CITY COUNCIL MEETING
Tuesday, April 5, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Darin Lowder, Jim Perry, James Parker, Melissa Willie, Rob Fotheringham
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Rodney Despain, City Planner
Courtney Hammond, City Meeting Transcriber
Others: Carlos Gurr, Karissa Neely-New Utah, Gary Duncan, Paul Shumway, Troop 1193, Paul Hammer, Spencer Clements, Wayne Crabb, Brent Uibell, Zonda Perry, Ralph Walker, Cecil Reid, Ryan Liddiard, Marin Decker-Deseret Morning News, Eric Richardson, Joel Wright, Officer Shawn Richins, Brian Salmon (7:18 p.m.), Robin Salmond (7:23 p.m.), Mark Eddington-Salt Lake Tribune (7:40 p.m.), Marvin Watt (7:40 p.m.), Tanya Morrison, (7:42 p.m.), Ken Cromar (7:51 p.m.)
COUNCIL MEETING
1. This meeting of the City Council of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by Mayor McGee at 7:08 p.m.
Invocation by C. Lowder
Pledge of Allegiance
2. Public Issues for Future Agendas (7:09 p.m.)
Gary Duncan - Mr. Duncan said he represents residents who want to maintain the family-friendly and safe atmosphere in Cedar Hills. He is disappointed with the Council’s decisions regarding alcohol sales and a seven-day commercial work week. He has put together petitions that will allow proposed ordinances to prohibit alcohol sales and limit the work week to Monday, 6 a.m. to Saturday, 11 p.m.
Paul Shumway - Mr. Shumway is disappointed with the Council actions in trying to bring Smiths to Cedar Hills. He said that before elections, many Council members stated support of a six-day work week and an alcohol sales prohibition. He feels the Council has pushed Smiths on the City. He asked the Council to go out into the community and get feedback from residents. He is willing to wait or pay higher taxes rather than allow Smiths.
Paul Hammer - Mr. Hammer reminded the Council that the City has its own procurement code and is not obligated to enact the State procurement code. One section of the procurement code addresses ethics and states that there should be no substantial conflict of interest in procurement. Mr. Hammer said that cabinets were installed in the pro shop by someone who was not contracted and believes that is in violation of the City’s procurement code.
Joel Wright - Mr. Wright said that the Lindon WalMart is taking business out of Pleasant Grove and asked the City to consider what surrounding cities’ actions might do to the City’s commercial zone. Mr. Wright said he was also concerned with speeding on Silver Lake Drive. He asked the Council for some direction on what the community can do to get a speed bump. He said the neighborhood might be willing to collect money to help pay for it. Canyon Heights Drive also has a speed problem. David Bunker explained that speed bumps run about $5,000-7,000. The process for getting a speed bump follows what was done on 4600 West. On that street, the City did a traffic study looking at the 85th percentile speed to see if they exceeded limits. >From there the Council approved a budget for the speed bumps with the construction of 4600 West. C. Fotheringham requested that an item be put on the agenda that discusses a policy for assessing the need for speed reducing devices.
3. Approval of the Minutes from the March 15, 2005, Public Hearing and Regular City Council Meeting (7:27 p.m.)
MOTION: C. Parker - To approve the minutes from the March 15, 2005, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Appointments to the Golf Course Advisory Committee (7:31 p.m.)
See handout. Brandon Hargett resigned from the Golf Committee on March 14, 2005. Mayor McGee recommended that Brad Orton, who served on the previous Golf Course Advisory Committee, be appointed. He served well on the last committee and has attended the last few Golf Committee meetings. Historically, any opening on committees has been advertised with time allowed for applications to be submitted. Mayor McGee looked at outstanding applications on file and chose Brad Orton because he was committed and qualified.
MOTION: C. Willie - To appoint Brad Orton to the Golf Course Advisory Committee to fill the vacancy created by Brandon Hargett with a term ending December 31, 2007. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
5. Review/Action on Golf Course Management Agreement (7:35 p.m.)
See Handouts. Konrad Hildebrandt reported that Gina Higbee, Director of Golf, submitted a letter of resignation on March 17, 2005. All but one member of the golf course administration resigned with Ms. Higbee. Jeff Bricker stayed, though both Mr. Bricker and the City agree that he is not the best candidate to become the permanent Director of Golf. Acting quickly, under emergency situations, the City solicited and retained acquired RC Management to manage and operate the golf course. Mayor McGee read from the City Code Section 1-11-5L that states that the City can immediately authorize funds to correct a problem that creates liability for the City. Following correction, the City Council must be notified of the situation and cost incurred to correct it and the City Council must review the emergency during the next Council meeting. This procedure was followed.
In regards to a contract with RC Management, C. Fotheringham was concerned about a possible incentive of RC Management to drive down the value of the course with the intent to make a bid later. Konrad Hildebrandt stated that currently, there is no compensation for RC Management. C. Perry is uncomfortable with a few provisions in the proposed contract, specifically, RC Management having all authority, including hiring and firing of all golf course staff; remittance of first six months of disbursements from the budget; language about rights they do or don’t have for dispensing free golf. He also feels that language should be inserted that states that anyone that manages the golf course provides any and all information requested by anyone interested in buying the course. C. Fotheringham would also like to see a success level inserted in contracts that determines compensation.
C. Fotheringham suggested that rather than sign a contract with RC Management, an expedited RFQ should be put out. In the interim, RC Management can receive a per diem in the interim. The RFQ can be advertised on the website and any known interested parties contacted, including the PGA. C. Perry suggested the City pay RC Management what was budgeted for Ms. Higbee and the other employees until the RFQ process is completed and a more permanent solution is found. He would prefer signing a short-term contract with RC Management and then go through a rigorous RFQ process rather than rushing through the process.
Cecil Reid of RC Management stated that he has a few issues with signing a short-term contract. The biggest problem is staff. There is no way to maintain a professional staff without some kind of commitment. RC Management does not expect a six-month disbursement up front, as this proposed contract states. His understanding is that RC Management would stay within the current payroll budget. RC Management has the ability to run the pro shop and the golf course. They brought in $3,500 worth of merchandise to stock the pro shop for last weekend’s tournament. Resident Paul Hammer expressed concern that down the road RC Management will want to bid on the course and they should not have control over the course in the interim. C. Lowder pointed out that the Council will be reviewing numbers and holding RC Management accountable. C. Perry added that anybody that is interested in the golf course long term is interested in its short-term success. Additionally, the City is not going to allow a company to take over the course if the company has done a poor job of managing the course. C. Perry proposed that the Council authorize the Mayor to negotiate a month-to-month contract with RC Management. C. Fotheringham added that the contract should allow RC Management to spend a fixed amount that is in the budget for administrative purpose plus keep 95% of pro shop sales.
MOTION: C. Fotheringham - To authorize the Mayor to negotiate a contract with RC Management that includes three points: 1) A fixed monthly amount that is currently in the golf budget for appropriate management expenses, 2) RC Management keeps 95% gross pro shop revenues, 3) The contract is on a month-to-month basis, and 4) That the City attorney put together the contract with full disclosure of all data upon request. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
C. Fotheringham excused - 8:35 p.m.
6. Review/Action on Easement Agreement with All American Development (8:35 p.m.)
See handout. David Bunker reported that a request was made from Reed Swenson on behalf of Property Reserve, Inc. (PRI) for an easement agreement that would grant emergency vehicle access through the open space and City park located at the north end of Canyon Heights, Plat G. PRI currently owns the property north of the City park. The agreement was drafted by All American Development and grants the easement to PRI for future development. If PRI develops the property or sells the property to another developer, PRI is requesting that they would be able to use the open space and park for an access road to tie onto Timpanogos Cove. Mr. Swenson communicated to Konrad Hildebrandt said the easement would only be viable if the City approved it at a future time in conjunction with the development of the remaining PRI property. Legal counsel stated that if the City signs this agreement it is legally binding and PRI would have the easement. No compensation for the easement has been offered. Rod Despain speculated that in In the future PRI will ask for a cul-de-sac that is longer than 1,000 feet, which is not allowed under the current City Code. He felt that PRI might ask for approval of a longer cul-de-sac with the understanding that there is emergency access.
MOTION: C. Willie - To not approve the Easement Agreement in behalf of Property Reserve Inc. for ingress or egress access through the City park land and open space. Seconded by C. Lowder.
C. Parker asked for clarification of whom Legacy Property Investment (LPI) was, who is discussed in paragraph 4. LPI is an entity of All American Development.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Parker - To move Elliot Fields final plat to the next item on the agenda. Seconded by C. Perry.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Final Plat for Elliott Fields (8:47 p.m.)
See handouts. David Bunker reported that Elliot Fields is currently a three-lot subdivision in Pleasant Grove. A portion of the subdivision has boundary adjusted to Cedar Hills. This amended plat for Elliot Fields now shows a four-lot subdivision. The subdivision is ready for asphalt and the bubble will stay in Bevro Heights. There will be a berm along the eastern boundary of the subdivision. This plat needs to be recorded simultaneously with the amended plat in Pleasant Grove. A posting for a 20% durability bond is required.
MOTION: C. Parker - To grant final plat approval for Elliot Fields Subdivision, subject to: 1) Final conveyance of 0.74 acre feet of water rights, 2) Posting of a 20% durability bond, and 3) The simultaneous recording of the amended Pleasant Grove Subdivision Plat. Seconded by C Willie.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
7. Review/Action to Grant a Variance for Canyon Heights, Plat B, Lot 39 (8:55 p.m.)
See handouts. Rodney Despain reported that this issue concerns Lots 38, 39 and 40 of Canyon Heights, Plat B. When the homes on these lots were built, the homeowners relied on one stake at the back of the property to determine their property lines. The inspectors used the same point of reference for all three houses and setback inspections. Now that the houses are built, it has been realized that the back stake was wrong and out of alignment by approximately 50 feet. The mistake has caused all three houses to violate the 12-foot side-yard setback requirement. It is the burden of the applicant to provide the inspector with the outer boundary of the lot. The City has no liability in this issue.
Mr. Clements owns Lot 39. His home is a little more than 9 feet from his south lot line. His neighbor on Lot 40 has threatened legal action unless he buys the extra land to meet the 12-foot side setback requirement and is asking $40,000 for the land. The owner of Lot 40 is also in violation and comes within 1 foot of Lot 41. However, he is also the owner of lot 41 and plans to adjust the boundary to solve his problem.
Discussion - The City Council has four options: 1) Do nothing and see what happens. If the City does nothing, the City takes on liability for not enforcing the zoning ordinance; 2) Require the building to be altered to the extent required to conform, 3) Approve an amendment to the plat for Canyon Heights, Plat B, which results in conformance for Lot 39 and the other adjacent lots, or 4) The City can approve a revised lotting plan applicable to the lots in question, which would reduce the setback requirement to be the same as the current condition. In Rodney Despain’s opinion, option #4 would be the simplest approach but would not address the RV pad on Lot 38. The owners of Lots 38 and 39 have agreed to work out the issue of the RV pad with an adjustment to the boundary. Under the PUD, there is a default side-yard setback of 12 feet. The Council may approve setback requirements that are a variance with this for whatever reason. Rodney Despain said that doing this might set a precedent for violating the law and zoning then coming to the Council to fix it. David Bunker pointed out that in this subdivision, the City has already modified some side-yard setbacks. Specifically, in Plat A, about 4 side-yard setbacks have been modified.
Rodney Despain stated that in order to change the lotting plan, there must be a recommendation from the Planning Commission with a finding that the variance is appropriate and will not result in the establishment of a hazardous condition. Following a Planning Commission recommendation and a Public Hearing, legislative action would be required. Mayor McGee suggested holding off on the revised lotting plan until the owners of Lots 38 and 39 have worked out their setback issues and adjusted boundaries. Mr. Clement’s intention is to get the Council to approve a revised lotting plan and then take that to his neighbor and pay the neighbor a fair price for the land required to meet the setback requirement. Then, if his neighbor won’t agree to a fair price, he will use the revised lotting plan. C. Parker pointed out that the owner of Lot 40 has lost some property. He will eat some cost from a loss of lot size on Lot 41. C. Parker would prefer taking no action on this item tonight.
MOTION: C. Perry - To refer this issue to the Planning Commission. No second. Motion dies.
C. Parker feels that referring this to the Planning Commission just creates more work for them. Mr. Clements can now go to the owner of Lot 40 and let him know that there is another option. That would send the message that there is a way to solve this without selling the land. Rodney Despain suggested that the City Council take no action and refer it to the Planning Commission. Planning Commissioner Eric Richardson defined the difference between a variance and varying the setback. A variance can only be determined by the Board of Adjustment and cannot be self-imposed. Varying the lot line can be recommended by the Planning Commission and approved by the City Council.
C. Fotheringham returns - 9:35 p.m.
MOTION: C. Perry - To refer this issue to the Planning Commission to consider the four options and any others they may consider. Seconded by C. Lowder.
Aye- C. Lowder
C. Perry
C. Willie
Nay-C. Parker
Abstain- C. Fotheringham Motion passes.
9. Review/Action on Funding for Boys/Girls State (9:37 p.m.)
See handouts. Lacie Jones has requested funding for Boys/Girls State. There is a line item in the budget with a note that specifically identifies $550 for Boys/Girls State. Boys/Girls State is a leadership training about government functions and processes.
MOTION: C. Fotheringham - To deny the request for Girls State funding. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. Review/Action on Policy Regarding Dissemination of Police Activity in the City Newsletter (9:40 p.m.)
See handouts. Legal counsel advised that it would be better to look at specific issues and decide whether it is legal to disseminate the information in the newsletter. The code is extensive and might be better addressed on a case by case basis. It is not legal to identify locations and addresses. The information contained in press releases can be put in a newsletter. Sergeant Richins can write a “Police Beat” with crime trends so that residents can protect themselves. The best way to address issues such as sex offenders needs to be addressed. Legal counsel needs to look at what is allowed. C. Perry brought up the point that airing the City’s dirty laundry might reflect badly on the City. The Council would like Sergeant Richins to write a police beat for the newsletters.
11. City Manager Report and Discussion (10:00 p.m.)
Engineering report:
• The storm drain project is proceeding on Cedar Hills Drive. After Cedar Hills Drive, it will move to Cedar Run. There have been a few setbacks. The City wanted to have all of the pipe laid by April 15. After that, the asphalt work will be done.
• Pressurized Irrigation is set to be turned on April 15.
• The City is in the process of updating the change application for the well. The State informed the City there is a missing link in the title for the Harvey Well. The City got it from the four Harvey brothers, but the title was in the name of the Harvey Company. After the change application has been submitted, the State Engineer needs to approve it. It will take 3-6 months.
• David Bunker is looking into solar power or another alternate power source for the well. Collecting energy is not a problem, it’s storing solar energy that is the problem. On start up, the well has to pump water up 586 feet and then to the head. There is no battery that will store solar energy sufficient for start up. The other option is a gas-powered generator. Highland City spent $57,675 for an 855-horsepower portable generator plus more than $9,890 to retrofit the well to take that power source. A stationary generator wired to the well might be cheaper. David Bunker will get numbers for a stationary generator.
City Manager Report:
• The Family Festival has two co-chairs this year. Jodi Gray and Melissa Dredge have agreed to coordinate the festival.
• Spring Clean Up will be the week of April 25.
• Budget: The April 19 meeting will cover the golf budget and capital projects. C. Fotheringham suggested that the computer disks that Gina Higbee left behind at the golf course be copied and given to RC Management. The computer was erased by mistake. RC Management should be given authority to handle administrative employees. However, RC Management should let the Mayor or Konrad Hildebrandt know what they would like to do with the one remaining employee.
• The golf course fee will be on the next agenda. Konrad Hildebrandt will check with the attorney to find out if it is legal to implement a fee. Staff will make a recommendation about whether the fee will be assessed per resident household or per property owner.
• There needs to be a special election for the bond on the fourth Tuesday in June. Next Tuesday, at 7:00 p.m. the Council will meet to pass an ordinance pertaining to this item. The next agenda will have a discussion of the different refinancing options. It will be an executive session item.
• Mayor McGee pushed to have the boundary adjustment issue (House Bill 335) on the Governor’s Special Session on April 20.
12. Board and Committee Reports (10:32 p.m.)
Mayor McGee - Mayor McGee has been to several MAG meetings where they are working on convincing the county to go back into MAG or show good reason for not rejoining. COG is working on transportation issues.
C. Willie - Attended a special animal control meeting. They want cities to donate license fees to create a North Utah County License Department. Cedar Hills is trying to determine whether it wants to donate its license fees.
C. Parker - The Planning Commission met and is working on a sign ordinance.
13. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:36 p.m.)
MOTION: C. Parker - To go into Executive Session, pursuant to Utah State Code 52-4-5. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
* * * EXECUTIVE SESSION * * *
14. Motion to Adjourn Executive Session and Reconvene City Council Meeting (11:35 p.m.)
MOTION: C. Willie - To adjourn Executive Session and Reconvene City Council Meeting. Seconded by Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
15. Adjourn (11:36 p.m.)
MOTION: C. Willie - To adjourn the meeting. Seconded by C. Perry.
C. Parker requested an update on the Ewell situation. Kim Holindrake spoke with legal counsel who felt that the request for information from the Ewell’s attorney needed to be more specific. A letter was written to the Ewell’s attorney but no response has been received. The setback issue will be on the next Planning Commission agenda.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
This meeting was adjourned at 11:45 p.m.. on a motion by C. Willie, seconded by C. Perry and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
April 19, 2005