PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, December 5, 2006 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
This meeting was held electronically via telephone to permit one or more of the council members to participate.
Present: Mayor Mike McGee, Presiding
Council Members: Jim Perry, Gary Maxwell, Charelle Bowman (by phone), Eric Richardson, Joel Wright
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Taylor, Assistant to the City Manager
Rich Knapp, City Accountant
David Bunker, City Engineer
Rodney Despain, City Planner (8:25 p.m.)
Courtney Hammond, City Meeting Transcriber
Others: Charl Louw, Cliff Chandler, Stephen Lee, Darin Lowder, Darin Lewis, Mindy Heath, Eric Heath, Steve Ruf, Trace Bevell, John Johnson, Jeanie McLaughlin, John Bratt, Jessica Porter, Karissa Neeley - Lone Peak Press, Angie Andersen, Kaylynn Hilton, Challen Hansen (7:50 p.m.), Melissa Willie (8:15 p.m.)
PUBLIC HEARING
1. This Public Hearing 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 7:15 p.m. by Mayor McGee.
2. Boundary Adjustment Between the City of Cedar Hills and Highland City (Kjar Boundary Adjustment) (7:16 p.m.)
Stephen Lee: Mr. Lee stated that he does see whey the City wants the land and does not want to see the Kjar property ever developed. Highland has taken the position that the land cannot be developed for three reasons: they don’t want to see development on that hillside, there is no frontage, and they have instituted a moratorium on building on such steep slopes. Mr. Lee said that he feels any change to the status quo may be a risk. Any change may facilitate development of the hillside, especially if the City decides to develop holes 13, 14 and 15 on the golf course. He said that the land would be safer if it remained in Highland.
3. This Public Hearing was adjourned at 7:18 p.m. by Mayor McGee.
COUNCIL MEETING
1. This City Council 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 at 7:18 p.m. by Mayor McGee.
Invocation given by C. Wright
Pledge of Allegiance
2. Public Comment (7:19 p.m.)
Charl Louw: Mr. Louw stated that he supports a privacy fencing option in The Cedars East. No one on his street has installed a fence because the mandated 5-ft ornamental fence isn’t a good option. The ornamental iron isn’t functional and the cost outweighs the benefits. The Cedars West changed their standards to 6-foot, and Falcon Ridge adjusted their standards to allow privacy. A majority of the owners in his neighborhood would like a privacy option. Not allowing privacy fencing has driven some potential buyers away. He asked the City Council to address the issue.
Stephen Lee: Mr. Lee stated that he supports the right of The Cedars East to amend fencing. He also suggested that the City update the approved street trees. When he was given his packet and approved trees list for fencing, he was told to disregard the list. He would like to see the Planning Commission address the issue. He also asked the City to provide cutouts on Briggs Boulevard and Nielsen Boulevard. Lack of cutouts is a safety issue and adds time to emergency responders. He would like to sit down with City staff to find a solution. Mr. Lee read a letter from the fire chief of the Lone Peak Public Safety District that stated the fire chief would like to see a turn lane on these streets to allow for better emergency response.
Darin Lowder: Mr. Lowder referenced the book Good to Great. One thing that makes companies improve is the ability to face brutal facts. The City has done well developing a General Plan and has come a long way. There have been situations in which the City has been unable to face brutal facts, specifically the commercial zone and the golf course. The commercial district had a window of opportunity but was delayed because of a pocket of residents who couldn’t face brutal facts. The golf course needs to be solved. The City cannot go half way and needs to face brutal facts. He feels that eliminating the east holes would maintain a viable golf course. The brutal fact is that the debt needs to be eliminated. If it takes developing the east holes, that is what the City should do.
Mindy Heath: Mrs. Heath stated that William Blackstone defined inalienable rights as rights to personal security, personal liberty and private property. She has lived in The Cedar East for four years and would like a private space behind her house, but is unable to do so because of a lack of a physical barrier between the yards. Changing the policy will enable her to enjoy her constitutional right regarding private property.
Eric Heath: Mr. Heath supports an amendment to fencing in The Cedars East. He has lived in the neighborhood for four years but has been trying to sell his home since August. Six times potential buyers backed out because of the lack of a fence. The current policy makes the neighborhood difficult for pet owners.
John Johnson: Mr. Johnson represents Mighty Fence, a fencing company that sells a privacy fence that comes in earth tones, is graffiti resistance, does not degrade until -40 degrees. He stated that privacy fences enhance property values.
Steve Ruf: Mr. Ruf stated that he supports cut outs in The Cedars West and privacy fencing in The Cedars East. His young child has, at times, gone in the back yard and eaten dog droppings from the neighbor’s dog. He would like to see some options for privacy.
CONSENT AGENDA
3. Minutes from the November 7, 2006, Regular City Council Meeting (7:38 p.m.)
4. Minutes from the November 21, 2006, Regular City Council Meeting (7:38 p.m.)
MOTION: C. Richardson - To approve the consent agenda. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
5. Review/Action on Fiscal Year 2005-2006 Audit (7:40 p.m.)
See handouts. Angie Andersen and Kaylynn Hilton of Hawkins Cloward & Simister went over the financial analysis in the annual audit. Finding #1: The purchase approval process was not always followed. Invoices over $500 require two approval signatures. There were some instances on the golf course where an invoice only had one signature. Finding #2: There was not a consistent methodology on allocating certain shared expenses among funds. Finding #3: Lack of oversight pertaining to the golf course accounting activity. C. Wright is very concerned about that finding. He feels it is a substantial cost to the City. Finding #4: Road assessment needs to be performed in Fiscal Year 2007. The two findings from last year have been corrected. The state compliance findings: (1) Expenditures were in excess of the appropriated budget. (2) The wrong amount of building permit surcharges was remitted to the Division of Occupational and Professional Licensing. Kaylynn commended Rich Knapp for his good work.
MOTION: C. Perry - To accept the audit for Fiscal Year 2006. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Proposed Purchase of City Property Located Along Southern Edge of Sunset Park (7:58 p.m.)
Staff Report:
See handouts. David Bunker stated that a resident next to Sunset Park would like to purchase a portion of the southern edge of the park. He has looked at the residence and the park drainage issue. There is a low point at the gate of the property. The problem can be corrected with a couple of small drains and some piping that would cost $300-$500. The landscaping bid to the Huhems came in at $10,993. There is a stake that shows the property line is not in line with the fence. The previous property owner constructed a fence that was not surveyed and placed properly. At that time the land description was to be changed to reflect the fence as the property line. C. Richardson and David Bunker walked the property last week.
Council Discussion:
• C. Perry stated that he did not like the idea of a big jog in the fence, nor did he like the idea of losing park property. Having gone to look at the property he sees that there is already a jog in the fence, and the property in question is a strip of land between the parking lot and the fence. There is no loss to useful park space. He now feels the City could benefit by selling the land and applying it to park space elsewhere in the City.
• C. Maxwell stated that the space is not being used and cannot be used. That money can be used somewhere else. The City would make approximately $9,000 from selling the land.
• C. Bowman stated that she feels like the City should fix the problem. She does not like the idea of selling off park space when it is an issue of drainage.
MOTION: C. Richardson - To instruct staff to prepare a purchase agreement and authorize the Mayor to sign said purchase agreement allowing for the sale of five-feet of land at the Sunset Park from the current fence line. The land pursuant to Utah State Code shall be sold at appraised market value. As part of the sell, a drainage plan shall be approved by the City Engineer that includes a drainage solution contained on the City land per City standards as approved by the City Engineer. The installation of additional landscaping shall be provided to compensate for change in open space mass and to provide screening in the form of three additional trees at least 2" in caliper and substantial replacement of existing shrubbery. A deed shall be filed against both the current and proposed parcel indicating that the side setback shall be increased by five feet. An additional survey to verify that surveys #1 and #2 are somewhat correct. The berm crest shall not be substantially altered. Finally that we make a finding that this park land being sold may be considered surplus and that the change does not substantially alter the open space environment and proximity to the property and does not substantially negatively impact residents generally or specifically in the area. Seconded by C. Wright.
Further Discussion:
Kim Holindrake clarified that the property owner will be responsible for all the surveying. C. Perry wants to ensure that the trees and shrubbery would not interfere with current watering. C. Richardson stated that this is general open space. Whether he owns it or the City owns it, the City doesn’t want to allow for encroachment of any new structures or additions to the house. This way the general feel of the area won’t change. John Bratt, the Huhem’s landscaper, asked that 1½ inch caliber trees be allowed because they grow faster.
AMEND MOTION: C. Richard - To amend the motion to include 1½ inch caliper trees. Accepted and seconded by C. Wright.
Aye-C. Maxwell
C. Perry
C. Richardson
C. Wright
Nay - C. Bowman Motion passes.
7. Review/Action on Boundary Adjustment Between the City of Cedar Hills and Highland City (Kjar Boundary Adjustment) (8:23 p.m.)
See handouts.
MOTION: C. Richardson - To table the Kjar Boundary Adjustment until Highland City adopts a resolution of intent to adjust the boundary between the two cities. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
8. Discussion on The Cedars Design Standards Regarding Fences (8:25 p.m.)
Staff Report:
See handouts. Kim Holindrake stated that the language in the memo is from the Cedars Design Standards. The Council can discuss whether any changes should be made. The Design Standards were adopted with the Development Agreement. The original design concept was to not allow privacy fences in order to create a sense of openness, since the lots were so small. The wrought iron provided a more open feel and the Design Standards allow for shrubbery to be planted to provide privacy.
Council Discussion:
• C. Perry stated that the City entered into an agreement that referenced an HOA that doesn’t exist and leaves homeowners without any way to make amendments. The Design Standards are already egregiously compromised by the developers themselves. There is no reasonable answer to give to residents about the basis of the standards. The residents need some mechanism to vote and decide on standards. C. Perry stated that the Council needs to be able to give a credible response to what is the basis of the standards and what is the means to get it changed.
• C. Bowman stated that some residents may like the wrought iron requirement, but she would not have a problem changing the requirement if that is what the majority of residents wanted. C. Bowman stated that she would like to hear both sides of the issue before making any change.
• C. Richardson stated that the debate on the fencing cannot even begin until there is some kind of body with legal footing. This is not a zoning violation. The Council needs to know the basis for denial.
• Mayor McGee suggested that the item be tabled until Eric Johnson can review the standards and give an opinion on what can be done.
Resident Challen Hansen said that there is one resident in The Cedars East who has put up an ornamental fence. That is an indication of those residents who are excited about ornamental fencing.
9. Review/Action on Ordinance Setting the Time and Place of City Council Meetings for 2007 (8:40 p.m.)
See handouts.
C. Perry - To adopt Ordinance 12-5-2006A, An Ordinance setting the time and place of the regular meetings of the City Council of the City of Cedar Hills, Utah. Seconded by C. Richardson. Vote by roll call.
Aye-C. Bowman
Aye-C. Maxwell
Aye-C. Perry
Aye-C. Richardson
Aye - C. Wright Motion passes.
10. City Manager Report and Discussion (8:45 p.m.)
• The City will provide the Council with the cost of snow removal after each storm.
• C. Perry said that residents are complaining about the strictness of police patrol at the stop sign on Oak Road and Cedar Hills Drive. He would like to see areas all over the City patrolled. Konrad Hildebrandt will pass that on to the police.
• C. Perry would like to see staff look at cutouts in The Cedars West on Briggs Boulevard and Nielsen Boulevard. C. Richardson would like to ensure that the Fire Chief looks for these issues when he reviews plats.
• David Bunker has received a draft of the impact fee analysis, and it will be presented to the Council in January.
• There is a potential alternate revenue source by providing snow removal for HOAs. The Cedars West would like to have the City provide snow removal. The City is looking into the issue and will provide a bid to the HOA. C. Perry proposed offering the HOAs the opportunity to enter into the City’s snow removal plan for a fee. Rodney Despain cautioned that the contract needs to clearly state that though the City provides the service, the street remains private. Kim Holindrake stated that the public streets throughout the City should be plowed prior to plowing any contracted streets.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
11. Board and Committee Reports (9:05 p.m.)
• C. Wright: Met with Utah Clean Energy, a group interested in helping other cities become clean air cities. Rocky Mountain Power is interested in helping cities develop programs to use wind energy. C. Wright may present something at a future meeting.
• C. Perry: The Lone Peak Public Safety District got a Safer Grant to hire nine new firefighters.
• C. Richardson: The Planning Commission met and discussed a sensitive lands ordinance.
EXECUTIVE SESSION
12. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:17 p.m.)
Utah State Code 52-4-5 designates specific parameters for which a Closed Meeting/Executive Session may be held. This Executive Session was held to discuss the following: The character, professional competence, or physical or mental health of an individual and Strategy Sessions to discuss the purchase, exchange or lease of real property.
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Wright.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
C. Bowman excused (9:23 p.m.)
13. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:14 p.m.)
MOTION: C. Wright - To Adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Richardson.
Aye-C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
C. Wright excused (10:14 p.m.)
ADJOURNMENT
14. This meeting was adjourned at 10:15 p.m. on a motion by C. Perry, seconded by C. Maxwell and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
January 2, 2007