East-West Connector–What Can You Do Today?

Background

The East-West or Murdock Connector is a road which has been under discussion for about 40 years. When built, it will connect N. County Parkway (4800 W) with Alpine Hwy (5300 W) south of Lone Peak High School.

An Open Meeting Violation is Being Referred to the County Attorney’s Office According to Senator Dayton

The East-West connector and development of the land south of Lone Peak High School continues to be most interesting. Was the meeting Senator Dayton expressed concern (my 15th “Issues and Information” meeting held at city hall on 5-Oct-2017) a violation of the Open Meeting Act? Good question. Let’s start with Senator Dayton’s email:

From: Margaret Dayton <mdayton@le.utah.gov>
Date: Friday, October 6, 2017 at 5:18 PM
…
Subject: USDC issues

Gentlemen ~ I have had a few calls today from Highland residents concerned about a meeting that was held at Highland City last night to discuss USDC land issues.

Apparently you were all there.

I have also been told that the mayor and 3 of the city council were there - so that indicates a majority of the city council was in attendance  - and thus a quorum was present. Reports that have come to me indicate that not all the city council were aware of the mtg - and that the meeting was not posted on the Highland City website - thus violating the Open and Public Meetings law.

Open Meetings Act is defined “meeting means a convening of a public body with a quorum present to discuss, receive public comment about, or act upon a matter over which the Pubic Body has advisory power.”

Some of the citizens took copious notes - and sent them to me re discussion of selling all the USDC land, changing the master plan, reconfiguring the road plans, etc Apparently no motions were taken - but public input and discussion were certainly part of the meeting.

The recordings I received were not voice recordings, so I do cannot argue about the proceedings of the meeting.The violation of the open meetings act is apparently being referred to the County Attys office.

Those in violation of the open meetings act are not any of you - it would be the city council members and at the mayor - but the optics of layering all of you on top of that mtg is not good - so I wanted to let you know what I had heard.

Just a heads up -

Enjoy this glorious fall and the long weekend.

Margaret

There were indeed three Highland City council members at this meeting. However, what the senator perhaps did not realize was that:

• This meeting was organized by me.
• The meeting room was paid for by me.
• The agenda was set by me.
• The purpose of the meeting was to provide a forum for residents to interact with our state legislators on the issue of the East-West connector.
• I used the same notification process I have used for my other meetings which includes: creating a Facebook event; inviting Facebook members who live in the Highland area; sharing the event with multiple Facebook Groups and Pages; sending an invite to those who signed up to be notified. I did do something extra this time and paid to boost the Facebook invite to residents in Alpine, Cedar Hills, and PG.
• The elected officials who attended the meeting came of their own volition with the exception of Representative Mike Kennedy and Senator Dan Hemmert who were invited to discuss the steps that will be taken by the legislature with regard to approval of the East-West connector.
• She need not worry about the notes she received being inaccurate as the meeting was recorded and posted. For those brave enough to watch a meeting some evidently believe violated the Open Meeting Act, here it is .

It is also interesting to note that the only previous “Issues and Information” meeting that I have held where three council members and the mayor were present was on May 26th 2016.  That was promoted as “The East-West Connector and State Land, a Discussion with Senator Dayton." Click here to read my notes from the meeting (which includes an excellent summary by Tammy Hodson) and here to see the Facebook invite. Elected and state officials who attended that meeting include: State Auditor John Dougal, Senator Margaret Dayton, a state attorney whose name I don’t recall, Representative Mike Kennedy, Highland City Council members: Rod Mann, Brian Braithwaite, Dennis LeBaron, and Highland Mayor Mark Thompson. During this meeting many of the same topics discussed as were Thursday night. This includes:

• The east-west connector road
• Use of funds generated from developing the land
• Potential configurations of land under development
• State owned land and property tax revenues for the city

So why was May 2016 meeting not an Open Meeting act violation and the Oct 2017 meeting was? The truth is neither were. Those public officials who attended both meetings did so of there own volition (see chance meeting below in the public meeting act). Both agendas included no items that the city council would be voting on and the intent was for our representatives to inform residents about the East-West Connector and state lands as well as provide a forum where residents could ask questions and get answers.

So what’s next now? My understanding is that the state attorney’s office deals with Open Meeting Act violations so the county should forward the referral to the state attorney’s office. State Auditor John Dougal may get to weigh in (and probably should since he was in attendance). I will be happy to respond to any and all questions from state attorney’s office.

Elected officials who were in attendance include:

• Dan Hemmert, State Senator
• Mike Kennedy, State Representative
• John Dougal, State Auditor
• Mark Thompson, Highland Mayor
• Gary Gygi. Cedar Hills Mayor
• Sheldon Wimmer, Alpine Mayor
• Rob Shelton, American Fork City Council
• Jenney Rees, Cedar Hills City Council
• Brian Braithwaite, Highland City Council
• Dennis LeBaron, Highland City Council
• Rod Mann, Highland City Council

Rather than this being an occasion where the “optics of layering all of you on top of that mtg is not good” I believe it was wonderful to see so many leaders being willing to engage with constituents on an issue that is important to them. Thank you to each of the leaders (elected officials and staff) for taking the time to be there and share your thoughts!

By the way this was another great “Issues and Information” meeting. Lots of questions were asked and answered. Representative Kennedy and Senator Hemmert were excellent. I asked Highland City Engineer Todd Trane to give and overview of how roads are designed and speed limits set – he did a great job. Bill Exeter, the state’s project manager for the development of the land, gave an ad-hoc overview of the road and land development plans. He gave a good overview of the purpose of the project he is working on and answered all questions. I had no idea he was coming but really appreciate his contribution to the meeting. Andrew Jackson, the executive director of MAG also came and provided a lot of valuable insights.

Below are the definitions from the Utah Public Meeting Act which is part of Utah State Code. I’ve highlighted a few relevant items:

Definitions
(6)

1. "Meeting" means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specific body has jurisdiction or advisory power.
2. "Meeting" does not mean:
   1. a chance gathering or social gathering; or
   2. a convening of the State Tax Commission to consider a confidential tax matter in accordance with Section 59-1-405.
3. "Meeting" does not mean the convening of a public body that has both legislative and executive responsibilities if:
   1. no public funds are appropriated for expenditure during the time the public body is convened; and
   2. the public body is convened solely for the discussion or implementation of administrative or operational matters:
      1. for which no formal action by the public body is required; or
      2. that would not come before the public body for discussion or action.

Criminal Penalty for Closed Meeting Violation

In addition to any other penalty under this chapter, a member of a public body who knowingly or intentionally violates or who knowingly or intentionally abets or advises a violation of any of the closed meeting provisions of this chapter is guilty of a class B misdemeanor.

* For those who listened to the whole meeting. You heard me say something that was incorrect near the end of the meeting. When asked if any one councilman could stop the road I said no. I also said that I didn’t believe that even a 3 / 2 vote could stop the road. What I should have said was that while a 3 / 2 vote could delay the road given the overwhelming need for the road that ratio would likely change after the following election.

Postscript

On October 10th the Highland city attorney drafted an opinion on the matter of the Issues and Information meeting being a violation of the Open Meeting Act. Note, I was not one of the people who requested that opinion and I am not sure who did.

Dear Mayor and Council:

I've been asked by several people to respond to some questions raised about Rod's Issues and Information meeting with Mike Kennedy regarding the connector road, and whether it needed to be publicly advertised, and whether having a quorum present required someone to leave. 

Rod's event does not qualify as a public meeting under the law because it was not a "convening" of the city council.  Specifically, the statute states "Convening means the calling together of a public body by a person authorized to do so...." Utah Code 52-4-103(3).  As a council member, Rod is not authorized to convene a meeting of the City Council.  However, if the Mayor had done so, it would need to be advertised because he is authorized to convene the "public body" to do business.

No public notice or advertising was needed because it was not a public meeting.  Also, no one knew in advance whether others on the council would attend since they were invited (but not required) to attend.

The other issue is when several council members show up to a meeting like this as guests, did a quorum require someone to leave?  No, because a quorum was never constituted because it was not a public meeting.

However, remember that the intent of the Open Meetings law is transparency.  Therefore, if three members of the council show up and begin to debate each other and deliberate on the public's business, I can see how that would be a violation of the law -- not because the private event became "public", but because they engaged in the public's business outside of a public meeting (see the difference).

Please let me know if you have any questions. 

Best wishes,

Tim [Merrill]

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HANSEN WRIGHT ATTORNEYS

233 S. Pleasant Grove Blvd., Suite 202
Pleasant Grove, Utah 84062
Telephone: (801) 443-2380
Facsimile: (801) 796-0984

hansenwright.com

Related Links:

• May 2017 USDC Board meeting: 
  The full minutes for the meeting can be found by clicking here.
  You can also listen to a recording of the meeting by clicking here. The first 18 minutes are particularly interesting.
• East-West Connector Road Study and Analysis
• History of the East-West Connector
• May 2016 Issues and Information: A Discussion With Senator Dayton

Why Am I Supporting Rod Mann For Mayor?

Here are five Highland residents discussing why they support my run for Mayor. In the group are those who did not vote for me when I ran for city council, are members of different political parties, and disagree with me on issues. Some I have known for twelve years others a just a few. These were recorded during the primary. More will be coming.

City Council 5-Sep-2017: Dry Creek Park, Library Expansion

Sixty-three residents were in attendance most were there for the Dry Creek Lake or the Library Expansion presentations.

Presentations

1. Dry Creek Park – Lorin Powell, Lehi City Engineer. Lorin gave a presentation (click here to open the presentation) on the current status of the Dry Creek Park plan. Before I do a brief overview of the presentation let me first go over some background info:
   

City Council 1-Aug-2017: Safety Enhancement 11800 and Highland Blvd, Preliminary Approval for Ruby Estate, Urban Deer Control Discussion

Thirty residents and guests attended the council meeting. I don’t believe there was one single issue that brought most of the residents although I believe a number came to see the 11800 N  / Highland Blvd Intersection safety construction motion approved.

APPEARANCES

• David Larsen, a junior cabinet member, from Lone Peak HS, proposed putting an image of the LPHS Logo in the intersection of N. County Blvd and Cedar Hills Drive. The council indicated that they would support the initiative but that N. County Blvd was a state road and UDOT would need to authorize the project.

City Council 18-Jul-2017: Country French No Build Zone, Preliminary Plats for Dr. Larsen Dental Office and Oak Ridge, Financial Sustainability Study, R-1-30 Zone Application

Forty-two residents and guests attended the council meeting. Most were there because of the No Build setback question in Country French Estates. 

APPEARANCES

• Anne Hansen: Expressed support for proposed fireworks ban and indicated she would support a complete ban in the future.

• Neal Evans: Asked that item 9 (R-1-30 zone application) and 3 (Oak Ridge Preliminary Plan) be discussed together.  Request was denied as they were independent issues (i.e. the result of a vote on one has no bearing on the other).

City Council 20-Jun-2017: Final Plat approvals, Fireworks and Open Fire Restrictions

10 residents plus Scout Troop 1128 were in attendance.

APPEARANCES

• None.

CONSENT

1. MOTION: Approval of Meeting Minutes for the City Council Regular Session – June 6, 2017 Click here to view the minutes. Approved unanimously with minor changes.

Lone Peak Fire District State Auditor's Report

We received the final report from the State Auditor’s office regarding the Lone Peak Fire District. There are a number of things that the district can improve on and I am thankful to the state auditors for putting together a  comprehensive list of items to work on.You can read the report below (click here to view the official pdf version of the report).

Here are links to stories in the media that cover the report:

• Deseret News: Audit: Lone Peak fire must tighten up discipline, use of credit cards
• The Salt Lake Tribune: State audit recommends the Lone Peak Fire Department improve its financial policies

Deciding Which Boxes To Check On Your Ballot

I occasionally feel like Mr. Bean looks when it comes to deciding whose box to check on the ballot. Let me share some thoughts on what I believe is important based on having served nearly four years on the Highland City council.

Questions from Highland Residents

I’ve knocked on nearly 10% of the doors in Highland, and talked with many of you at various events. Here are responses to three of the questions and comments I frequently hear:

City Council 6-Jun-2017: Annexation, New Veterinary Office Permit, 2017-18 Budget Approval, and Pre-Disaster Hazard Mitigation Plan

Sixteen residents attended the meeting; three were candidates, the rest had items of concern on the agenda or were there for scouting. We were done in less than an hour – most likely a record for an annual budget meeting. We were able to get through the budget “quickly” because of the discussions that we had in prior council meetings/work sessions, staff’s thoroughness in preparation and the mayor who moved things along.

APPEARANCES

16-May-2017: Funding Road Rehabilitation

Fifteen residents attended the meeting. Not many considering the nature of the conversation, the Road Fee.

APPEARANCES

Why is Rod Running for Mayor?

So why the heck I am running? Wasn’t four years as a member of the Highland City council enough? My council experience actually exceeded my expectations. Granted they were low, however I found I enjoyed learning, responding to questions, and writing about city issues in my blog. I also found that if I didn’t get push back on positions I ended up being unsure of them. When challenged I listen and do more homework. I find that my convictions are strengthened by the process or I modify my position based on new information.

The council and staff has “moved the ball” forward during the last four years. I want to be involved in continuing to make improvements on how we operate as a city.

Why I am running for mayor of Highland City.

When I ran for council I initially had to push myself out the door to walk neighborhoods. But as time went on I found that I really enjoyed talking with Highland residents. This time I was excited to go “tracting” again and I am enjoying the opportunity to meet people like you.

If you have any questions or concerns please feel free to contact me via phone, text or email. Below is a copy of the content of a flyer I am handing out when I go out and knock on your doors.

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When I ran for city council I committed to do three things:

• Solicit your input
• Share information
• Make informed decisions

I kept those commitments!
Here's how:

Sharing Information

• Posted 112 articles covering council meetings and local issues.
• Hosted 15 “Issues & Information” meetings which provided an opportunity for us to talk with city council and school board members, state legislators, and state officers about local issues.

Informed Decisions

• Key issues, such as how to fix the roads, were addressed only after extensive research was conducted. Click here to see my posts that included road discussions.
• The city now conducts an annual resident survey on matters facing the community.

As your mayor, I will continue to:

• Solicit input and respond to comments and questions
• Improve transparency in our decision-making process.
• Work with staff to provide the council and residents with accurate and complete information.

Specific issues that are on my priority list:

• East-West Connector: Create a legislative committee to ensure that the state legislature ratifies the Development Center Board’s decision to build the road. Click here to read my posts related to the connector
• Open-Space and Parks: The open-space fee, park usage and maintenance are complex and emotional issues that must be addressed. I will work with staff and the council to gather essential information and identify the most equitable and reasonable solutions possible.
• Zoning: It is clear from the recent city surveys that residents want to retain the large-lot feel of Highland and enjoy the city’s family friendly environment. I will ensure that the community continues to be involved in zoning decisions so that these values are protected.

The city is on the right track. I will ensure that we continue moving in the right direction.

Please visit my website and Facebook page to learn more about me. Note, you will find information on current issues with summaries and charts that are not found elsewhere.

Website:	www.mannforhighland.com www.mannkindperspectives.com
Email:	rod@mannforhighland.com
Mobile:	801-318-7141

2-May-2017: Tentative Budget, Cemetery Fee updates, Political Signs

There were a limited number of residents present (7) at the meeting. Don’t know if that is good or bad :). The conversation with Rob Smith was interesting and informative. Thanks to ASD for being proactive and communicating with the city without any specific item in mind.

APPEARANCES

18-Apr-17: Rezone of Property to the West of the new Car Wash

Once again the most “popular” item on the agenda was a final vote on a rezone request for property located just to the west of the new car wash on Timpanogos Hwy from residential to professional office. This time only 22 residents attended the meeting (as opposed to 67 last time).

21-Mar-2017: Rezone of Property at 11020 N 5500 W to Residential Professional, 2017 Resident Survey Results

The hot topic for the night was a rezone request for property located just to the west of the new car wash on Timpanogos Hwy from residential to professional office. This and a related issue brought about 67 residents to share their views with the council. I was the swing vote twice.

Staff presented the results of the 2017 Resident Survey. It was interesting. I’ve included a link to the charts and graphs that staff put together as well as the raw data with summaries and additional charts.

Murdock Connector: An Analysis of the 2017 Traffic Study

Another milestone was reached last month when a road study was completed on impact of constructing an East-West Connector. Below is a brief summary of the report, my analysis of the information provided, and suggestions on how you can impact the decision going forward. According to the study (click here to see the report).

• 80% of the traffic on a connector would be local traffic while 20% would be commuter.
• While all of the proposed routes have a positive impact on traffic, the central option has the best overall long term impact.
• All connector options would reduce traffic on both SR-92 and 700 N in American Fork.

There are issues with each of the locations for a connector which were analyzed (see the map above).

14-Mar-2017: Joint Work Session with Planning Commission on R-1-30 Zone Use

R-1-30 and the Council a Brief Overview

Before I discuss the work session  I want to review the history of the lot sizes in Highland, then R-1-30 zone and its implementation.

Highland Lot Size Info

Lots sizes of developments approved since 2014. As a point of information the estimated density of all Open Space subdivisions (this includes park land and other open space) is ~1.6 lots/acre.

Zone	Avg. Lot Size	Median Lot Size	Avg. Density
R-1-20	0.48 acres 20,835 sq. ft.	0.46 acres 20,167 sq. ft.	1.65 lots/acre
R-1-30	0.60 acres 25,941 sq. ft.	0.58 acres 25,132 sq. ft.	1.33 lots/acre
R-1-40	0.78 acres 34,491 sq. ft.	0.75 acres 32,756 sq. ft.	1.06 lots/acre
* All	0.47 acres 25,276 sq. ft.	0.58 acres 20,386 sq. ft.

* This lot size data was derived by using the lot sizes of all property using pressurized irrigation where the parcel was larger than 0.10 acres and smaller than 6 acres. The data represents ~95% of all property in Highland.

Timeline of R-1-30 Actions:

The Way of the Reformer – William George Jordan

“The Way of the Reformer” is one of my favorite essays by William George Jordan. In it he discusses the challenges faced by those who seek to make the world a better place. They are not always popular and on more than one occasion have given their lives for their cause. William Tyndale comes to mind. He  translated the Bible into English in the early 1500’s. His work so displeased the King and other prominent leaders that he ended up fleeing to Antwerp to continue his work. He was eventually captured, tried for heresy, and put to death. Below is a short video which summarizes William’s inspiring life work.

Jordan’s essay below is dedicated to those who, like Tyndale, labor to make the world a better place in the face of opposition.

City Council 21-Feb-2017: Cemetery Fee Work Session, Staff Pay Grades, Public Info Plan for Roads, Water Conservation Plan

15 residents (9 scouts) were in attendance for the council meeting; none were at the cemetery work session. We again were able to accomplish a fair amount of work during the meetings .

Cemetery Fee Work Session

The cemetery work session was the 2nd one we’ve held to understand what we need to charge for cemetery plots so that we end up with a fund that will generate sufficient interest income to cover the cost of cemetery operations once all the plots are sold. Note, Tim Irwin brought this up as an issue we should work on last year.

Zion’s Bank was contracted to do an analysis of what what our options are. Matt Millis of Zion’s Bank reviewed a model which they developed to help us determine an answer to this question. We also needed to provide some guidance on three questions so that the analysis could proceed: