p







4:00 P.M.	WORK SESSION – CITY COUNCIL CHAMBERS

1.	PRESENTATION - Energy Department Staff Recognitions

2.	PRESENTATION – Recreation Center Update – Kelsy Alsup, Management Intern

3.	DISCUSSION – Pole Canyon Annexation and Master Development Plan

4.	AGENDA REVIEW – The City Council will review items on the Consent Agenda and Policy Session Agenda.

5.	CITY ADMINISTRATOR INFORMATION ITEMS – This is an opportunity for the City Administrator to provide information to the City Council.  These items are for information and do not require action by the City Council.
A.	Update on the Sewer Treatment Facility (Presented by Chris Trusty)

6.	ADJOURN TO A CLOSED EXECUTIVE SESSION – The City Council will adjourn into a Closed Executive Session for the purpose of discussing reasonably imminent litigation, and the purchase, lease or exchange of real property, pursuant to Section 52-4-205(1) of the Utah Code, Annotated.

7:00 P.M. POLICY SESSION – CITY COUNCIL CHAMBERS

7.	CALL TO ORDER

8.	PLEDGE OF ALLEGIANCE

9.	INFORMATION ITEMS/UPCOMING EVENTS

10.	PUBLIC COMMENTS – Time has been set aside for the public to express their ideas, concerns and comments.  (Please limit your comments to three minutes each.)

11.	CITY COUNCIL/MAYOR’S ITEMS – Time has been set aside for the City Council and Mayor to make comments.  (Comments are limited to three minutes each.)

CONSENT AGENDA

12.	MINUTES
A.	July 7, 2009 – Regular City Council Meeting

13.	CHANGE ORDER
A.	Waste Water Treatment Plant Change Order #5 – Nelson Brothers
B.	Water Line for Well Number 5 Change Order #2 – Horrocks Engineering
C.	Mt. Airey Park Storm Drain Change Order #1 – Skip Dunn
D.	Bobby Wren Boulevard Construction Project Change Order #1 – Staker Parson
  
14.	WARRANTY RELEASE
A.	Sweetwater Phase 1 Warranty Bond Release (Out of warranty)

SCHEDULED ITEMS

15.	RESOLUTION – Consideration and Adoption of a Resolution of the City Council of Eagle Mountain, Utah Amending the Consolidated Fee Schedule.

BACKGROUND:  (Presented by Fionnuala Kofoed) The proposed resolution will amend the Consolidated Fee Schedule to include changes to the Timpanogos Special Service District NSA Treatment Fee per ERU, power rates, business licensing fees, development application fees, cost of a bound street guide, and the addition of a candidate filing fee.  

16.	RESOLUTION – Consideration and Approval of a Resolution Adopting a Red Flag Policy and Identity Theft Prevention Program for Eagle Mountain City.

BACKGROUND:  (Presented by Jerry Kinghorn) Federal Law and Federal Trade Commission regulations require creditors who collect credit information and bill utility services in arrears, to adopt policies and regulations to assist in the detection of identity theft.   The proposed resolution will adopt a policy for employees of the City to follow to help prevent identity theft.  The proposed policy is adapted from a model policy for governmental utilities.

17.	RESOLUTION – Consideration and Approval of a Resolution Amending the Policies and Procedures Manual.

BACKGROUND:  (Presented by DeAnna Whitney)  Due to scheduling of 24-hour shifts at the Fire Department, full time firefighters accrue leave at 1.5 times the rate of other full time employees of the City.  These accruals were determined by using accruals of other Fire Departments.  It is recommended that the Policies and Procedures Manual be updated to reflect these rates of accrual.

18.	MOTION – Consideration and Approval of Impact and Building Fee Reimbursement for Dr. Ryan Hart Dental Building.

BACKGROUND:  (Presented by John Hendrickson) Dr. Ryan Hart is requesting that the City refund his connection and permit fees in the same manner that they did for Dr. Gardiner.

19.	AGREEMENT – Consideration and Approval of an Operation, Management and Lease Agreement for The Ranches Golf Course.

BACKGROUND: (Presented by John Hendrickson) This agreement provides operation, management and leasing for The Ranches Golf Course through Vanguard Golf Management Group, which manages and operates the Thanksgiving Point and Sand Hollow golf courses in Lehi and St. George.

20.	AGREEMENT – Consideration and Approval of a Donation Agreement for The Ranches Golf Course.

BACKGROUND:  (Presented by John Hendrickson)  Eagle Mountain Holdings and Eagle Mountain Links LLC have offered the City ownership of The Ranches Golf Course property in the form of a donation free and clear of any fiscal encumbrances.  The donation also includes other items such as property and equipment associated with the course, a cash donation of $650,000 and a Verizon/Cricket cell tower lease.

21.	AGREEMENT – Consideration and Approval of an Indemnification Agreement with Eagle Mountain Holdings LLC and Eagle Mountain Links LLC Concerning the Golf Course Donation Agreement.

BACKGROUND:  (Presented by Jerry Kinghorn) This Agreement provides for recourse by the City against Eagle Mountain Holdings LLC and Eagle Mountain Links LLC if third party claims are brought against the City for any matter arising before the City became the owner of the golf course.

22.	AGREEMENT – Consideration and Approval of a Settlement Agreement with Ames Construction, Eagle Mountain Holdings LLC and Eagle Mountain Links LLC Concerning Claims Against the City and Banked Water Entitlements.

BACKGROUND:  (Presented by Jerry Kinghorn) Over the years that Ames Construction, Eagle Mountain Holdings and Eagle Mountain Links (“the Developers”) have owned and developed property in the City, the Developers and the City have not been able to reach agreement on the City standards for water right dedication and the requirements for water for the Golf Course.  Formal written claims have been made against the City by the Developers from time to time which remain unresolved.  The City has unresolved claims against banked water entitlements held by the Developers.  In this Agreement, the City and the Developers agree to finally compromise and settle all claims against each other.

23.	RESOLUTION – Consideration and Adoption of Resolution of the City Council of Eagle Mountain, Utah Authorizing Filing of Amended LLC Articles for Eagle Mountain Clubhouse, LLC and Execution of All Required Documents to Transfer the Assets of Eagle Mountain Clubhouse LLC to the City and Wind Up and Dissolve Eagle Mountain Clubhouse, LLC and Take Other Required Actions Related to the City Operation of The Ranches Golf Course.

BACKGROUND: (Presented by John Hendrickson) In the acquisition of the Golf Course the City will receive all the assets in the form of a limited liability company called Eagle Mountain Clubhouse LLC.  The City will take control of the LLC and transfer all assets to the City, placing certain restrictions on the use of the Golf Course property and dissolve the LLC.  This resolution  authorizes the execution of the documents to complete the transaction and vest title to the Golf Course in the City.

24.	CITY COUNCIL/MAYOR’S BUSINESS – This time is set aside for the City Council’s and Mayor’s comments on city business.

25.	COMMUNICATION ITEMS
A.	Upcoming Agenda Items
B.	Financial Report

26.	ADJOURNMENT



































CERTIFICATE OF POSTING
The undersigned duly appointed recorder or deputy recorder does hereby certify that the above agenda notice was posted in four public places within Eagle Mountain City limits on this 16th day of July, 2009.  These public places being bulletin boards located inside the City offices and located in the Eagle Mountain City Library, 1650 E. Stagecoach Run, Eagle Mtn., UT; and the bulletin board located inside the Prairie Gate professional office building, 3688 E. Campus Dr., Eagle Mountain, Utah.  On this 16th day of July, 2009, the above agenda notice was posted to the Utah State public notice website at http://www.utah.gov/pmn/index.html.

Fionnuala B. Kofoed, City Recorder