Tuesday, October 3, 2006 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

Present:           Mayor Mike McGee, Presiding

                        Council Members: Jim Perry, Charelle Bowman, Joel Wright, Eric Richardson

                        Konrad Hildebrandt, City Manager

                        Gretchen Gordon, Deputy City Recorder

                        Kim Holindrake, City Recorder (8:54 p.m.)

Rodney Despain, City Planner

                        Ciara Decker, Community Services Director

                        Courtney Hammond, City Meeting Transcriber

                        Eric Johnson, City Attorney

Others: Cliff Chandler, Brent Uibel, Mitch Webb, Richard Knapp, Taylor Bevell, Hillary Naisbitt, Kylee Gordon, Ashley Clingo, Annete Naisbitt, Kimberli Naisbitt, Gary Naisbitt, Tom Gleason, Charl Louw, Spencer Creer, Jeff West, David Dyring, Dewey Garner, Denise Garner, Taylor Garner, Cliff Chandler, Mark Webb, Coleman Webb, Brad Creer, Jared Page - Deseret News, Karissa Neeley - New Utah, Joe Smith, Mark Smith, Stetson Richie, Stephanie Richie, Dave Told (8:10 p.m.), Shaun Johnson (8:10 p.m.), Stuart Johnson (8:10 p.m.)



1.         This meeting of the City Council of the City of Cedar Hills, having been posted throughout the City and the press notified, was call to order at 7:38 p.m. by Mayor McGee.

            Invocation given by C. Wright

            Pledge of Allegiance

2.         Public Comment (7:40 p.m.)


          Brent Uibel: Mr. Uibel thanked the City for their efforts in getting the dirt moved at the Public Works building site. He asked if the vegetation on the site will be restored and if the Brubaker construction will continue to use the area for ingress/egress. He also asked if commercial development has been considered on the east side of Canyon Road. Mayor McGee said that commercial development has been discussed but has not been given serious consideration. Mr. Uibel asked what type of engineering is being required for those that are building on the east side of the road on the mountainside. C. Richardson said that there is a standard that is required for hillside development.

          Charl Louw: Mr. Louw lives in the Cedars East, which is not under an HOA or CC&Rs. The only regulatory body is the City. The design standards per development agreement have not been enforced. Mr. Louw stated that he would like an agenda item where the design standards are reviewed so residents have a clear picture of what needs to be followed. He has sent emails to the neighborhood asking whether they would like other options besides the ornamental fencing that is required by the design standards. Also, if they would like the option of privacy fencing. Most would like other options and privacy options. He said ornamental fencing in theory is nice, but there are issues such as neighboring pets, yards that are not maintained, etc. He would like the Council to consider the views of the residents in the area.


3.         Minutes from the September 19, 2006, Regular City Council Meeting (7:51 p.m.)

MOTION: C. Wright - To approve the minutes. Seconded by C. Perry.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.


4.         Swearing in of Youth City Council (7:52 p.m.)


See handouts. Gretchen Gordon swore in Kylee Gordon as Youth City Council Recorder. Kylee Gordon then swore in the members of the Youth City Council. The members of the Youth City Council introduced themselves: Taylor Bevell - Mayor, Hillary Naisbitt - Mayor Pro-Tem, Kylee Gordon - Alternate Council/Recorder, Mitchell Webb - Alternate Council/Treasurer, Ashley Clingo -Council/Publicity, Richard Knapp - Council Member, Riley Spear - Council Member, Kacee Hildebrandt - Council Member. C. Perry stated that it has been a pleasure to interview and begin working with the Youth City Council.


5.         Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for Juniper Heights, Plats C and D (8:03 p.m.)

Staff Presentation:

See handouts. Konrad Hildebrandt stated that this item was reviewed in the last meeting. There was concern about a sidewalk on Oak Road North in the subdivision below Juniper Heights, Plats C and D. This area is not within Juniper Heights, though it does affect the retaining walls of properties in Plats C and D. The Council can elect to construct a sidewalk on the north side of Oak Road. It would be about 870 feet and cost about $15,000. All the items needing improvement within Juniper Heights, Plats C and D were corrected. Staff recommends accepting the subdivision improvements and authorizing the release of the performance guarantee.

MOTION: C. Wright - To approve acceptance of subdivision improvements, release of the performance guarantee and the start of the durability period for Juniper Heights Plat C and Plat D. Seconded by C. Bowman.

Council Discussion:

          C. Bowman stated that there is a sidewalk on the south side of Oak Road. She does not feel there is any safety issue. However, if the Council wants to put a sidewalk in eventually, it would be better to do it now rather than later. She feels the $15,000 could be put to better use, given the number of requests for speed tables. She said that the property owners should be aware of where the pins are placed so that they don’t construct a retaining wall abutting the sidewalk.

          Mayor McGee stated that City Staff can educate property owners in the construction of their retaining walls so that a sidewalk can later be constructed. C. Perry stated that the City should not impose construction limitations on the retaining walls.

          Konrad Hildebrandt said that David Bunker feels that there is an access on the other side of the street that is sufficient. It is not a safety issue or pedestrian traffic issue. No resident has come to the City to request a sidewalk.

          C. Perry said he would defer to the City Engineer.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

6.         Review/Action on Release of Durability for Canyon Heights at Cedar Hills, Plat D (8:16 p.m.)

Staff Presentation:

See handouts. Konrad Hildebrandt stated that the final walkthrough of Canyon Heights, Plat D, has been completed. A punch list was created, and the developer has corrected the items. All improvements have been installed per development regulations and agreements. Staff recommends accepting the subdivision improvement and authorizing the release of the durability guarantee. There are some broken areas of sidewalk, but it has been determined that it was due to the homeowner. The builder puts up a bond for that sidewalk and a Certificate of Occupancy will not be issued until the sidewalk is repaired.

Council Discussion:

          C. Perry observed that the bank to the north of the LDS Church on Box Elder is not landscaped in any way, and asked what was required of the developer regarding the bank. Staff will check on the requirements and report back.

MOTION: C. Perry - To table this item until we find out what the deal is with that bank on Box Elder. Seconded by C. Bowman.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

MOTION: C. Bowman - To move item 8 in front of item 7. Seconded by C. Richardson.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

8.         Review/Action to Fund Park Improvements (Frisbee Golf) (8:24 p.m.)

Staff Presentation:

See handouts. Konrad Hildebrandt stated that Stuart Johnson is proposing a Frisbee golf course for Heritage Park as an Eagle Scout project. He has worked with the Parks and Trails Committee. The Parks and Trails Committee has suggested option #1 for the course because it has minimal impact to the park. Option #2 is a more difficult course, but cuts into the park. Staff recommends that Stuart Johnson get the materials donated. He has previously requested $140. The past protocol has been for the City to help fund those projects that the City would have done itself. That is not the case with this project, though the City budget can support the request. The City has also recommended that signage match the signs currently in the park. Stuart Johnson stated that he does not like option #1 because it is not challenging enough. He likes option #2 better because it is more challenging and spread out. With a few modifications, it would have minimal impact to the park.

MOTION: C. Perry - To accept that the Eagle Scout Candidate Stuart Johnson install a Frisbee Golf Course at Heritage Park subject to getting donations so that the City does not pay for the project, that it be either option 1 or some variation that is acceptable to the Parks and Trails Committee, and that he work with the City to get the signs to match existing signs as per staff recommendation. Seconded by C. Richardson.

Council Discussion:

          C. Perry does not mind having the City be responsible for its own signage, but feels that one of the purposes of the Eagle Scout project is to find donations. He would like the Parks and Trails Committee and Stuart Johnson to work together to find an acceptable location, rather than have it go back and forth to City Council. Before construction, he would like City Staff to mark the locations of the pins.

          C. Richardson stated that he thought that Stuart did a great job having a vision and seeing it through and thanked him for his efforts. He suggested that Stuart approach the Utah County Division of Substance Abuse for a grant.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.


7.         Review/Action on Resolution of Intent to Adjust the Common Boundary with Highland City (8:37 p.m.)

Staff Presentation:

See handouts. Konrad Hildebrandt stated that the Kjar properties are located east of holes 13 and 14. It is in the City of Highland. Currently there is no direct access to the land. Highland is not opposed to the boundary adjustment, but wanted Cedar Hills to look at the boundary first. The goal of the property owners is to develop the land.

Developers David Dyring and Jeff West were present as developers of the land. They have it under contract.

Council Discussion:

          C. Perry stated that it makes sense to have the property in Cedar Hills, though he does not want to imply that he would endorse development. The land cannot be serviced and does not meet city standards for grade.

          C. Wright said that if it is in Highland it will never be developed. C. Perry countered that the Council has no control over what Highland decides.

          C. Bowman asked about access to the property. C. Perry and C. Richardson said that development questions are irrelevant to this resolution.

MOTION: C. Richardson - To adopt Resolution 10-4-2006A, a Resolution indicating the intent of the City Council of the City of Cedar Hills, Utah, to adjust the common boundary with Highland City, Utah; authorizing the public hearing thereon and providing the notice of said hearing. Seconded by C. Perry.

Further Discussion:

          C. Bowman stated that she feels it is ridiculous to invite the developers to talk if discussion of the development is irrelevant to the motion.

          C. Perry said that having the property in Cedar Hills gives the City more control. He said that if someone submits a development proposal, the debate will begin at that point.

          C. Wright does not want the discussion to open. He does not want to make any decisions about development because he does not want development on the land.

          Rodney Despain stated that this resolution triggers a 60-day protest period. At the end of the 60 days it moves to a boundary adjustment agreement, at which time limitations to development can be made. He feels that before any action to annex or boundary adjust, the Council needs to know what the intent is. The City needs to know what obligations come with the action to boundary adjustment or annex. The issue of annexation is contractual and not regulatory. The City can attach conditions of annexation and the property owners can decide to annex or not.

          Konrad Hildebrandt said that the City can boundary adjust and bring the land into the City and send the message that the City will not allow development through zoning.

            Vote taken by roll call.


Aye-C. Perry

Aye-C. Richardson

Nay-C. Wright

Nay-C. Bowman

                                                Aye     -          Mayor McGee                        Motion passes.

9.         Appoint Mayor Pro-Tem (8:55 p.m.)

            See handouts.

MOTION: C. Bowman - To appoint Eric Richardson as Mayor Pro-Tem. Seconded by C. Wright.


Aye-C. Bowman

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

10.       City Manager Report and Discussion (8:55 p.m.)


          The Decisions 2006 surveys are under way. Preliminary survey results should be ready by the next Council meeting.

          The recreation facility feasibility study will get under way soon.

          Code Enforcement Officer. Staff suggested hiring a contract employee at $10.00/hr for 12 hours per week. The cost would be $4,500 through the end of June. After data comes in, there will be a recommendation for the next budget period. C. Perry said he would like to see the code enforcement done, even if it costs more.

          The dirt is gone from the Public Works building site. It was removed within the time frame. They have been told that they need to reseed the area.

          The operations report and recommendations for the bond will be on the next agenda.

          C. Perry stated that a Falcon Ridge resident has come to the Council twice to complain about noncompliance to the landscaping plan. They have sprayed some hydroseed, though it is still not in compliance. Any change needs to be approved. David Bunker will be asked to follow through on the issue. He also noticed a track-hoe and a dumpster in front of the condemned landslide units. City staff should ensure that equipment is off the street and no City infrastructure is damaged.

          C. Wright stated that in the past the Council has talked about putting signs up on the trail behind Canyon Heights to stop motorized traffic. Konrad Hildebrandt has requested information from Lindon City on how they regulate their trails on the east bench. C. Wright requested that the City draft an ordinance that prohibits motorized vehicles on the trail. C. Perry said that when the trail is improved, motorized vehicles will be prohibited. The City does not yet have the necessary easements for the entire trail. Konrad Hildebrandt will put together a draft ordinance that will be on a future agenda.

          C. Richardson asked Konrad Hildebrandt to look into the hillside ordinance, specifically a sensitive lands ordinance. He has read some articles in the paper about Timpanogos Special Service District. He is concerned about the direction the articles stated the District was headed. Mayor McGee said the articles were inaccurate. David Bunker is currently in Indianapolis touring some sewage reclamation plants.


11.       Board and Committee Reports (9:16 p.m.)


          C. Bowman: The Doral Drive Park is almost complete. Some additional sod needs to be installed.

          C. Perry: The Youth City council is going well. It will submit a scarecrow for the contest. He was disappointed that there was no participation from American Fork High School. UTOPIA authorized getting more funding. Construction lags behind projections, but adoptions and costs are better than expected.

          C. Richardson: The Planning Commission reviewed the General Plan and a telecommunications ordinance.

          Mayor McGee: The North Utah County Mayors Association met. Mayor Franson said that the push from the Alpine School District for the recreation center on the north end was to help resolve the parking problem at the high school. Mayor Franson is supportive of a recreation center on the south end. The quarter-cent tax was also discussed. An east-west corridor was discussed. C. Wright stated that he feels the Mayor is underpaid. C. Richardson stated that he feels SR-92 is a perfect example of lack of communication with UDOT. Several maps of the county grid have been presented. SR-92, Canyon Road and 4800 West were also listed as roads of concern.


12.       Motion to go into Executive Session, Pursuant to Utah State Code 52-4-205 


No Executive Session held.

13.       Motion to Adjourn Executive Session and Reconvene City Council Meeting


14.       This meeting was adjourned at 9:33 p.m. on a motion by C. Wright, seconded by C. Richardson, and unanimously approved.


/s/ Kim E. Holindrake

Kim E. Holindrake, City Recorder

Approved by Council:

   October 17, 2006