City Council - Regular Meeting

Okay, good evening everybody. Welcome to our city council meeting for the 14th of January. Happy new year to everybody. We apologize for the late start. We just got in the middle of an agenda item in our previous meeting. Had to wrap that up. So, we apologize for the late start. Um, we're going to get started tonight with a pledge of allegiance by Gavin Nyberg. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you, Gavin. You glad you came tonight now? appreciate you doing that. Thank you. Okay, we're going to go to our item 4.2, city council comments and recognitions. Um, I just want to uh recognize uh one of our wonderful staff members here, Shelley, uh, and Reese uh, what's it? Real across Reese Across America. And also our first responders that were there doing our uh, ceremony. We saw them on last Monday night here doing the flag ceremony again and they just look sharp in those class A's and they they do a wonderful job. So, thank you guys for that.

You can I thought you were told me you were going to go with that. Um, one thing I wanted to comment tonight, I've got a we've got a friend here, Grant. Um Grant's mission, he's a resident here in Herman, and his mission is to have every city around issue a proclamation about National Religious Freedom Day, which is coming up this Friday. Um kind of as an informal policy, just I will say as a council, we do not we just don't we don't adopt proclamations. They can be some of them can be political. We don't like to bring that into the city level, if you will. But Grant has done amazing work. So, we just want to mention tonight just um as a council, we fully support this holiday. You know, this observation this weekend, Grant, the work you're doing out there, we respect it. We admire it. Um um we debated this week whether to find to do it and issue a proclamation. We just still decided it's just matter of, you know, consistency. We're going to stick with that. But so I just promised Grant that I would mention that today to keep that in mind this week that um you know I will say I don't I don't do this very often but I did attend a Hanukkah celebration last month and it was my first experience understanding um I just posted about it you know I went to supports the invitation I posted about on my social media and I was blown up with anti-semitic comments and that really like for the first time I understood that sometimes I think we do take our religious freedom for granted right here, you know. So, um I just wanted to mention that that just we're supportive of this concept as a as a council as well. And um personally, I think we all are as well. So, um Grant, thank you for your work. Um we appreciate what you do and just keep that in mind as we celebrate that as a country on Friday. So, and with that, we'll move on to item five on our agenda tonight. Um public comment. At this point, audience members may bring any item within the city's purview to the city council's attention.

Comments will be limited to two minutes. State law prohibits the council from acting on items that do not appear on the agenda. Public comments for this meeting will be will also be conducted electronically. Any person interested in addressing the council may submit a comment by emailing recorder@haramman.gov or by visiting harman.gov/aggendas GV/aggendas and minutes where there's a link to fill out an online public comment form. Your statement will be incorporated into the public record. So at this point, if you have a comment, I don't have any forms, but if you have any public comments at this point, you can come up and you have two minutes. Oh, we got Oh, here they come. Never mind. Sorry, I do have forms. Okay, we'll start with Rod Sylvester. Thank you. Thank you. Uh, I'm Rod Sylvester. I live at 14415 South Palo Alto Drive. And I want to bring to your attention the need for deer depradation in Haramman City. Um, in my neighborhood, I I bet I've spent more than $2,000 repair replacing plants that the deer are killing. And what they're do is it's the bucks that are doing it. Uh, mostly the doe's are eating, but the bucks come in and scrape their horns up and down the tree, scrape all the bark off. uh they scrape they break the branches off and if you've priced plants lately it's you know $400 for a for an evergreen and uh I've I've spent a lot of money on it. I wanted to tell you that um uh they break off the branches, they eat the plants and I've tried to choose plants that they don't eat, but it's mostly the bucks that are eating um or they're breaking the branches off and killing the trees. I have two 5 acre plots next to me behind my backyard. I have my entire backyard fenced, but my front yard is not, and that's where I'm getting mo the damage. Uh they the deer walking up and down the street. Uh just

in October, there was one with an arrow sticking out of its somebody had shot it with an arrow. And anyway, uh I called DWR. I sent you guys some uh emails. A couple of you responded and said I had to call DWR. I called DWR. They said that you need to call them. They said the city has to contact us. We won't do anything unless the city contacts us. So, I'm asking the city if you'll please take care of that and get something done. Chris Garcia was at the DWR and he's the one that said that uh to do it that you needed to call him and I would sure appreciate if you could do something. I've got deer at least 12 head running up and down my street all the time. And then I w wanted to ask you if you could do something about building an indoor tennis facility in Heramman. Um there's a lot of us that play tennis. Uh there's one double court on Mirabella. There's one single court down on Rose Road. They get used by all ages. I've seen plenty of teenagers, 20 year olds, 30 year olds, 40 year olds. Um and we need a portaotty over there at at it's there's no place to use the bathroom. if you get over there playing and what do you do? Uh, and the nearest indoor facilities are in one in Lehi 15 miles away, one in Murray, 24 miles away, and the U of 34 miles away. So, we travel to these places to go play. And um, and then I would just ask you if you could possibly approve getting this spring a new surface put on the double court over on Mirabella. It's is really worn and and looking bad. The uh city just replaced two nets last July and we appreciated that. That made a big difference. The nets were falling apart. But uh I just want to bring that up to you and thank you for all the work that you do.

Thank you, Rodney. Appreciate your comments.

Okay, we'll go to Gavin Ninberg. So when we're going to school on every day, we're at the crosswalk here. I think it's Black Locust the main street and we're going so it's not a problem. We're coming down this path but now it gets super bumpy and it gets super super narrow and you have like the water pipes and stuff next to it, so there's not a way to expand. And then you guys also took out like the speed limit signs, so there's people just flying everywhere. And now that's like more dangerous for everyone. And then so maybe we could get like a to go to school faster and more conveniently. Maybe we could put like a light at the Haramman Rose Boulevard and Main Street intersection kind of like there. Um yeah, but that's it.

Perfect. Thank you, Gavin. Appreciate you being here and being involved, bud. This your second time, right? You came before, right? I remember it. Thanks for being here, Gavin. Okay, Lacy Taylor.

Okay. Um I am just coming I'm on the school community council still and so we're actively assessing our safe walking route. Um in addition just listening to your guys' work meeting that you had in December and just kind of following up on those thoughts. um our safe walking route um has created problems kind of all over. And while it's easy to throw our hands up and say like, well, we provided a safe route, we cannot discount the fact that we've been a catalyst um to other unsafe practices that have been adopted by students and parents. Um we've had an increase in vehicles all around the school. Um in a survey we had that we sent out to parents, it was a 43 increase of people saying they were driving more because of the safe walking route. Um there's U-turns happening all over illegally. Um students are taking are still crossing. I think you guys cited that in your meeting that there was 70 students still using the old um crossing path. Um we also have students jaywalking over 5600 West we or well over Main Street, but then they're also traveling up to 5600 West where there's no crossing guards. Um, so there's just a lot there's more that I could add, but there's a lot of things that are happening and it's in direct conflict with what the safe walking route according to the government prescribes of what a safe rack walking route should be that it should um reduce the vehicles that are there. It should encourage walking and I think it's done directly the opposite. Um, with regards to the grant that um was kind of awarded but not officially accepted, um, I have really appreciated Bryce's work on that. Um, I think it was the safest option that the city's been willing to entertain. Um, is it the safest option that we want? No. I feel like we're being pitted against pedestrians, against vehicular traffic, and that's never what we've wanted. We've continually asked for a a intersection light signal at Haramman Rose Boulevard and Herman um Maine. And the reason has even been said by the police that that is the safest way for students to cross is at a controlled intersection. And so

all we're asking is for that to happen. And I know that I'm kicking against the brakes, but it still I come back to it every time I keep circling back that that is the safest option. And I don't want to lose the grant money. So I don't know if an amendment can be made and they can consider that. But frankly, I'd rather wait a year and have that solution than do this um one that's proposed. Thank you. Perfect. Thank you, Lacy.

Okay, those are all the forms I have. Anybody else with public comment tonight?

Good evening. My name is Colin Ricks and I'm here as a community member and a licensed civil engineer to speak about safety on Main Street. While attention has been focused on the Heramman Rose crossing, the entire stretch from 5600 West to 126 South is unsafe at all times of the year. The city has been aware of this for many years, and yet even minor improvements still have not been made. Since 2010, there have been more than 160 crashes on this road, and I have personally had multiple close calls, including at the supposedly safer signalized intersection at Black Locust. [clears throat] The core problems on the street are related to visibility and vehicle speed. Any effective solution must address both of these issues. I understand the city has been offered EOT grant to modify the Airman Rose intersection and school crossing. I don't believe that is the best option. The most affection most effective option preferred by both drivers and pedestrians is pedestrian controlled signal. According to the Federal Highway Administration, the solution is easily warranted by the city's own traffic study and pedestrian counts. But meaningful safety improvements don't have to be expensive or complicated. Several loweffort options could be implemented immediately. Objectively, slower streets are safer streets. Reducing the speed limit from 35 to 30 m hour increases sight distance and reaction time with minimal impact on traffic flow. Radar feedback signs and raised intersections naturally slow vehicles. Transverse pavement markings and zebra stripes help alert drivers to pedestrian crossings. On a similar five-lane road near my office in Cottonwood Heights, simply relocating the rapid flashing beacons farther upstream from pedestrian crossing significantly improve driver awareness at a poor visibility curve. These and other loweffort options could be implemented tomorrow for immediate improvements in safety. On their own, each may not amount to much, but together they can have a larger impact.

Instead of implementing an unpopular, expensive, and disruptive change, why can't we try some easy solutions to see how well they work? Thank you. Thank you, Colin. Any other public comment tonight? Okay, seeing none, we will move on to uh our council reports. Um we'll start with Jared. Nothing. Teddy.

Um, mayor, I just want to comment on some of the public comments we received electronically and then also here tonight about that intersection. Um, there has not been a proposed uh change andor recommendation as of yet. There have been some ideas and there will be open houses, public hearings, and time to reflect on that. Um, and there'll be multiple scenarios to talk about. So, more to come on that. no decisions have been made to accept or deny that grant or to have be awarded that money yet. So, there's a lot more clarity and a lot more discussion to be had before any of that happens. So, and we will make sure that everybody's apprised of that. You will be getting a date and time and schedule very soon in the mail about those. We'll also post it on social media and etc. So, stay tuned for more. That's all I have. Mayor. Okay. Thank you, Teddy. Welcome. We nothing to report, but stay tuned.

I should I should welcome I didn't even I noticed recognized you in the council in the work meeting, but um this is our first meeting for council member Basham. So, welcome. Um Miss Sherry sitting next to me still, but you know, we appreciate your service, willing to serve, so he'll be up here with us for four years. So, congratulations and welcome. Thank you. So, we'll get you on some committees tonight and then you can start reporting in a couple of weeks. So, okay. Tara, anything?

Um sure. I'd just like to say one of my responsibilities is to work with the Herman Youth Council and they had their culture night last weekend. We had lots of people there. So grateful for the community support and I'm really neat to see what the youth council is doing and um all the ways that they're eager to serve our community.

It was a great night. They ran out of passports fast. It was it was hopping in here. It was fantastic. So, thank you and Angie um for your help being here that week. So, thank you. Um, I don't have anything tonight either. There's good luck to come in the coming weeks for sure. Most my committee meetings start up again tomorrow. So, nothing for me tonight either. So, we will go on to our reports tonight. Um, 8.1 presentation of the audited financial statements for fiscal year 2025. Kyle Thank you, mayor. Uh, first I did want to mention, especially for our new council members, normally the audit partner that performed our audit would be doing this presentation. However, uh, due to us hopefully going live with our new financial software in two weeks, uh, we have consultants here all week. So I was unable to uh make schedule a uh time for the audit committee to meet uh to review the statements. So um our audit partner is coming in two weeks before the next meeting. So uh just FYI that that is the normal process. But I do would like to go give you a quick overview of the financial statements tonight and some things to be aware of um and some key items that I call them frequently asked questions when people ask me questions um where they where it is in the financial statements. Okay. So uh first okay um just going through the statements. So, um, uh, page numbers are actually wrong until I I've been dealing with the consultants all week, which has drained my abilities apparently. Um, but actually, it is the right page. So, page six is what's called the management's discussion and analysis.

And what this is, it's a uh narrative by management of what happened in the city during the year. So if you're not a very technical person or don't want to weigh through all the financial statements or the notes, uh this will give you a highle detail of what happened and some of the significant changes during the year. So I like to highlight that. So usually if I tell people, especially if they're not financially savvy, start with the management's discussion and analysis. Um as our city manager would point out, um we have a very strict template to follow. So it is somewhat dry. However, it's less dry than the rest of the uh statements. Uh the next one I'm going to go to is page 23, which are what are called the governmentwide financial statements. Uh so this actually came about in about 2000. So for governmental accounting is fairly recent. What it attempts to do is it takes the city and puts it on the same accounting standards as a for-profit business. Um so it does give you an idea if we were to take the city compare it with a business what would the numbers look like um for comparison. Um I don't particularly as a finance person find these particularly useful because in government we aren't focused on profit. We are focusing on resources to provide services to our citizens. However, one thing of note on the statement of net position which is basically the balance sheet. Um at the bottom it has a number second to the bottom called unrestricted. So what this number is so it's approximately 68 million. So if we took everything that we could spend in the city um not counting that some things are restricted like we don't want to spend util water utility funds on streets that is the amount of money we would have um to do to do things with. They said not it it it does give a indication of how the city is doing uh from a health standpoint from a fiscal health

standpoint. It's something we would never do, but it's one of the highlights. Um, there one thing I do use a lot is on page 26. It's called uh the governmental funds balance sheet. Um, as we discussed a little bit um during the work session, we were talking about revenues is we have a lot of different funds within the city. Um, when somebody asked me what a fund is, I usually will say think of it as a checkbook and we have different checkbooks for different things. So, police department has a checkbook and then we have what's called the general fund and that's for everything else. Um, it's typically those services you think a city should provide such as public works and police. It's the typically the largest fund so it's the one you hear the most about. Uh, once again at the bottom there's a un unassigned number that really is the amount we can spend in the general fund without that doesn't have any restrictions on it. Um we as you can see on the slide we have the majority of our money is restricted meaning there are external forces telling us how we can spend the money. Um to give you an example impact fees are a good example. The state tells us what we can and cannot spend that money on. Bond proceeds we receive. We have very strict criteria or grant funds. Um so I like to point those out. Um and then page 27 is long name because in government we have to differentiate ourselves. Um we we call the income statement a statement of revenues, expenditures and changes in fund balances. So this will tell you what money each fund took in uh and how we spent those funds. And then um we run the water and storm water funds. We use the same accounting as a private business. However, we don't treat them as private businesses because we don't have a profit motive since we're in a government. Um, we do separate those statements out and they'll start on page 30.

And the largest chunk because you look at this and you think, "Wow, there's a lot of financial statements in here." There's actually very few statements, but it's the notes to the statements that make up a lot of what this report is. And really, that's giving all the detail to the numbers. And it really is to try to paint a full picture, transparent picture of what's happening in the city. Uh the ones I get the most questions about is what cash does the city have and where is it invested. Uh that's on page 49 of the statement. So it um it's in note 4. So that tells you what we have on deposit and then where it's deposited. So it doesn't necessarily go into if that money is restricted for certain things, but it at least tells you where where we've got those funds located. Um, next one is I get a lot of questions about debt. What kind of what kind of debt do we have? Um, what's our next bond payments due? Um, that's all on page 56. Um, there's a lot of notes on uh the debt. So, it'll go through each each issue, what the interest rate is, um, and very uh general uh descriptions of what the uh bonds were for. And then finally, this is actually new. This is only a few years old. We are now required anytime we offer a tax abatement agreement, i.e. an incentive that we are um using tax uh increment for, such as a sales tax incentive agreement. Those are all on page 75. So, it includes a lot of the incentive agreements the city has. Um just as a caveat, it's not all of our agreements. So, we have some reimbursement agreements with developers that might be paid with impact fees because we're not using tax funds to repay that. It's not in that section. Um, and what is I and what I as a finance officer use the most is actually

the budget and actual comparisons on uh page 82 and also page 95. What those are is it's those same numbers um above in page 27. However, it's got what the city's budget for that was attached. So, you can see, okay, we actually brought in more revenue than we were anticipating. We spent less than we were anticipating. Um, we use that as a guide almost every week. I won't say every day, but every week because the budget, as you know, as the council is the cornerstone of our financial management. It's really uh we really use it to make sure we are on track with everything. Um, with that being said, I just wanted to give some uh notes about the audit itself. Um, so it was for the past fiscal year, which runs from July to June. Yes, it does take us 6 months to prepare the financial statements. Uh, usually we don't have all of the numbers we need to prepare those statements until September. Then we go through the usual audit process with our external audit firm and then preparing the statements. And it before you know it, it's December. Um page three is the audit opinion letter. So this is issued by the firm that did our financial audit. Um one thing of note is that their audit um states that the statements are presented fairly in all material respects. So they do not check every single transaction that goes through the city. they're they just want to ensure that the statements are materially accurate that if a normal person read the statements they wouldn't be misled by the information in the statements. Um, one thing that's very important is management is responsible for the financial statements. They aren't the auditor's statements. They are our statements as uh the managers of the city. Um, and I do note on here that both myself as the finance director or

the CFO as the state has me titled and our city manager do sign a certification saying that yes, these statements are accurate and represent in all material respects um, accurate financial statements. Um, one thing um is people think that the auditors are intentionally looking for fraud. They don't look for fraud unless they find it in course of their their audit and they're really focusing on is that fraud causing the financial statements to not be materially accurate. So sometimes you will hear in the news some you know a treasurer steals $2 million and they're like why didn't the auditor find it? 2 million they probably should have but unless it's related to the financial statements they probably aren't looking for it. And then finally, people think an audit covers everything. It really doesn't cover if the city is functioning effectively or efficiently. They really are just auditing the numbers. So it is it is something to keep in mind on what this audit actually is covering. And then finally, um we did have what's called a compliance audit and a single audit done. Uh so what a single audit is is the auditors have to do additional testing because we receive federal funding and we received enough federal funding last year that it triggered this audit. Um and as I said it it does look at internal control and make sure that we were um following all applicable laws and it also there is a letter in the back that says that we are compliant with the state compliance audit guide. So we are compliant with uh state code in relation to financial reporting. The good news is after all that is we did not have any findings this year and our auditors did not issue what's called a management letter. Um if there were findings or other issues they would like to communicate with the audit committee and use the council um they would have

issued a letter and they did not this year. Uh, so with that, just as a note, next I said in two weeks we will have our audit committee meeting. Um, and um, Council Member Hodes is the council representative on that. So I'm sure there's anything of note, he will be happy to bring it up. So with that being said, are there any questions on the audit this year? I'm just curious, have we had findings in the past?

Uh, yes. We've had one or two a year. Uh last year for example, we did have a budget finding audit, meaning we spent more than we than was budgeted in a line item that was due to basically we were doing um audit reconciliations after the end of the year. I needed to process a budget amendment, but um due to it being outside of the year, I did not process that amendment. So they've they've been minor in the past. Thank you. Yeah. And one of you guys will be lucky enough to join me on that audit committee probably. Don't everybody run for it. Okay. Think we're good. Thank you, Kyle.

Okay. Um, bear with me one second. I need to look at one thing on the consent agenda. Uh, mayor, just a second. We're verifying that the item that was printed for you I think is the old agenda and we're just verifying the one that was actually given to the public is the correct agenda. I'm not sure how that so on on yours it'll have a 96 for the consent. It is not it's not on the official agenda. Okay. So we don't So I apologize for that. We just noticed. So we're okay we're okay to approve the consent. 96 is not on the

96 was pulled. It's not on the official agenda. It's not on the state website. So on yours when you're approving it, you're approving you're striking 5.6. It's not on there. Okay. Okay. So item nine, consent agenda. Look for a motion. Make a motion to approve the consent agenda as written. Motion by Matt. Second. Second by Teddy. Uh Jared. Yes. Teddy. Yes. Matt. Yes. Terra. Yes.

I'll vote yes. That motion carries. Okay, we'll go to item 10.1, appointment of council representatives to various committees. Nathan. So, uh, every year council has asked us to bring you back the opportunity to, uh, review your committee assignments and with a change with counselor or stepping away and councelor Basham coming on. You have vacancies in uh, a couple external boards and some internal boards. So, externally, South Valley Chambers uh board of directors are I'm not sure what their title is that you're on, but that our two representatives uh you have one vacant. Um the ULCT, the Utah League of Cities Legislative Policy Committee. Um also has a vacancy that can be filled by an additional elected or staff. The Wasatch Front waste and recycling has one opening for elected official. And then internally, you have the community development um committee, the education committee, the finance committee, and the youth council. I believe that the youth council you had chosen to put counselor Anderson on uh but officially it was councelor Orange. So, this would be your time to uh designate who you want to serve in those assignments. Do

you have a list of last year we went through all the committees and kind of looked and see if we wanted to move around anything? Yeah. So there, so in in your staff report, it goes in the report

there is that uh sorry it's a bit of an eye chart uh but it it goes through who who the uh the group is. If there's a vacancy, if it's in if there's a red vacant, there is a vacancy. um some of these. So if you start the association of uh municipal councils, it's all council members can attend that and then there's within that group they select people to sit on a committee. So the last time we had uh councelor Shields for a while was the president of that group. They kind of do their their thing. And uh we did try to put their uh meeting dates to those but all all counselors are welcome to go to that. There's not really an assignment we make. Council of governments uh the public works committee those are the COG is really the the mayors and so Mayor Palmer is uh and same with the conference of mayors. Uh you were chair this is last year's assignment. Uh, and so I think as you look through there, there are some that we control, others are are bigger appointments. Um, the Jordan Valley Water Conservancy is actually recommended by the the governor, but we share representation with Riverton. Uh, they just redrew those B. We used to be Bluffdale, Riverton, and Herman. I think they re

just configured that recently, but we're still with Riverton. Can I ask you what page of the packet we're on? It should be on page. It's way down there. 484, which sounds terrible.

Chap or page 484 of the LA Miz novel we sent you. Um, so you just you you look down the left. We do have, like I said, the vacancy on South Valley Chamber. Uh the it's councelor Hodges is still on there. Uh councelor or was on there so there's a vacancy the and then you'll see also we try to assign a staff person to maybe be your leaison if you need some help with that. Uh I know there had been discussions specifically uh was front needs a resolution. So there should be a resolution attached. You just have to fill in the name. We had talked about having councelor Henderson do that. Um the uh ULCT I don't think you need to do a resolution. I think you just need to point I'm looking down at Todd since he's our guru on that. Um so really that's your your group. It's those ones I listed in the staff report that will have vacancies, but you certainly can change any that you want. I guess I'll ask anybody wanting to give up anything. Not you have to. I'm just saying are you burned out from anything? [laughter] I'm fine to stay uh with UFA and community development. Um some of these are much more labor intensive than than others for sure. Um I'm fine with those. and we had talked about me filling Sherry's spot on was front waste and recycling district. I'm fine to do that especially with my experience and the issues that we're facing there

and I'm fine with that. I'm also comfortable with my current roles uh specifically in the Jordan Basin improvement as chair there currently and then the auxiliary boards we have with South Valley Chamber and um the internal boards and the league. Okay. So I think I'm I'm just looking through I so I'm you guys tell me what you're we've talked about a few of these. So So Jared for was front waist. Um I think we can slot Matt into some of these kind

happy to you know jump into South Valley Chamber with that'd be that'd be good for you. It's a Wednesday morning. Yeah. Tara I'd like to keep I'd like to keep Tara with the youth council for sure. Um, and mosquito. And mosquito. Yep. Anything else? Terra, do you have any others? I'm trying to remember. Do you have mosquito? He's on the league as well. And you're on LPC. LPC, too, which I would like to keep. There's one vacant there, so Matt can jump on that as well and nominate Matt. So, I think we put Matt on the LPC as well. So, get ready. That starts a week. That starts Monday. Monday. A week from Monday. We don't have it next week. Correct. The 26.

Yep. Every Monday through session. Um education and education finance and community development board. Yep. Education quarterly, so it's not a huge time commitment, but we have to be active on it. I'm happy to hop on community development, too. I I'm happy to go wherever. I don't really know what the education committee is, you know, or the finance committee. So that would be helpful.

So the the education committee, I can't speak. Education committee meets, I think, quarterly. It's really a a coordinating meeting with the school district and sometimes we invite some of the the surrounding cities as we talk about uh just those issues that cross between city government and the school district. So yeah, such as safe walk routes or building sites or there's, you know, getting ahead of any development that the the school needs or wants. Boundary changes are sometimes brought up, stuff like that. Well, I'd like to see you two maybe split these last two, education and finance, if you guys have. And it looks like Terra's on audit already. Okay. And I'll do finance.

I don't know if you knew that, but it looks like you're on the audit committee the from Steve's old position currently. Yeah, I I see that now. I wasn't [laughter] aware of that. But it looks like it's as Don't look at the rest of the list. [laughter] The audit committee meets once a year, maybe twice meeting before the audit. Yes, twice. Is that different than the finance or is that what finance is? Different. Finance apparently is a separate committee, but we've never actually held a meeting since I've been here. Yeah, I don't that was that's old. Finance is know what it is. Yeah. So, we don't need a So, Do we even need to hire all the finance committee? Well, yeah.

Yeah. I I think the audit committee and the finance committee there was a lot of bleed over. I think it's just the audit committee uh because of the way we've been doing the budgets now where we work with you all. We're not we were pulling people aside and just giving two people the budget. It you're all getting it. So, so not let's not worry about finance then. Terry is on audit. Are we okay with that? I'm I'm okay. Are you I'm okay with it, but I am interested in the education committee and so I can do both or give audit to Matt or you know but whatever seems to make sense. I'm the new guy here so I got to take you know the co I'm okay with team player. Let's do that. Let's put Tara on education.

Okay. And then let's move Matt to audit. We can make that change right now. Right. I think it's also good because Terry, you you have kids in the school district. I think it's Yeah. I like that. Okay. For the motion, do we need to name So, we have several of these where there's multiple people. Do we just need to name the who's filling the vacancy or do we need to name both of them on our motion? Say that again. For the motion, nominating people, some of these have more than one representative. Do we name both or we just need to name who's filling the vacancy. I I would think you're just making the chain whatever's chain. Okay. Okay.

Right. You got it. Let's do it. All right. So, motion approve resolution R01-2026 appointing Jared Henderson to serve on the Wasatch Front Waste and Recycling Board. Do we need to do Can I just name all of them? Yep. Um hold on. Do we need an action and roll call on that one though? Can I do all of them together or do we need to do a vote on each one? That one has Okay, let's do that one first then. Okay, so I've got a motion by Jared on that one. Second. Second by Teddy. Uh Jared, yes. Teddy, yes. Matt, yes. Tara, yes. No vote. Yes. Okay, that motion carries. Now, let's do the rest. Motion to nominate Matt Basham for the vacancy on South Valley Chamber Commerce Board. Now, you can do them all. Yeah, we can do them all.

I can do them all because that one says second vote, too. Um Matt uh as well to the ULCT and the community development board and then Tara Anderson to the education committee and the youth council and Matt to audit and switching. Oh, we're switching now. Matt to audit cash finance. Second. Okay. Motion by Jared, second by Teddy. All in favor? I I

thank you. That motion carries. Okay. Thank you everybody. Um, and those will become fluid over the years. We look at this every year. Um, and I will say in COG as we get bigger, there are other opportunities. And I will say as we are at LPC, that's how we've got on these boards is be present. We've shown up. So there are there will be other opportunities to serve. You'll get asked by certain cog groups and so there can be um Justin texted me. We missed one because we did not have this board on our list for last year, but Trans Jordan also has a board that Sherry served on for a short period of time and that also requires a resolution. So, we'll have to bring that one back. We we'll bring that back. We actually have two people on there, Justin and Sherry. So, we'll we still have representation. I forgot about it. So,

yeah. Yeah, that's a new one. Yeah.

And I will say speaking to before we move on, um Council Member Peruchi called from Riverton. He because with just his back down to us us two cities. I know it I don't it'd be tricky because we couldn't bind a future council if you will but our his term is up in two years and because you like you talk it's intensive. He would like to see us kind of put somebody in waiting if we want to think about that. So just let's talk about that. So maybe it's somebody that he kind of brings along, maybe somebody starts attending, but somebody he can start working with to where he's like, it's clearly an agreement where in two years it comes back to a Herman representative. So I think it makes sense to put, you know, one of us in waiting maybe. Again, it's tricky because you can't bind a future council.

Maybe put that on for discussion when you bring the Trans Jordan one back. Yeah, we can. And just see what we can do. See what staff's thoughts are on that. Yeah.

Okay. Okay, perfect. Thank you everybody. Um, we'll go to 10.2 discussion and consideration to enact Herman City Code 112 regarding personnel appeals. Thank you, mayor and councel. Uh, Utah code requires that there be a personnel appeal process. Um, in reviewing code recently, uh, there is no process in our ordinance. So this is what this code does is it it it may it enacts a process for a couple of things. One, it it determines who should hear the appeal um and the criteria to uh to to be that person. Um two, it establishes a process to file an appeal. Um, three, it establishes the standard of review that the hearing officer um is uh reviewing the decision on. And I'll explain that in a minute. Um, and then it states the that the appeal if if there's an a further appeal that it goes to the Utah Court of Appeals, which is a little bit interesting because typically they go to district court. A couple of discussion items is who is to hear the appeal. Uh Utah code anticipates really two um either a body or a person. Uh it states that a hearing officer could make the decision. That would be our recommendation. But you can also have an appeals board and that board can consist of members of the community. Um that sort of thing. We think that uh a hearing officer would have the technical and legal ability to make the decision. So that's why we're recommending a hearing officer. But the decision is yours. The second thing is how should this person be viewing the appeal? So, as you know, courts have different standards when they're reviewing it. Criminals beyond reasonable doubt. It could be

preponderance of the evidence. Um, we are suggesting that the hearing officer is reviewing the decision of the department head um to determine whether it that department head made a clearly erroneous decision. um which gives uh some um added protection for that department head in and making sure that there's uh one the department head did not make a a a frivolous decision, but two that the hearing officer um is not inputting their own opinion on it. Um so it's placing more weight there and the burden would be on the employee to to make that showing. Um, I think that's about everything. I'm happy to discuss further if you have any questions.

Sounds good to me. Motion to approve ordinance number 2026-01 amending title one of Herman City Code enacting chapter 12 to create a formal personnel appeals process. Motion by Jared. I'll second. Second by Matt. Uh, we'll go Tara. Yes. Matt. Yes. Teddy, yes. Jared, yes. And I'll vote yes as well. That motion carries. Okay, we will go on to 10.3, approval of of a facility use agreement with the Utah Soccer Federation, Wendy. And we have Shelley Gilwall with us here. So, welcome.

From Utah Soccer Federation. I've been working with her on this. Um, as you all know, we've been working on this for I don't know, three years or so, and government moves in a rapid pace. Um this property is located over in the mountain ridge area. It is a 5 acre parcel approximately um that was given to the city as part of the master development agreement. Um through that process it was determined that it would need to remain a civic use. Um an agreed upon civic use between the city, the developer and the property owner at the time which was land reserve. Um we've taken this concept to them. They are in agreement with this use at this location as long as there are no amplified sound or lights at this facility. Um, Utah youth soccer has a legacy fields program which collects money from their players to invest in facilities such as this. As part of that, they get a priority use every year. They've asked for 12 weeks in the spring and 12 weeks in the fall. Um, and in our previous conversations with previous councils, they've been open to that. Um the one change in the property use agreement um that I wanted to bring to you tonight and hopefully this is our final discussion about this project and we can move it forward is there is a small section of sidewalk that is unfinished. It just dead ends on both ends. And that sidewalk is located on Sentinel Ridge Drive. The remaining sidewalk has been finished all the way around that parcel. just that for some reason there was no sidewalk installed on Sentinel Ridge. There's just nothing there. Um Utah, the Utah Soccer Federation has asked for the city to put that in as part of the landscaping of the park strips, which the city council has approved for us to take care of. So, it's an additional $20,000 on top of the

$72,000 that we brought you last time. We'll just round it up to $100,000 for contingency. And that's the amendment that we're going to make in this property use agreement if the council's open to that. And that can come out of park impact fees. Okay. Can I mean again and just so everybody understands this had to be a civic use. We quite frankly we've talked we didn't have money to build much there. Um our last before this our last setback was kind of restrooms. We they wanted us to do restrooms. They've stepped up. They're going to do that now. So really for we're talking $100,000. We're going to get two new soccer fields in the restroom facility. Yep. Um yeah,

it's going to be a nice facility in my opinion. So I think we're there in my opinion. So I'll just any other feedback from if Shelley, do you have anything to add? No. Okay. My only comment is that I kind of started us down down this road. Great use, etc. But this is it. [laughter] Like if they don't want to do it after this, like we're going to move on. Okay. Noted. I know. I drove by today. Um it was neat to see. It's neat to think about something being there instead of what it looks like now. So, yes, thank you for the work that you've done on it.

Y this not a job at Shel. I know you're new to it, but it's finally good to see some Legacy Builds money being spent. So, we're thrilled, Shel. Thank you for coming to the table and making this happen. So, okay, let's look for a motion then. Let's do a motion. Make a motion to approve the facility use agreement with Utah Soccer Federation. Uh, right. So, hold on. I'm reading. Uh, to construct two athletic fields and other amenities to be located approximately at 14002 South Sentinel Ridge Boulevard. Motion by Teddy. They hear second. Second by Tara. Okay. Uh, Tara. Yes. Matt, yes. Teddy, yes. Jared, yes.

And I'll vote yes as well. So that motion carries. I'm gonna text Brian right now and tell him to start building some fields. So So thank you, Shelley. Appreciate it. Appreciate your work. Okay, that brings us to the conclusion of our general meeting tonight. We do have a closed meeting. Just saw Mr. Osman walk in. Um, so our next city council meeting is, okay, sorry, planning commission meeting next Wednesday, 7 o'clock. Um, next city council meeting is on the 28th at 7 o'clock. The yeti hunt is ongoing. I have not known where the first two Oh, they were easy to find if you knew how to do coordinates, but they they're stepping their game up, so it's fun. Yeah, there was math involved today.

Yeah, you couldn't. Yeah, they couldn't math the math fast enough. So, um, city offices will be closed on Monday for Martin Luther King Jr. Day. Anything else? I think that's it right now. The 28th is going to be fun. We're going to have the high school Herman High here doing a Chinese New Year celebration. Kind of a I think they bring their dragon and dance. It's really cool what they do. So, it'll be fun. So, um with that, I will look for a motion to go into closed here. I've got it right. Who wants to do it? I don't have What are we doing? Which Which one are we doing? I don't have it marked off on here. That'd be the litigation and property.

Uh yeah, it's property. And do you need a litigation one as well? So, oh, we do need to do litigation. E and I don't I don't have that in front of me so I can tell you. But imminent litigation and seller real property session strategy session discuss purchase, exchange or release of real property. Okay, there you go. That one. C and Okay, you get to do it. Welcome. C and D.

C and D. Make a motion to temporarily recess city council meeting into a close meeting for the following purposes as provided by Utah State code annotated 524205. Strategy session to discuss pending or reasonably reasonably imminent litigation. Strategy sessions to discuss purchase exchange or lease of real property or to discuss a proposed development agreement propo project proposal or financing proposal related to development of land owned by the city. Motion by Matt. Do I have a second? I'll second. Second by Tara. Uh Tara, yes. Matt, yes. Teddy, yes. Jared, sure.

Jared is sure. And I'll vote yes. We will move into close. We'll go back into Fort Herman. We need uh we need Blake, Justin, Sandra, Todd, Nathan, Wendy, and Aaron. Okay. And council. Okay. Erin's waiting for somebody. We're gonna tackle another issue. We're gonna do the other one first. Okay. Perfect. Okay, move the heart for him. Thank you. Which one? We're gonna do first and close.