CITY COUNCIL MEETING
Tuesday, May 1, 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, Eric Richardson, Joel Wright (8:25 p.m.)
Absent: Jim Perry
Konrad Hildbrandt, City Manager
David Bunker, City Engineer
Kim Holindrake, City Recorder (7:30 p.m.)
Greg Robinson, Assistant to the City Manager-Planning
Rich Knapp, Finance Director
Rachel Brown, Assistant to the City Manager-Finance
Rodney Despain, City Planner
Courtney Hammond, City Meeting Transcriber
Others: Commissioner Gary Anderson, Rachelle Stubbs, Kent Seamons, James Ferry, Mindy Lines, Roy Williams, Karissa Neely - Lone Peak Press, Troop 1194, Larry Lockin, Scott Rasband, Tracy Roberts, Allison Tovey, Kirk Lindley, Jonathan Howard, Tyler Arbo, Pete McMullin, Richard Piggott, Tyler Sheffield, Jenny Sorenson
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 at 7:01 p.m. by Mayor McGee.
Invocation given by C. Maxwell
Pledge of Allegiance
2. Public Comment (7:02 p.m.)
Kent Seamons: Mr. Seamons said that he will not be able to attend the meeting on May 15 when the final Wal-Mart decision is made. He is concerned about delivery truck noise. He feels there are two misunderstandings regarding the sound study. First, the sound study gave the average noise rather than the peak level. His second issue is that the noise restrictions do not cap the noise levels. He asked the Council to consider setting a maximum noise cap. And if the truck noise is not capped, to restrict truck deliveries to daytime hours.
Jim Ferry: Mr. Ferry said that the public had been told at the time that the public works building was dedicated that the three lights above the garage would be shielded. They are not yet shielded. David Bunker said the shields are being made. He is also concerned with the concrete wall on Canyon Road that was knocked down. It has caused a safety hazard. The wall is leaning against his retaining wall, which is causing the retaining wall to sink. The block wall is cracking and shifting down into his yard. He feels it is a safety hazard for children in the area. He has seen small children hiding under the collapsing concrete block. Also, his backyard is now exposed to Canyon Road. He has to tie up the dog. It is also a safety concern for children in the area who are now exposed to Canyon Road. The wall has been down for several months now. His wife has attempted to call the City Manager and has had no response. Konrad Hildebrandt said that City staff has been in contact with the Ferrys every day. The wall was approved because of the safety issues. The City spent $80,000 and much staff time to write grants to put a wall on private property. It was a good project, but the City did not promise perpetual maintenance on the wall. However, when the incident happened, City staff was on the phone within an hour to talk to the police and the insurance company. The insurer did not send its own adjuster. The adjuster had to find the person who originally built the wall. They sent the insurance check to the City about two weeks ago. David Bunker’s assistant has called daily to get in touch with the man who built the wall. He is not responding. If another company is used to fix the wall, it will not match. Mayor McGee instructed staff to hire somebody to remove the broken portion of the wall and put up temporary orange net fencing.
Rachelle Stubbs: Ms. Stubbs said that seven of her windows look out at the public works building. The building looks nice, however, she would like the Council to budget what is necessary to make good on promises made to nearby residents. She is most concerned about the noise and the industrial storage at the building. She said that residents were promised that the building would be at street level with a concrete sound wall, gravel and salt storage behind the building, and beautiful landscaping. However, the building is above street level; there is no sound buffer; she can hear voices and trucks at early hours; there are chain link and barbed wire; and permanent storage of industrial products. The landscaping is not what was expected. She would like to see improved landscaping, a sound buffer so that the trucks are not heard in the neighborhood, a hidden storage yard, and a color change for the bright white doors. See attached written letter.
Mindy Lines: Ms. Lines is concerned with the excessively bright lights of the public works building. She asked that they be turned off at night. They are at the level of a large shopping center. The level of the building is parallel to her home. The noise carries and there is no noise barrier. Mayor McGee said that the city engineer just left the meeting to unscrew the lights until the shields are installed.
CONSENT AGENDA
3. Minutes from the April 3, 2007, Public Hearing and Regular City Council Meeting and the April 17, 2007, Regular City Council Meeting (7:35 p.m.)
MOTION: C. Bowman - To approve the consent agenda. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Richardson. Motion passes.
Mayor McGee introduced County Commissioner Gary Anderson who spoke briefly about how it is an exciting time in the County and wants to have a good relationship with the cities. It is an exciting time in the County with growth, etc. The County is there to help; please let him know how they can help. Cedar Hills is a wonderful city.
SCHEDULED ITEMS
4. Review/Action on Final Plat for Bridgestone, Plats F and G (7:40 p.m.)
See handouts.
Staff Presentation:
David Bunker stated that the new building elevations have already been approved. There were a few minor engineering items. The coordinates have already been addressed. The postal easement has been verified. The street cross section has been provided. The plats need to note that construction access shall be limited to the west entrance.
Council Discussion:
C. Richardson said the Planning Commission asked for verification of the number of parking stalls. Three extra stalls have been shown on the plat. He would like to ensure that construction trucks do not park at the access to Deerfield Elementary. Pete McMullin stated that they have had signs made to announce that it is not a construction access. Rodney Despain said that approval should be subject to the CC&R expansion documents.
MOTION: C Richardson - To approve Ordinance 5-1-2007A, an Ordinance approving Plat F of the Bridgestone Planned Unit Development at approximately 9560 North and 4500 West, subject to the following: final engineering, verification and recording of amended PUD HOA CC&Rs, that all construction access through the Bridgestone Drive west entrance, a construction fence between Bridgestone Drive and 4380 West restricting traffic, the postal easement verified, a final plat suitable for recording shall be submitted and reviewed by the City Engineer, verification of water rights, grant authorization to the Mayor and Planning Commission to sign the plat, density approval is based on the David and Dixie Harvey parcel, and subject to including street addresses on the final plat, two sewer laterals per building, and the street cross section per a geotech report. Seconded by C. Maxwell.
Pete McMullin said that there was never a fence just a blockade. The Council felt the blockade would work. Also, the sewer lateral requirements were two 4-inch or one 6-inch.
Vote taken by roll call. Aye - C. Bowman
C. Maxwell
C. Richardson Motion passes.
MOTION C. Richardson - To approve Ordinance 5-1-2007B, an Ordinance approving Plat G of the Bridgestone Planned Unit Development at approximately 9560 North and 4500 West, subject to the following: final engineering, verification and recording of amended PUD HOA CC&Rs, that all construction access through the Bridgestone Drive west entrance, a construction fence between Bridgestone Drive and 4380 West restricting traffic, the postal easement verified, a final plat suitable for recording shall be submitted and reviewed by the City Engineer, verification of water rights, grant authorization to the Mayor and Planning Commission to sign the plat, density approval is based on the David and Dixie Harvey parcel, and subject to including street addresses on the final plat, two sewer laterals per building, and the street cross section per a geotech report. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Bowman
C. Maxwell
C. Richardson Motion passes.
5. Review/Action on Ordinance Creating an Appeal Authority According to UCA 10-9A (7:55 p.m.)
See handouts.
MOTION: C. Richardson - To continue item 5 to the next meeting. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Richardson Motion passes.
6. Review/Action on Preliminary Subdivision Plat for the Commercial Property Located at Approximately 10000 North (Cedar Hills Drive) Between 4800 and 4600 West (7:55 p.m.)
See handouts.
Staff Presentation:
David Bunker stated that staff recommends giving the detention pond a lot number to make recording easier. Each outlot should also have its own lot number. Phillips Edison has addressed those issues and presented a revised map. David Bunker stated that there is property on 4600 West that needed to be dedicated. Roy Williams said that it was dedicated to the City at closing. The City needs to verify that conveyance. Rodney Despain said that the CC&Rs should come with the development plans. He said that the right-of-way on 4800 West was dedicated in 2006. The cross easement issue needs to be explored. He would like to talk to David Bunker on this issue before final plat approval.
Council Discussion:
C. Richardson said that he feels there is no reason for them to be here tonight because the City Council does not need to give preliminary approval. Kim Holindrake said that the process for a commercial subdivision is the same as the site plan. Staff felt that a commercial subdivision should stay within the commercial process. Rodney said that the City ordinance addresses subdivisions in two ways. One is an ordinary subdivision. The other is when it is mixed with a large scale development that has preliminary approval. Throughout the site plan process, the subdivision has never been addressed. That is why it is before the Council. Preliminary approval through the City Council also limits a potential appeal. Mayor McGee said he feels it is safer and more advantageous to take this approach. Roy Williams said the Planning Commission has agreed to hold a special meeting to recommend the final plan. There will be an easement and a covenant and restriction agreement between Phillips Edison and Wal-Mart. They hope to have that completed before final approval before the City Council.
MOTION C. Richardson - To grant preliminary approval of the Cedar Hills Retail Subdivision and return it to the Planning Commission for a recommendation on final approval subject to: a phasing plan (10-6A-3), a finding that the proposed phase(s) is consistent with the overall plan and constitutes a significant portion of the total project and a logical extension thereof, the provisions of 10-6A-4 and 10-6A-8 of the Cedar Hills Zoning Code, final engineering, legal review, water rights submitted, fire marshall approval, all sidewalks to be installed by developer, or at the City Council’s discretion, a cash bond may be accepted, the final subdivision plan shall verify the proper right-of-way dedication, all utilities for completed site improvement shall be included as part of final subdivision approval. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Richardson Motion passes.
Roy Williams asked when water rights were needed. David Bunker stated that the number of water rights needed will depend on the number of tenants and that the initial calculation is typically based on the initial tenants/use. Water rights can be submitted once the tenant/use is determined. At final, water rights will be required for retail (a minimal use) and can be adjusted later.
7. Review/Action on Utah County Commission 2007 Municipal Recreation Grant (8:26 p.m.)
See handouts. Konrad Hildebrandt stated that the County had a surplus with the restaurant tax. The County made the surplus available as a grant. The City has submitted a grant for the playground equipment for Timpanogos Cove Park. They submitted a City contribution on the low end. It has been submitted to the County and needs to be approved by Council action. It is just under $5,000.
MOTION: C. Wright – To approve staff’s action of moving forward on this grant, the Utah County Commission 2007 Municipal Recreation Grant. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Richardson
C. Wright Motion passes.
8. Review/Action on Preliminary Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (8:34 p.m.)
See handouts.
Staff Presentation:
Konrad Hildebrandt stated that state code requires a preliminary budget be submitted and approved. Rich Knapp presented the proposed rate increases for the water and sewer fund and the golf course revenues and expenditures. The water and sewer increase makes up for a $300,000 projected shortfall and the well project. The main reasons for the rate increase are the power, the additional CUP, the public works building and the well. The golf budget is conservative. Some golf issues to be addressed include range ball theft.
Council Discussion:
C. Wright asked for an analysis on garbage cans and recycling. The Blue Sky Program is in the budget. He would like to look into instituting a RAP tax. He feels it is a painless way to tax people. C. Richardson asked about the golf course reconfiguration. He said it makes no sense to talk about the budget without figuring out the reconfiguration. Mayor McGee said there was a staff meeting this afternoon about the reconfiguration. The new hole should be built now. There are people interested in the development on the east side. C. Maxwell said that for the HOA vote, the configuration is unimportant, the number of lots is what is important. The amendment will be delivered to the HOA within days. The deadline will be June 1 to get it approved.
MOTION: C. Richardson - Whereas our paternalistic legislature has adopted yet further meaningless and “Seussical” statutes in this case requiring municipalities to adopt completely nonbinding preliminary budgets in advance of passing its actual budget, nevertheless pushed to be in compliance with poorly written laws, I move that we approve the nonbinding preliminary budget for Fiscal Year 2008. Seconded by C. Wright.
Aye-C. Bowman
C. Maxwell
C. Richardson
C. Wright Motion passes.
9. City Manager Report and Discussion (9:25 p.m.)
• The City Attorney has looked at the ability to tie impact fees to the CPI. No other city does it. He said that the guestimate for the cost for the capital improvement plan should be for buildout. The inflation is worked into the estimate and it can be worked into the impact fee analysis. C. Richardson would like to see this plan and fees on a future agenda.
• Konrad Hildebrandt is concerned about the neighboring cities participation in the Lone Peak Recreation District. The Council needs to decide whether to put this on a ballot, and whether to continue with the current partners. The feasibility study will be formally presented in a future meeting. Mayor McGee said that the Alpine School District will partner. Mayor Franson, Highland City, is also supportive.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
10. Board and Committee Reports
• C. Bowman: There is graffiti in Heritage Park on a tree trunk. Konrad Hildebrandt is working on it. The frisbee golf is installed at Heritage Park. The grass above the amphitheater is torn up. David Bunker will look at it. C. Richardson would like an update on the Family Festival sponsorship.
• C. Maxwell: The Golf Committee will get started soon.
• C. Richardson: The Planning Commission recommended final approval on Wal-Mart and the Phillips Edison outlots. They are continuing to work on the Commercial Design Guidelines and the discrepancy between the Guidelines and City Code. Wal-Mart has moved the compressors to the west and has offered an equipment package that is very quiet. Shell MacPherson recommended adopting a sound ordinance. The size of the footprint increased slightly by about 2,000 square feet. Greg Robinson asked that any concerns be e-mailed to him so that they can be in the development agreement. C. Richardson stated that in 1998 the Town Council issued a resolution talking about the boundary issue. He would like an agenda item to address the boundary issue.
• Mayor McGee: At the North County Mayors meeting they agreed to move back toward the original goals to encourage good relations between cities by encouraging good relations between mayors. If the mayors develop a sense of comradery, the concerns can be communicated. Mayor McGee asked Roy Williams to be a sponsor of the Family Festival. He agreed to contribute $3,500 for the fireworks. Mayor McGee asked Shell MacPherson to contribute $15,000. Mayor McGee would like to see the fireworks budget increased to $15,000.
• David Bunker: The light bulbs have been pulled from the bays of the Public Works Building. The resident is complaining about the street lamps along the driveway. No matter what shields are put on the lights, residents will see the lights because of the elevation of the building. The wattage can be reduced. C. Maxwell would like the cost of a solid wall looked into.
• C. Wright: He announced he is selling his home and moving to Salt Lake. He doesn’t anticipate moving until the fall,
• A resident of Highland said that his PUD is opposed to the development of 11 lots in the juniper grove. It was their impression that it was protected as open space in the development agreement.
EXECUTIVE SESSION
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5. (10:05 p.m.)
MOTION: C. Maxwell - To go into Executive Session, Pursuant to Utah State Code 52-4-5 for a strategy session to discuss the purchase, exchange, or lease of real property. Seconded by C. Wright.
Aye-C. Bowman
C. Maxwell
C. Richardson
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
12. Motion to Adjourn Executive Session (10:18 p.m.)
MOTION: C. Wright - To Adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Richardson. (10:18)
Aye-C. Bowman
C. Maxwell
C. Richardson
C. Wright Motion passes.
ADJOURNMENT
13. Adjourn
This meeting was adjourned at 10:20 p.m. on a motion by C. Richardson, seconded by C. Bowman and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
May 15, 2007