Council ratifies $9.2 million purchase of 30.77 acres near 100 East and 1100 South for future park
November 9, 2021, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The American Fork City Council ratified a $9,231,000 contract to buy 30.77 acres from Windy City Development LLC near 100 East and 1100 South, land Mayor Brad Frost called a south-side counterpart to Art Dye Park, with about 28 acres expected to become parkland. The council also rezoned about 10 acres at 100 West 1500 South from marina to planned industrial for applicant Bruce Frandsen, adopted a storm water management plan and a rewritten pioneering-agreement ordinance, and hired Mobile Digital Insights for a $9,370 citizen survey on city fiber optics.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item 2 · Presentation
GFOA Distinguished Budget Award
No action
Brandon Nelson, president of the Utah Government Finance Officers Association, presented the city the GFOA Distinguished Budget Award for fiscal 2021; Finance Director Anna Montoya accepted.
Item 3 · Presentation
Utah State Library Exemplary Service Award to American Fork Library
No action
Mayor Frost presented the state's Exemplary Service Award to library staff, crediting Library Director Casandria Crane for keeping the library open and serving residents during COVID.
Item Consent 4 · Development
Release of $17,246.22 durability retainer, Harts Service Station, 21 N. 1020 West
Approved · 4-0
Consent approval releasing the improvements durability retainer for the Harts service station site.
- Payment$17,246
- Amount released: $17,246.22
Item Consent 5 · Budget
Ratification of payments Oct. 20-Nov. 2, 2021, and purchases over $50,000
Approved · 4-0
Routine consent ratification of city payments and purchase requests over $50,000; the itemized list is not in the minutes.
Item Action 1 · Appointment
Senior Center Board appointments
Approved · 4-0
Wayne Anderson and Agnetta Schooley appointed to the Senior Center Board with terms ending in 2024.
Item Action 2 · Contract
Water assistance program agreement with Utah Department of Workforce Services
Approved · 4-0
The city joined the federally funded Low-Income Household Water Assistance Program; the finance director was authorized to sign a memorandum of understanding letting DWS pay eligible low-income households' water bills directly to the city.
- Funding from the Consolidated Appropriations Act, 2021
Item Action 3 · Other
Beer/alcohol license, Sweet Lake Biscuits and Limeade, 197 N. West State Road
Approved · 4-0
Approved a beer and alcoholic beverage license for Sweet Lake LLC.
- Application fee: $300
Item Action 4-5 · Contract
Water banking agreements with Layne Downs (6.26 and 3.00 acre-feet)
Approved · 4-0
Two standard water banking agreements letting Layne Downs bank water shares with the city as development water-dedication credits: 6.26 acre-feet of American Fork Irrigation Company shares and 3.00 acre-feet of Highland Conservation District shares.
- 6.26 acre-feet (American Fork Irrigation Co.)
- 3.00 acre-feet (Highland Conservation District)
Item Action 6-7 · Zoning
Frandsen land use and zone change, 100 West 1500 South, Resort/M-1 Marina to Design Industrial/PI-1
Approved · 4-0
Applicant Bruce Frandsen asked to change about 10 acres near the northeast corner of 1100 South and 100 West (listed as 100 West 1500 South) from the Resort land use and M-1 Marina zone to Design Industrial and PI-1 Planned Industrial, matching the industrial land to the east. The original request covered about 95 acres along the Utah Lake shoreline but was scaled back. Frandsen told the Planning Commission he planned tilt-up concrete buildings and that odor from an adjacent sewer lift station made resort uses impractical. Councilmember Carroll urged caution with development near the lake. Engineering conditions require dedicating right-of-way for 1500 South/Lake Shore Drive and 1100 South/570 West as minor collectors with sidepaths and bike lanes.
- Applicant: Bruce Frandsen
- Acres: about 10 (scaled back from about 95)
- Land use: Resort → Design Industrial (Resolution 2021-11-38R)
- Zone: M-1 Marina → PI-1 Planned Industrial (Ordinance 2021-11-52)
- Planning Commission recommended approval
- Connection: the applicant, Bruce Frandsen, is listed among the Planning Commission members on the vote roster in the packet; staff noted he filed a conflict-of-interest statement
Item Action 8 · Contract
Fiber optics citizen feasibility survey, Mobile Digital Insights
Approved · 4-0
Contract with Mobile Digital Insights LLC (MDI Research) to survey residents on whether the city should build a citywide fiber network open to internet providers; the city owns some broadband assets whose expansion was halted by state rules. Council members questioned survey timing, quality and cost questions.
- Contract$9,370 to Mobile Digital Insights LLC
- Amount: $9,370
- Statement of work dated Nov. 5, 2021
Item Action 9 · City code
Pioneering agreements ordinance (new Chapter 17.19)
Approved · 4-0
Repealed Section 17.10.400 and adopted Chapter 17.19 on pioneering agreements, under which whoever builds public facilities can be reimbursed by later benefiting properties. A new provision lets the city itself be reimbursed. The council added language binding the city to the same terms, including the 10-year limit, as private developers.
- Ordinance 2021-11-53
Item Action 10 · Roads and utilities
Storm Water Management Plan
Approved · 4-0
Adopted the city's Storm Water Management Plan for its MS4 permit. City Administrator David Bunker called the stricter state requirements an unfunded mandate; Public Works Director Scott Sensanbaugher said fees may need to be evaluated.
- Resolution 2021-11-39R
Item Action 11 · Parks
Purchase of 30.77 acres from Windy City Development, about 100 East 1100 South
Approved · 4-0
Ratified the real estate purchase contract, following an earlier letter of intent, to buy 30.77 acres (parcel 13:066:0030) for $9,231,000, or $300,000 an acre. The city pays greenbelt rollback taxes and the brokerage commission to Mountain West Commercial (agents Bill Street and Mary Street); the seller keeps the water rights, which the city will bank at its own cost, and may delay closing up to three years for a 1031 exchange with the money escrowed at interest. Mayor Frost called it the south side's Art Dye Park, anticipating about 28 acres of parkland.
- Land deal$9.23 million to Windy City Development LLC
- Seller: Windy City Development LLC (Oakwood Hills, Ill.)
- Price: $9,231,000 ($300,000/acre)
- Earnest money: $50,000
- Title/escrow: Provo Land Title Co.
- Buyer's broker: Mountain West Commercial, commission paid by city
- Seller retains water rights
- Contract address listed as NW corner of 100 East and 1500 South
Item Action 12 · City code
Cul-de-sac code amendment (Section 15.01.1430)
Approved · 4-0
Clarified sidewalk and park strip widths in cul-de-sacs. Councilmembers Taylor and Carroll called an 8-foot park strip excessive; staff will bring back a narrower cross-section, and Mayor Frost urged water-saving code changes.
- Ordinance 2021-11-54
Item Action 13 · Other
Closed session on litigation
No action
Council met in closed session from 8:15 to 9 p.m. to discuss litigation.
What residents said
No one spoke during public comment.