insurance provided under the policy or policies, the administrative board shall, if insured by a carrier, forthwith give notice thereof to the insurance carrier of the policy or policies under which such insurance is provided, and such policy or policies and participation of the local government in the Trust shall terminate to such extent and at such time as the insurance terminates. In such event the Trust shall have no further liability to local government or its employees whose participation and insurance have terminated.
ARTICLE IX RETURN OF MONIES RECEIVED FROM PERSONS
NOT QUALIFYING AS A LOCAL GOVERNMENT AS DEFINED IN THIS AGREEMENT
9.1. Should any monies be received by the Trust for the purpose specified in Article II of this Agreement from any local government failing to satisfy the requirements for participation in the Trust, or from any local government whose employees do not become insured under the policy or policies, such monies shall be returned, and there shall be no further obligations whatsoever in connection therewith.
ARTICLE X ADMINISTRATION OF THE TRUST
10.1. ADMINISTRATIVE BOARD. The Trust shall be governed and administered by an administrative board composed of at least seven officials representing participating Members. The administrative board may from time to time, on a two-thirds vote of the administrative board, increase the number of members on the administrative board without amending this Agreement, but the number shall not exceed 15.
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10.1.1. CITIES AND TOWNS. Up to four members of the administrative board shall be elected officials from participating cities and towns unless the number of participating cities and towns is less than four, in which case the minimum number of elected officials from cities and towns on the administrative board shall be reduced to the number of participating cities and towns. The terms of the municipal administrative board members shall be four years, but the terms shall be staggered so that one position is filled each year. If a municipal member of the administrative board ceases to be an elected official, the remaining municipal members shall appoint a person to serve until the next election. At the next election a municipal elected official shall be elected to fill the remainder of the term. 10.1.2. COUNTIES. Up to three members of the administrative board shall be elected officials from participating counties unless the number of participating counties is less than three, in which case the minimum number of elected officials from counties on the administrative board shall be reduced to the number of participating counties. The terms of the county administrative board members shall be four years, but the terms shall be staggered so that one position is filled each year. If a county member of the administrative board ceases to be an elected official, the remaining county members shall appoint a person to serve until the next election. At the next election a county elected official shall be elected to fill the remainder of the term. 10.1.3. SPECIAL DISTRICTS. Up to three members of the administrative board shall be elected or appointed officials from participating special districts unless the number of participating special district is less than three, in which case the minimum number of officials from special districts on the administrative board shall be reduced to the number of participating special districts. The terms of the special district administrative board members shall be four years, but the terms shall be staggered so that one position is filled each year. If a special district member of the administrative board ceases to be an official of a district, the remaining special district members shall appoint a person to serve until the next election. At the next election a special district elected or appointed official shall be elected to fill the remainder of the term. 10.1.4 APPOINTED OFFICIALS. The elected officials of the administrative board may appoint additional members to serve on the board, but the number of appointed board members shall not exceed one third of the total board membership. Any vacancy in the appointed member positions shall be filled by the remaining board members. Terms may be staggered as the board deems appropriate. 10.2. RESIGNATION. A member of the administrative board may resign and become and remain fully discharged from all further duty or responsibility hereunder upon giving 30 days notice in writing to the remaining members, or such shorter notice as the remaining members may accept as sufficient, in which notice there shall be stated a date and such resignation shall take effect on the date specified in the notice, unless a successor member shall effect immediately upon the appointment of such successor member.
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ARTICLE XI POWERS OF ADMINISTRATIVE BOARD
11.1. AS POLICYHOLDER. The administrative board may exercise all rights or privileges granted to it as policyholder by provisions of each policy or allowed by the insurance carrier of such policy, and may agree with such insurance carrier to any alteration, modification, or amendment of such policy, and may take any action respecting such policy or the insurance provided thereunder which may be necessary or advisable, and such insurance carrier shall not be required to inquire into the authority of the administrative board with regard to any dealings in connection with such policy. 11.2. CONSTRUE THIS AGREEMENT. The administrative board shall have power to construe the provisions of this Agreement and the terms used herein, and any reasonable construction adopted by the administrative board in good faith shall be binding upon the local governments and employees. 11.3. LIABILITY OF MEMBER. Notwithstanding anything contained herein to the contrary, each local government shall be liable to The Utah Local Governments Trust for the premium for its insurance and the insurance of its employees under the policy or policies for any period during which such insurance is in force and the administrative board shall enforce such liability for such premiums to the extent necessary to pay premiums due under any such policy or policies. In the event any such policy or policies are terminated and premium due thereunder is not paid by the administrative board to the insurance carrier issuing the policy or to the Trust on the date the premium is due thereunder, such insurance carrier, if it shall so elect, shall immediately be subrogated to the right of the Trust to enforce the liability of any local government under this Agreement and may apply any sums collected first toward its expense of suit including costs and counsel fees and then toward the discharge of the premium obligation under the policy or policies. Any such election by the insurer may be exercised at any time and shall not constitute a waiver of its right to collect any deficiencies in premium from the Trust. 11.4. ADMINISTRATIVE BOARD - GENERAL MANAGEMENT MEETINGS. The administrative board shall have the general management, control, and direction of all the business activities and affairs of the Trust, with full power to transact all its business, including the making of deposits in and disbursements from the funds. The administrative board shall meet at least bi-annually. 11.5. COMPENSATION. The members of the administrative board shall receive compensation for their duties and shall be reimbursed for all reasonable and necessary expenses which they may incur in the performance of their duties. Provision may be made to compensate one or more members of the administrative board for special executive or administrative services performed in connection with the direction, administration, or operation of the Trust. 11.6. RULES AND REGULATIONS. The administrative board may promulgate such rules and regulations as may, in its discretion, be proper or necessary for the sound and efficient administration of the Trust; but such rules shall not take effect until a copy or copies
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thereof have been mailed to the carrier of such policy or policies which may be affected by such rules and regulations. 11.7. GENERAL ADMINISTRATION. The administrative board may delegate its administrative and ministerial powers and duties to an Executive Director. The Trust may employ such persons as it deems necessary on such terms and conditions as the administrative board shall deem appropriate. 11.8. RECORDS - AUDITS - REPORTS. The Trust shall keep true and accurate books of account and records of all its transactions, which shall be audited annually or more often by a public accountant and furnish to participating local governments from time to time reports respecting the status of the Trust and the status of each fund and the status of the bond, policy or policies, and the benefits paid thereunder, but the administrative board shall not be required to furnish such reports more often than annually. 11.9. MEETINGS. Any action by the administrative board pursuant to this Agreement may be taken either at a meeting, a meeting at which all or several members participate by electronic means, or in writing without a meeting. A meeting may be called at any time by the chairman or any two members, giving at least five days written notice to the other members. Notice of any meeting may be dispensed with if all the members in writing waive the notice. Notice shall be deemed waived by any member that appears at a meeting, unless such appearance is solely for the purpose of objecting to the failure to give the notice required by this section. 11.10. MAJORITY REQUIRED. Any action taken by the administrative board pursuant to this Agreement, except as otherwise provided, shall be by at least a majority of a quorum of the members. A quorum is a majority of the total number of the members of the administrative board. 11.11. NO LIABILITY OF BOARD. The administrative board shall not have any liability with respect to the nonpayment of local government contributions. All suits and proceedings to enforce or protect any other right, demand, or claim on behalf of the administrative board or Trust, may be instituted and prosecuted on behalf of the Trust and the administrative board. 11.12. NO LIABILITY - EXCEPTIONS. The members of the administrative board personally and individually, whether severally or jointly, shall not be liable in any matter or transaction or for any omission relating to the conduct of the business of the Trust nor their respective activities and performance of their duties with respect thereto. No member shall be liable for errors in judgment of himself or of the other members nor for any act, judgment, or exercise of discretion of the administrative board’s agents or employees, in the conduct of the Trust and each shall be liable only for his own willful misconduct or wrongdoing in respect thereto. 11.13. FULL FAITH AND CREDIT. The administrative board shall honor and be bound by all agreements made by their predecessors, successors, assigns, or assignors.
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ARTICLE XII TERMINATION-DISTRIBUTION OF ASSETS
12.1. PROCEDURE. This Agreement may be terminated: 12.1.1. BY MEMBERS. On a two-thirds majority vote of all members at a meeting called for that purpose after written notice of such meeting stating the time, purpose, and place of the meeting is given to all members at least 30 days prior to this meeting. 12.1.2. BY ADMINISTRATIVE BOARD. By a two-thirds majority vote of all of the members of the administrative board at a meeting called for that purpose after written notice of such meeting stating the time, purpose, and place of the meeting is given to all members of the board and of the Trust at least 30 days prior to the meeting. The Trust board may not terminate this Agreement if more than 25 percent of the members appear at the meeting to object to terminating this Agreement. 12.2. PAYMENT OF OBLIGATIONS. On termination of this Agreement, the entity and administrative board shall continue in existence for the purpose of winding down the affairs of the Trust. The Trust shall make provision, so far as reasonably possible, for the orderly transfer of all policies held in the name of the Trust and to protect members and their employees. The Trust shall, to the extent it has revenues, pay all obligations of the Trust from each fund for which the fund is obligated. 12.3. DISTRIBUTION OF ASSETS. After paying or making provision for paying all claims, whether reported or unreported, the Trust shall pay to the member participants, including those that may have ceased to be members, their proportionate share of the assets from each fund according to the member’s ratio of contribution to the fund to the total contribution of all members divided by the unencumbered assets of the fund. Notwithstanding the foregoing, the decision of the Trust board as to the distribution of the assets of the Trust within each fund to participating members and former members shall be final and binding unless the distribution is arbitrary, unreasonable, and capricious under the construction given by the administrative board.
ARTICLE XIII AMENDMENTS
13.1. BY MEMBER. The members of the Trust may amend the provisions of this Agreement except Sections 5.1., 5.3 12.3., and 13.5. on a two-thirds vote of those attending any meeting called for that purpose by at least ten members or by the administrative board, on giving at least 30 days written notice of the time, purpose, and place of the meeting. The written notice must include the specific language of the proposed amendment. 13.2. BY BOARD. The administrative board may amend the provisions of the Agreement, except Sections 5.1., 5.3 12.3., and 13.5. by a two-thirds vote, at any meeting called for that purpose if at least 30 days written notice of the time, purpose, and place of the meeting is provided to all members and members of the board. The written notice must include the specific language of the proposed amendment and advise the members about their right to object to the
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proposed amendment and the method by which such right may be exercised. The amendment shall not be effective if more than 50 percent of the members appear personally or provide written objection to the proposed amendment prior to the time of the meeting. 13.3. RESTRICTIONS ON RIGHT TO AMEND. Sections 5.1. 5.3., 12.3., and 13.5. shall not be amended except with the unanimous concurrence of all members and local governments entitled to the funds of or refunds or payments from the Trust. 13.4. NOTICE OF AMENDMENT. After an amendment has been approved by the members or Trust board, notice shall be given to all members of the amendment together with a statement of the effective date of the amendment which shall be at least 30 days after the date of the meeting at which the amendment was approved. 13.5. MEMBERS SUBJECT TO CONTINGENT ASSESSMENT. (Reserved.) 13.6. CONSENT REQUIRED FOR OTHER ASSESSMENT. (Reserved.)
ARTICLE XIV MISCELLANEOUS PROVISIONS
14.1. RECORDS OF LOCAL GOVERNMENT TO BE FURNISHED. Local governments shall furnish to the administrative board such records and any other information as the administrative board or the insurance carrier of the policy or policies may require in connection with the administration of the Trust. The insurance carrier shall have the right to audit all records of the Trust or local governments pertaining to the insurance provided by the carrier. 14.2. THIRD PARTY CLAIMS AGAINST TRUST FUNDS. Unless otherwise specifically provided in a written agreement between a unit of local government and the Trust, no local government nor any other person claiming by or through such employee by reason of having been named a beneficiary in a certificate or otherwise, shall have any claim against the monies or properties of the Trust, and the interests of such employees, beneficiaries, and other persons claiming through them shall be limited to those specified in the policy or policies. 14.3 SPECIAL PROVISIONS RELATING TO WORKERS’ COMPENSATION COVERAGE. For each member that chooses to participate in the Workers’ Compensation insurance program through the Trust, the Trust shall pay any workers’ compensation liabilities incurred during the period of participation and membership. The member’s bankruptcy insolvency or withdrawal from the Trust shall not relieve the Trust of such workers’ compensation liability, nor shall bankruptcy, insolvency or cessation of the Trust relieve the member of its ultimate liability to pay the worker’s compensation claims of the member’s employees. 14.4. SUPERSEDES PRIOR AGREEMENT. This Agreement supersedes and replaces all previous Interlocal Agreements creating or establishing the Utah Local Governments Trust.
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DATED as of and made effective _________________________, 20____. UTAH LOCAL GOVERNMENTS TRUST
Executive Director of Utah Local Governments Trust Name of Public Agency Signature of Person Authorized to Bind This Agreement Date Approved as to form Attorney
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