Council rejects apartment owner's bid for lower water and sewer rates, annexes 19 acres near 950 North
June 8, 2021, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The American Fork City Council unanimously denied the Fields at Timpanogos apartments' appeal to be billed for water and sewer on actual use rather than per unit, saying the consultant-set residential rates must apply to all apartments. It annexed 19.4 acres at about 950 North 650 West as Searle Annexation #3 and started the process for a PARC tax renewal question on the November ballot. Councilmember Staci Carroll was absent.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item Consent 1 · Subdivision
Mount Timpanogos View Subdivision improvements guarantee released, 1500 North Alpine Highway
Approved · 4-0
Released the improvements durability retainer and accepted public improvements.
- Payment$88,695
- Amount released: $88,695.10
Item Consent 2 · Subdivision
Rockwell Ranch Block 1 Phase 2 improvements guarantee released, 1060 West 420 South
Approved · 4-0
Released the improvements construction guarantee and accepted public improvements.
- Payment$12,500
- Amount released: $12,500.00
Item Consent 3 · Subdivision
Rockwell Ranch Block 3 Phase 1 improvements guarantee released, 1060 West 420 South
Approved · 4-0
Released the improvements construction guarantee and accepted public improvements.
- Payment$131,839
- Amount released: $131,839.08
Item Consent 4 · Subdivision
Rockwell Ranch Block 5 Phase 1 improvements guarantee released, 1050 West 600 South
Approved · 4-0
Released the improvements construction guarantee and accepted public improvements.
- Payment$108,523
- Amount released: $108,522.68
Item Consent 5 · Subdivision
Truck Ranch American Fork improvements guarantee released, 525 East Auto Mall Drive
Approved · 4-0
Released the improvements construction guarantee and accepted public improvements.
- Payment$27,199
- Amount released: $27,199.03
Item Consent 6 · Budget
Ratification of payments May 19-June 1, 2021, and purchases over $25,000
Approved · 4-0
Routine consent ratification; itemized list not in minutes.
Item Action 1 · Appointment
Scott Williamson appointed to Water Conservation Committee
Approved · 4-0
Appointed farmer Scott Williamson to the Water Conservation Committee.
Item Action 2 · Annexation
Searle Annexation #3, 19.369 acres at about 950 North 650 West
Approved · 4-0
Adopted Ordinance 2021-06-26 annexing 19.369 acres, approving the annexation agreement and zoning the land R1-9000 residential and PF public facilities.
- Ordinance 2021-06-26
- Acres: 19.369
- Zones: R1-9000 and PF
Item Action 3 · Taxes and fees
Fields at Timpanogos appeal of water and sewer rates denied
Denied · 4-0
Denied an appeal by the 192-unit Fields at Timpanogos apartments, owned by Perry Commercial (which also owns Timpanogos Industrial), to be billed for water and sewer on actual metered use or commercial rates instead of per unit, and for refunds going back six years. Representative Greg Livingston said the complex is billed as 193 single-family homes at an assumed 6,200 gallons per unit monthly while actual use is far lower, and that the city had already given Timpanogos Industrial a one-year storm water refund. Staff said city code limits refunds to one year and the Bowen Collins rate study treats apartments as residential; councilmembers said a single-owner complex cannot get a different rate than condos. Storm drain charges were not part of the appeal; Councilmember Shelton asked for a later legal review of the refund limit. Councilmember Barnes objected to new handouts at the meeting.
- Appellant: Greg Livingston for Perry Commercial / The Fields at Timpanogos
- Units: 192 apartments plus clubhouse
Item Action 4 · Subdivision
Final plat extensions for Lakeshore Landing, Dixie Farms, AF 10 and AF PD South
Approved · 4-0
Extended final plat approvals in the PR-3.0 zone for Lakeshore Landing Plats A-J (900 West 350 South), Dixie Farms E-1, E-2, F-1 and F-2 (900 West 900 South), Dixie Farms Plat G (800 South 800 West), AF 10 Plats A-C (780 West 620 South) and AF PD South Plat A Conservation PUD (900 West 620 South).
Item Action 5 · City code
Drainage code change requiring 18-inch pipes
Approved · 4-0
Adopted Ordinance 2021-06-28 amending City Code 15.01.150 to require new storm drain pipes to be at least 18 inches instead of 12 inches, matching current practice; existing pipes will not be replaced.
- Ordinance 2021-06-28
Item Action 6 · Taxes and fees
Fiscal 2021-22 general fee schedule
Approved · 4-0
Adopted Resolution 2021-06-19R setting the fee schedule, unchanged since the May 4 work session except for clarified rental deposit language.
- Resolution 2021-06-19R
Item Action 7 · Taxes and fees
Notice to Utah County of PARC tax renewal opinion question
Approved · 4-0
Adopted Resolution 2021-06-20R notifying the Utah County Commission that the city plans a ballot opinion question on renewing the PARC sales tax, amended to say 10 years starting at the end of the current eight-year period. The county had to be notified by June 19 and the lieutenant governor by Aug. 19.
- Resolution 2021-06-20R
What residents said
No one spoke during public comment.