CITY COUNCIL MEETING
Tuesday, February 06, 2007 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Gary Maxwell, Charelle Bowman, Jim Perry, Joel Wright, Eric Richardson
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
David Taylor, Assistant to the City Manager
Courtney Hammond, City Meeting Transcriber
Others: Cliff Chandler, Brad Orton, Tom Garner, Darin Haag, Ken Tincher, H.R. Brown, Steve Roberts, Taylor Roberts, Craig Clement, Tonya Advaoson, Mark Haddock-Daily Herald, Amy Nielsen-Deseret News, Tom Gleason, Larry Locken, David Kirkpatrick, Spencer Jensen, Ray Homer, Steve Kroes, Daniel Zappala, Troop 873, Brandon Carter (7:09), Chris Kruger (7:09), Selina Weighill (7:09)
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 7:05 p.m. by Mayor McGee.
Invocation given by C. Bowman
Pledge of Allegiance
2. Public Comment (7:07 p.m.)
• Brent Uibel: Mr. Uibel stated that the Public Works building looks nice. He suggested the stacks and flues be painted to match the rest of the building. He appreciated the public comments made at the Planning Commission meeting regarding Wal-Mart. Many people mentioned concerns about traffic. Mr. Uibel has been talking to representatives of the Boyer Corporation. They said it is important to look at increased traffic in proportion to the amount of tax dollars the development brings into the City. For example, fast food does not generate as much tax money as a big box store does for the amount of extra traffic it brings. Mr. Uibel requested the Council insist on a high quality synthetic brick for Wal-Mart if real brick is not required. In response to a comment made in a January Council meeting regarding the death of several members of a Cedar Hills family in a traffic accident, he would like the Council to consider what it can do to address safety issues in Cedar Hills first.
• Brad Orton: Mr. Orton stated that he is the Chair of the Cedar Hills Golf Course Advisory Committee. He supports reconfiguration of the golf course because it allows the City to develop holes to pay down the debt. Paying down debt gives the course a chance to survive. Reconfiguration would also allow the City a chance to build a clubhouse to capture more tournament play. Mr. Orton recommended that as decisions are made, the Council attempt to maximize the course’s potential. He further recommended that new equipment be brought in. He would like to make a monthly report to the Council on the Golf Course Advisory Committee’s efforts.
• Steve Lee: Mr. Lee stated that he would like to see the golf course reconfigured if the reconfiguration is reasonable. He asked the Council to consider that it can never create more open space, but can always find ways to make more money. He said the tax burden of the golf course to the residents will lessen over time because of inflation. He stated that he is an advocate of a public vote on the issue. He said that the Council’s new push for reconfiguration is based on a Decisions 2006 question, which he feels was flawed because it discussed the economic positives but did not discuss the negatives such as traffic, reduced open space and the loss of the sledding hill. He thinks the course was not given a fair chance. Open space is more valuable than money. Selling the course is an option that should be explored.
2. Minutes from the January 9, 2007, Special City Council Meeting, January 16, 2007, Public Hearing and Regular City Council Meeting, and January 25, 2007, Special City Council Meeting (7:20 p.m.)
MOTION: C. Maxwell - To approve the consent agenda, including the minutes from both the January 9 meeting and Special City Council Meeting on January 16, and the Public Hearing and Regular City Council Meeting on January 25. Seconded by C. Perry.
C. Wright Motion passes.
4. Review/Action on Board/Committee Appointments - Planning Commission (7:20 p.m.)
See handouts. Mayor McGee interviewed the four applicants over the phone. He felt that all of the applicants were well qualified. He recommended appointing Tom Gleason as the first alternate and Craig Clement as the second alternate. Mayor McGee stated that Jeremy Lyman was the newest to the City and given more time in the City would make an excellent applicant in the future. If there was another opening available, Mayor McGee would have liked to appoint Larry Locken. He recommended Tom Gleason because he has applied several times before, persevered and has also been involved in City meetings. Craig Clements was recommended because he was very qualified and gave responses that appealed to Mayor McGee.
• C. Richardson said that over time as the City Council has made appointments it has dealt with the issue of geographic placement. Mayor McGee said that he doesn’t feel that issue is important because the City is so small.
MOTION: C. Wright - To approve Mayor McGee’s appointment of Tom Gleason as Alternate #1 and Craig Clement as Alternate #2 to the Planning Commission. Seconded by C. Richardson.
C. Wright Motion passes.
• C. Perry recommended that a Staff member take time with the new Planning Commission members to get them up to speed on the Wal-Mart application.
5. Review/Action on Landon Court Winter Paving Exception (7:28 p.m.)
See handouts. David Bunker stated that the developers of Landon Court have asked for a winter paving exception. During cold weather months, the City allows developers to add an extra three inches of road base. When weather permits, hard surface asphalt can be installed and the three inches are removed.
MOTION: C. Richardson - To approve the winter paving exception for Landon Court Subdivision subject to the following: 1) The developer shall be required to install an additional three inches of road base to provide sufficient access to all lots within the plat, and 2) No later than April 30, 2007, the additional road base shall be removed and hard surface asphalt shall be installed. Seconded by C. Maxwell.
C. Wright Motion passes.
6. Review/Action on Golf Course Reconfiguration (7:32 p.m.)
See handouts. Konrad Hildebrandt stated that City staff recommends paying off the entire $6.25 million debt by developing Hole #15 in its entirety with 22 residential lots and 1 church lot or additional residential lots, developing five residential lots on Hole #16, developing 10 lots in the junipers and developing a Par 4 hole in the Grove. Staff also recommended that the driving range be developed with 16 lots. The driving range development would go toward the cost of a clubhouse. The driving range would be replaced with a few (2-3) electronic driving facilities and a 10-15 person driving range off the deck of the clubhouse. This proposal is close to the proposal presented by The Cedars HOA. The debt must be completely retired or the City must hold a new bond election. The current bond does not allow the debt to be partially paid down. Paying off the debt and building a clubhouse would augment the City’s ability to sell the course. The current course appraisal is about $3 million. The HOA would have to vote to approve any development west of Canyon Road. Staff recommends that the City Council direct staff to mail an information sheet on the reconfiguration plans to all residents of Cedar Hills, contact The Cedars West HOA about the reconfiguration and request that it be put on their agenda, develop specific reconfiguration plans and submit them to the City Council for review and approval, and to create a specific time line for reconfiguration activities.
• C. Perry stated that cash flow is an issue that needs to be addressed when creating a time line for reconfiguration. He said that maintaining the status quo is not an option. A Plan B should be presented as an alternative so that The Cedars West HOA can choose the option that would better serve them. He has seen no evidence that The Cedars West HOA cares that the majority of residents do not want to pay for the golf course through taxes. There needs to be another option if the City wants the plan to pass.
• C. Wright stated that he would like to see some reliable information that shows the course can break even or be profitable in the future. The hope is that the course can break even, but there is no data to substantiate that hope. He feels that the City is putting an enormous amount of effort into something that may break even. There may be other ways to use the land that would be a better asset to the residents, such as a park. He stated that he is ready to shut the golf course down if this plan does not get passed.
• C. Richardson pointed out that there are legitimate concerns to a park, such as expensive maintenance.
• C. Bowman asked about the option of a cemetery on the land. She stated that her first choice is to pay off the debt and maintain an 18-hole golf course. She is frustrated that while the Council is trying to maintain the course, its hands seem to be tied. The other options are less desirable options. She pointed out that residents have said they are willing to pay for a recreation center through taxation, but she feels that they will not be willing to pay for that recreation center and other services they want if they are also paying for a golf course that they do not want.
• C. Maxwell said he would like to see the course stay. Hole #15 is a good hole, but developing the hole can eliminate a great portion of the debt. Holes #13 and #14 can be saved by developing the grove. Those options would have little impact on the neighbors.
MOTION: C. Wright - To shut down the golf course with all due haste in the next six months and have staff make plans to explore options to create other open space. No second. Motion dies.
Further Council Discussion:
• C. Maxwell stated that if the Council were looking at this as a brand-new option, the effort would not be warranted for a break-even proposition. The course has been developed, and homes were bought on the expectation of a golf course. He would like to impact as few people as possible. He said another option may be to develop the entire east side and sell the remainder of the course.
• C. Bowman stated that park land would not be protected because a later council could choose to develop it at some point.
• C. Richardson disagreed that the golf course would never make money. If that were the case, there would be no offers to buy the course. C. Richardson said that neighbors should be considered in all decisions the Council makes.
• Mayor McGee said that the City received an offer to buy the course for $7 million with a plan to develop 500 units. The offer was subject to the Council’s agreement to aggressively lobby The Cedars West HOA to approve the change to the CC&Rs. He stated that another option would be to fully develop Hole #15, sell nine holes in the bottom, and use the remaining as parkland or cemetery. The course is 160-170 acres and land goes for $300,000 - $350,000 per acre; that is a lot of money in land. With that in mind, the Council should make the best use of the land.
• C. Wright suggested a motion that the HOA approve the proposal by a certain date, or the City will shut down the course and pursue other open space options.
• C. Perry said that it would be a mistake to shut down the course without a real alternative. He said that the Council agrees that this proposal is the best option in order to maintain an 18-hole course. C. Perry pointed out that when the Council talks about a park, much would be native because the City lacks funds to turn the entire area into a park. The current cost for maintaining all City parks is $85,000. For that amount, the City could double its park space and the money could go strictly toward developing parks and maintaining them, not toward buying parkland at exorbitant prices.
H.R. Brown, a member of The Cedars West HOA, requested time to make a proposal. Mayor McGee requested a 10-minute break to weigh the merits of an HOA proposal.
MOTION: C. Maxwell - To adjourn for ten minutes. Seconded by C. Bowman.
C. Wright Motion passes.
Meeting reconvened - 8:39 p.m.
• Mayor McGee said that The HOA Golf Course Committee suggested bringing the City’s proposal to the HOA without the driving range development. If the course is not profitable in the first year, the course can then be sold. Selling the course could generate sales tax and property tax.
• C. Maxwell suggested breaking the proposal into two votes. The first would be for development of Holes #15, #16 and the Grove. If that vote passes, a second vote can take place asking the HOA to decide between a clubhouse and a driving range.
• C. Bowman suggested that Option B be that the City is not required to maintain a golf course in the City but the open space only. C. Perry said that option sounds like a bluff. The second option needs to be one that the Council would vote for.
• C. Richardson said that Plan A is to maintain a viable golf course as presented. He suggested Plan B is to find a way to liquidate assets to pay off the debt.
• C. Maxwell volunteered to work to get the HOA votes for the five lots on Hole #16 and development of the Grove.
• C. Perry pointed out that it is an emotional vote for the HOA. In the past, it was very difficult to get the votes for The Cedars to take control of their own HOA.
• C. Maxwell will spend the next two weeks to meet with the HOA to find out what type of support he can get for Option A.
MOTION: C. Maxwell - To table the motion for two weeks. Seconded by C. Perry.
Nay - C. Wright Motion passes.
• C. Perry said he will work on a concrete Option B.
7. Review/Action on Golf Course Equipment (9:23 p.m.)
MOTION: C. Richardson - To table Item #7. Seconded by C. Wright.
C. Wright Motion passes.
See handouts. Konrad Hildebrandt stated that there are real repercussions to not addressing this item and not meeting equipment deadlines. Ray Homer, a representative of the golf cart leasing company, gave a presentation on the golf carts. The FY2008 budget would increase by about $10,000 to replace the carts. To get carts in time, the carts need to be ordered within a week. David Taylor said that to maintain the current fleet would cost about $30,000. There is a non-appropriation clause in the lease.
• C. Perry feels that the City should continue to operate the course while dealing with reconfiguration. The only scenario where golf carts are not needed is if the City never opens the course again.
• Mayor McGee made an executive decision to tell staff to move ahead with 72 golf cart replacements based on an informal poll of Council Members. The other 10-15 carts will be ramped off with the best parts from the existing carts.
• C. Wright said he was opposed to golf cart replacement at the time.
C. Bowman excused - 9:43 p.m.
MOTION: C. Perry - To have a two minute break. Seconded by C. Maxwell.
C. Wright Motion passes.
C. Bowman returns - 9:53 p.m.
8. Review/Action on Lot Access Issue on Timpanogos Cove (9:53 p.m.)
See handouts. Kim Holindrake provided background information in the handouts. The proposed access to the lot is in lieu of the extension of the driveway to the public street. The City Code requires that if someone is dissatisfied with the interpretation made by the Zoning Official, then they meet with the Board of Adjustment. This is the policy that has been followed on numerous occasions. Recent similar situations have also required property owners to create their access to the street even when they had other options from other residents. Residents and staff can gather as many interpretations of the Code as they wish but the bottom line is that the decision is with the Zoning Official and then the Board of Adjustment.
Rodney Despain stated that his reading of the code requires that flag lots access a public street. He does not see the driveway to the park as a public street. Rodney Despain said that he sees this as an illegal and precedent setting issue of removing the requirement of access to flag lots.
David Bunker stated that calling the driveway a public road breaks the code because the cul-de- sac is already at the maximum length, and the driveway does not meet the requirements for a City street.
• C. Perry stated that he sees the issue as one of logistics and appearance. Because of a mistake in planning, there is no space for landscaping. Rather than having two side-by-side paved roads, the Perrys propose accessing their lot through the park access. The Perrys would then provide landscaping and allow a sign for the park. He asked the Council to consider whether it is beneficial to the City and whether it is within the Council’s legal purview to make the decision. He does not feel the only option is to take it to the Board of Adjustment. Eric Johnson has stated through an e-mail that the City has broad powers to have an alternate solution. His reading of the situation is that requiring two access roads is impractical. C. Perry said he cannot believe the bureaucracy that he has come up against. He feels that more effort has been expended in making sure no favoritism is shown than in doing what is best for the City.
• Mayor McGee stated that Eric Johnson has a personal stake because he intends to make a similar request in the future. He suggested that the item be brought to David Church, legal counsel for the Utah League of Cities and Towns, for his interpretation. Mayor McGee said that he would agree to the Perrys request if the drive were widened and beautified with an easement given.
• C. Bowman said that after driving to the property, she feels some agreement should be made. She is trying to look at this issue as if it were any resident.
• C. Richardson read the definition of a street and argued that the driveway is a public street.
• C. Perry said that unless other Council members were willing to champion a better park entrance, he is ready to go and pave his own driveway.
Zonda Perry said that she was told many times that there would be landscaping between their driveway and the City park driveway. In November, she found out that there was no landscaping between the road and their property. The landscape architect suggested that the Perrys do the landscaping and have the driveway at the back of the park access road.
MOTION: C. Wright - Given Eric Johnson’s opinion, the Perry’s have access to what is already a road, and they do not need additional access. We ask that the Perry’s put a sidewalk on the west side and grant a reasonable easement for a sign at the entrance. Seconded by C. Maxwell.
AMEND MOTION: C. Wright - The City Council allows this road to be a public street. In light of the Perry’s willingness to work with the City, the City would like to require them to donate a sidewalk on the west side at their cost that matches the sidewalk on the other side, the entire public street have red curbing on both sides so that there is no parking and that the Perrys give a reasonable easement on the front west side of the public street for a sign announcing Timpanogos Cove Park. Seconded by C. Maxwell.
Abstain- C. Perry Motion passes.
9. City Manager Report and Discussion (11:05 p.m.)
• Eric Johnson is looking at The Cedars East fencing issue. Konrad Hildebrandt will ask him to have the information by the next council meeting.
• Konrad Hildebrandt asked the American Fork police about the stop sign at Oak Road and Cedar Hills Drive. They responded that if they can sit in one place and ticket every hour, they will stay there. He asked them to patrol other areas of the City, including Redwood Drive. David Bunker will look into traffic at the Oak Road/Cedar Hills Drive intersection and determine whether the stop signs can be removed.
• Eric Richardson would like the traffic trailer to take counts on collector roads around the commercial development.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
10. Board and Committee Reports (11:12 p.m.)
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (11:12 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. Richardson - To go into Executive Session, Pursuant to Utah State Code 52-4-5 to discuss the competence of a staff member. Seconded by C. Maxwell.
C. Wright Motion passes.
*** EXECUTIVE SESSION ***
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting (12:20 a.m.)
MOTION: C. Richardson - To adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Perry.
C. Wright Motion passes.
13. This meeting was adjourned at 12:22 a.m. on a motion by C. Richardson, seconded by C. Perry and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
February 20, 2007