Council OKs Edgewater Townhomes Phase 2 build-first agreement, tables Phase 3 over wall dispute
December 13, 2022, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The American Fork City Council approved a performance-in-lieu agreement letting HVAF 2 LLC build Edgewater Townhomes Phase 2 improvements before posting a bond, on the condition that a boundary-line agreement with a neighbor is recorded, and tabled a similar Phase 3 agreement until a disputed wall is redesigned. It approved a Doug Smith Subaru sponsorship and naming-rights deal for the Art Dye dog park, adopted access-management code changes, set the 2023 meeting schedule and released more than $1.1 million in developer guarantees.
From the approved minutes.
Decisions at a glance
| Item | Result |
|---|---|
| HERO award honoring Art and Mary Dye | No action |
| Release of $85,988.80 construction guarantee, Timp Hollow Plat D | Approved · 5-0 |
| Release of $1,086,381.59 construction guarantee, American Fork Apartments/Castlewood | Approved · 5-0 |
| Release of $2,250 durability retainer, Swig | Approved · 5-0 |
| Ratification of payments Nov. 16-Dec. 6, 2022, and purchases over $50,000 | Approved · 5-0 |
| Performance-in-lieu agreement, Edgewater Townhomes Phase 2 (HVAF 2 LLC) | Approved with conditions · 5-0 |
| Performance-in-lieu agreement, Edgewater Townhomes Phase 3 (HVAF 2 LLC) | Tabled · 5-0 |
| Art Dye dog park sponsorship and naming rights, Doug Smith Subaru | Approved · 5-0 |
| Access management code amendments (Ordinance 2022-12-60) | Approved · 5-0 |
| 2023 City Council meeting schedule (Ordinance 2022-12-61) | Approved · 5-0 |
Agenda, item by item
Item 2 · Presentation
HERO and lifesaving awards to Patricia Roberts
No action
Battalion Chief Brandon Boshard and Mayor Frost honored retired ER nurse Patricia Roberts, who began CPR on her son-in-law before EMS arrived in October 2022. The mayor declared Oct. 6, 2022, Patricia Roberts Day.
Item 3 · Presentation
Best of Utah Firefighter Challenge award
No action
Dustin Cook of ServePro presented the Best of Utah Firefighter Challenge trophy to American Fork firefighters, who have won it four years running. SIRQ Construction sponsored the event; Councilmember Hunter helped organize it.
Item 4 · Parks
HERO award honoring Art and Mary Dye
No action
The mayor honored Art and Mary Dye, whose donated State Street grocery and cafe land was sold to buy the land for Art Dye Park, and unveiled a plaque (donated anonymously) for a park monument.
Item Consent 3 · Development
Release of $85,988.80 construction guarantee, Timp Hollow Plat D
Approved · 5-0
Consent approval releasing the improvements construction guarantee and issuing a notice of acceptance for public improvements in Timp Hollow Plat D.
- Payment$85,989
- Amount released: $85,988.80
Item Consent 4 · Development
Release of $1,086,381.59 construction guarantee, American Fork Apartments/Castlewood
Approved · 5-0
Consent approval releasing the improvements construction guarantee and issuing a notice of acceptance for the public improvements built with the American Fork Apartments (Castlewood) project.
- Payment$1.09 million
- Amount released: $1,086,381.59
Item Consent 5 · Development
Release of $2,250 durability retainer, Swig
Approved · 5-0
Consent approval releasing the improvements durability retainer for the Swig drink shop.
- Payment$2,250
Item Consent 6 · Budget
Ratification of payments Nov. 16-Dec. 6, 2022, and purchases over $50,000
Approved · 5-0
Routine consent ratification of city payments and approval of purchase requests over $50,000; the minutes do not itemize them.
Item Action 1 · Development
Performance-in-lieu agreement, Edgewater Townhomes Phase 2 (HVAF 2 LLC)
Approved with conditions · 5-0
Agreement letting developer HVAF 2 LLC install Edgewater Townhomes Phase 2 public improvements before posting a construction guarantee; the city inspects and accepts them afterward. Adjacent owner Amber Lamph said a signed boundary-line agreement had not been filed. The council made approval conditional on that agreement being filed and recorded with the county; City Administrator David Bunker questioned the condition and suggested tabling, but the motion passed.
- Developer: HVAF 2 LLC
- Condition: boundary line agreement filed and recorded with Utah County
Item Action 2 · Development
Performance-in-lieu agreement, Edgewater Townhomes Phase 3 (HVAF 2 LLC)
Tabled · 5-0
Tabled until a retaining/boundary wall that must be redesigned in both phases is resolved. The applicant had been allowed to proceed with lot plans on condition it bond for the wall.
Item Action 3 · Parks
Art Dye dog park sponsorship and naming rights, Doug Smith Subaru
Approved · 5-0
Approved a sponsorship and naming-rights agreement under which Doug Smith Subaru donates money for improvements to the Art Dye Park dog park beyond what was budgeted. The minutes do not state the amount.
- GrantAmount not given to Doug Smith Subaru
- Councilmember Clark Taylor disclosed Doug Smith Subaru is his client and that he helped put the deal together; he voted yes
Item Action 4 · City code
Access management code amendments (Ordinance 2022-12-60)
Approved · 5-0
Amended the title of Division 17 and Sections 15.01.1830-1850 of city code on access management (driveway and street access). Councilmember Shelton asked that redundant wording about city engineer acceptance be simplified, and the ordinance was adopted with that change.
Item Action 5 · Other
2023 City Council meeting schedule (Ordinance 2022-12-61)
Approved · 5-0
Set dates, time and place of 2023 council meetings as required by state law.
What residents said
Red-light running at 1120 North and 100 EastSpeedingDebris left in streetsUnfinished irrigation meter installationsEdgewater Townhomes boundary line and wall
Steve Smith asked for a speed radar trailer and help with drivers running the red left-turn arrow at 1120 North and 100 East (a UDOT signal), complained about dirt and rock a neighbor left in the street, and said an irrigation-meter hole at his home had not been covered. Nick Merrill thanked police, fire, parks, streets and the library and praised the council for adopting a street code aligned with the bike and pedestrian master plan. Neighbor Amber Lamph asked that Edgewater Townhomes improvements be built as approved and said a signed boundary-line agreement had not been filed with the county.