CITY COUNCIL MEETING
Tuesday, May 15, 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, Jim Perry, Eric Richardson, Charelle Bowman, Joel Wright (7:22 p.m.)
Konrad Hildebrandt, City Manager
Gretchen Gordon, Deputy City Recorder
Greg Robinson, Assistant to the City Manager - Planning
David Bunker, City Engineer
Rodney Despain, City Planner
Courtney Hammond, City Meeting Transcriber
Jim Madsen, Director of Golf
Others: Bob Ogden, Scott Jackman, Tyler Sheffield, Roxy Ogden, Brent Uibel, Kyler Washburn, Shayla White, Gina Carl, Gary Phillippi, Trisha Allen, Caleb Warnock, Carissa Neely - New Utah, Dale Williams, Jillian Rose, Lainai Canfield, Cindy White, Michelle Corry, Sylvia Williams, Stacy Anderson, Noel Koenig, Mark Edminster, Shell MacPherson, John Clyde, Jordan Eddington, Zonda Perry, Roy Williams, Barry Watts (7:45 p.m.), Amy Choate-Nielsen (7:50 p.m.), Rich Pigott (7:50 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 at 7:15 p.m. by Mayor McGee.
Invocation given by C. Bowman
Pledge of Allegiance
2. Public Comment (7:18 p.m.)
• Greg Phillippi: Mr. Phillippi is a Highland resident who served on the Highland City Council when the Cedar Hills golf course was proposed. He said there was supposed to be a conservation easement filed for the juniper grove between Highland and Cedar Hills. He handed out supporting documents to the City Council.
• Tyler Sheffield: Mr. Sheffield is a Highland resident and feels that preserving the juniper grove is an important issue for the larger community, including American Fork, Highland and Alpine. He urged the City Council to preserve the area and the trail that runs through it.
CONSENT AGENDA
3. Minutes from the May 1, 2007, Regular City Council Meeting (7:21 p.m.)
MOTION: C. Maxwell - To approve the consent agenda, which includes the minutes from the May 1, 2007, City Council meeting with the one change from C. Richardson. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Richardson - To move item 8 in front of item 4. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
8. Review/Action on Resolution Authorizing a Notice of Intention to Issue Utility Revenue Bonds in the Maximum Amount of $3,000,000 for Utility Improvements, Including a New Well (7:25 p.m.)
See handouts.
Mark Edminster of Lewis Young presented the parameters resolution for the new well. It is the first legal step for administering tax exempt bonds. Adopting the parameters resolution does not obligate the City to issue the bonds. This parameters resolution notices the intent to issue utility revenue bonds to a maximum of $3 million. The estimated cost is actually around $2.2 million. If the City qualifies for state funding, the cost of issuance will be much lower than if on the public market.
MOTION: C. Wright - To approve Resolution 5-15-2007A, A Resolution authorizing the issuance and sale of not more than $3,000,000 aggregate principal amount of utility revenue bonds, series 2007 of the City of Cedar Hills, Utah, for utility improvements, including a new well; fixing the maximum principal amount, maturity, interest rate, and discount; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters. Seconded by C. Perry. Vote taken by roll call.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
4. Review/Action on Final for Commercial Development-Wal-Mart (7:30 p.m.)
See handouts. Shell MacPherson of PacLand Develoment stated that the compressor units were moved forward on the building so that they are across from open fields rather than residential homes. The modification makes the building 1,500 square feet larger and slightly modifies the elevation and the drive aisle throats. An additional row of trees was added to the western edge of the detention pond. The new compressor equipment lowers the noise levels from 64 dBA to 44 dBA at full capacity at the property line. The equipment also has an inverter package that allows the compressors to operate at less than full capacity based on the outdoor temperature. The effective wall height on the eastern side of the building matches the northern effective wall height of 12 feet. Wal-Mart will construct the detention basin and dedicate it to the City. The City will then be responsible for maintenance. The light fixtures along the northern wall have been reduced to 12 feet–the effective wall height.
Rodney Despain stated that any agreement becomes an integral part of the development process. When action is taken, approval is given on the subdivision, site plans for the three lots, and the development agreement. Rodney suggested that the effective date of approval be concurrent with the approval of the development agreement. Greg Robinson stated that he has made a draft of the development agreement, which is currently under review. C. Richardson, Mayor McGee, and David Bunker have provided feedback on the development agreement. Additional feedback from other City Council members and legal counsel should be given to Greg so that they can be implemented in the draft. At that point, Wal-Mart will be able to provide feedback.
Council Discussion:
• C. Perry said that he appreciated that PacLand and Wal-Mart moved the compressors and found a better equipment package that reduced the noise levels for adjacent homeowners. They already had preliminary approval and made a positive change without being required to do so. The main issues he would like addressed in the development agreement are delivery hours for trucks, hours of operation, overnight camping, and demolition of the building if the building is abandoned. While C. Perry would like to see reduced store hours, he feels there will be so few customers shopping at late hours that he is willing to compromise.
• The Council differs in exact delivery hours, but generally would like to see a twelve-hour window starting around 8 a.m. until as late as 9 p.m. Shell MacPherson countered that Wal-Mart’s merchandising plan requires daily deliveries of fresh foods at 5 a.m. to meet the 7 a.m. morning demand. These trucks are typically vendor trucks that produce less noise. The current draft only covers semi trucks and does not address smaller vendor trucks.
• C. Wright said that setting delivery hours starting at 8 or 9 a.m. would only contribute to the peak traffic at those hours. He would prefer delivery trucks come earlier. He is concerned that by limiting the deliveries, the City is putting demands on the store and commercial entities to protect just a few residents, while the Council needs to represent the entire City.
• Mayor McGee asked that Shell MacPherson find out what type of trucks deliver the early morning fresh items and how many early morning truck deliveries come each morning. Shell MacPherson will provide factual data.
• C. Richardson said that he was disappointed that Wal-Mart didn’t reduce their store hours. Shell MacPherson said that supercenters are open 24 hours because staff is already there cleaning and stocking. If there are fixed costs for staffing the store, they want to remain open. He will get data on whether there are supercenters that have limited hours.
• C. Maxwell is concerned that people may be required to work on Sunday. C. Bowman pointed out that people face that decision now. It is not up to a city to regulate it.
• Shell MacPherson said that item 13 in the development agreement draft, Terms of Operation, will be met with resistance from Wal-Mart. He said that Wal-Mart is investing a lot of money in the store and does not plan on vacating it.
• The City can take cash in lieu of water shares if Wal-Mart does not want to buy them on the open market. David Bunker will provide Shell MacPherson with contact information for water purveyors.
MOTION: C. Richardson - To adopt Ordinance 5-15-2007A - Wal-Mart, an Ordinance granting approval of the final site plan of the Cedar Hills Retail Subdivision - a Planned Commercial Development. Seconded by C. Bowman. Vote taken by roll call.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
C. Richardson clarified that final approval was given, contingent on a recorded development agreement.
5. Review/Action on Final for Commercial Development - Outlots (Phillips Edison) (8:52 p.m.)
See handouts. Roy Williams of Phillips Edison stated that they replaced the Norway Maples with London Planes on 4800 West per the Planning Commission’s request. Additional brick was added to the elevations. A hard surface plaza area was created to allow pedestrian access to lot 2 from Cedar Hills Drive. The design of the monument sign was changed to better match the elevations of the stores. Phillips Edison is requesting that signage be allowed on the west side of the buildings so that stores can be identified on 4800 West and so that the west side does not look like the back of a building.
Council Discussion:
• C. Richardson said that preliminary approval was given contingent on a finding by the Council about which facade(s) will be the front(s). Rodney Despain said that if a site plan is adopted, the signage included in the plan is adopted as well. It supersedes the sign ordinance. C. Richardson would like the cap on the monuments signs labeled as pre cast concrete.
MOTION: C. Richardson - To adopt Ordinance 5-15-2007B - Phillips Edison, an Ordinance granting approval for the final site plan of the Cedar Hills retail subdivision - a planned commercial development. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Final Subdivision Plat for the Commercial Property Located at Approximately 10000 North (Cedar Hills Drive) Between 4800 and 4600 West-Cedar Hills Retail Subdivision (9:21 p.m.)
See handouts. Rodney Despain stated that this plat is a portion of a planned commercial development project. He suggested that three notes be added to the plat to show that it is a planned commercial development project and there are some reciprocal requirements as a result. He also brought up the question of whether an easement is needed for the Welcome to Cedar Hills monument sign. If the City does not want to own or maintain the sign, an easement is not required. Roy Williams said that it was his understanding that Phillips Edison would build the sign and provide the power for illumination, and Cedar Hills would pay for the lettering and maintain the sign. Rodney Despain said that maintenance could be addressed in a license agreement.
MOTION: C. Perry - To approve the Cedar Hills Retail Subdivision final plat subject to the addition of the three notes specified in Rod’s memo, 1) All portions of the plat constitute a Planned Commercial Development Project as defined under Section 10-6A of the Zoning Ordinance of Cedar Hills, Utah, 2) Any development on lots 1, 2, 3, or 4 require approval of a specific site plan by the City of Cedar Hills in accordance with the terms of the Zoning Ordinance of Cedar Hills, Utah, and 3) the owners, employees, and patrons of uses constructed upon lots 1, 2, 3, and 4 are hereby granted the right of vehicular and pedestrian access over and upon all areas within the said lots designated on the approved site plan for vehicular and pedestrian use and the right to park a vehicle upon any designated parking space located within any lot in the subdivision, not otherwise occupied. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (9:30 p.m.)
See handouts.
MOTION: C. Perry - To table item 7. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
9. City Manager Report and Discussion (9:30 p.m.)
• Mark Edminster said that the City can partially pay down the golf course bond. Konrad Hildebrandt will e-mail supporting documentation to the Council. Given this information the Director of Golf and Konrad Hildebrandt suggest moving forward on constructing a new hole. C. Perry disagrees with moving forward because if the HOA vote does not pass, the stated intent of the Council is to not have a golf course. The possibility of beginning on construction of a hole should be on a future agenda.
• New construction has gone up; 19 homes were built in the last two months.
• C. Richardson and C. Perry requested that item 6 (Subdivision Plat for Commercial Property) be reconsidered in two weeks to address cross parking and vehicular access.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
10. Board and Committee Reports (9:46 p.m.)
• C. Bowman: The Parks and Trails Committee discussed the development of the juniper grove and its impact to the trail. They requested that the Committee be involved in the process of rerouting the trail if the grove is developed. The hillside park was discussed. The property is not City owned, but remains in the parks master plan. If it is removed from the general plan, the owner will petition for rezoning to develop. The Council would like to keep it in the plan. There is more graffiti in Heritage Park. The Council would like to look into surveillance cameras. Falcon Ridge HOA may be coming to the City to ask for participation in creating a park on the landslide site. David Told is looking for ideas for Eagle Scout projects. Konrad Hildebrandt said that the City encourages scouts come with their own plan.
• C. Perry: The new Youth City Council will be chosen soon.
• C. Maxwell: Attended the first unofficial Golf Course Committee meeting. The first official meeting will be Tuesday, May 22. It still needs to be noticed.
• Mayor McGee: Met with Governor Huntsman, who agreed to be the Grand Marshall at the Family Festival, provided his schedule allows. Mayor McGee met with the mayors and staff of Pleasant Grove and Lindon. They want money for storm water drainage that they believe passes through their cities. He also met with Mayor Daniels and came up with an interlocal service agreement that reflects the true cost of servicing those in Pleasant Grove. The cost would be paid by Pleasant Grove City. Council members unanimously expressed opposition to an interlocal agreement, stating it may be impossible to truly predict the future cost of upgrades, and therefore be able to ensure that Cedar Hills residents aren't forced to subsidize the costs for Pleasant Grove homes. An agenda item for a resolution regarding the Manila boundary issue was requested by C. Richardson. C. Maxwell and C. Bowman provided support for the request. Mayor McGee has been fund raising for the Family Festival. He has raised over $30,000.
EXECUTIVE SESSION
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:07 p.m.)
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5 to discuss the deployment of security devices, sale of real property, and potential litigation. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
*** EXECUTIVE SESSION ***
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:55 p.m.)
MOTION: C. Maxwell - To Adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
ADJOURNMENT
13. Adjourn
This meeting was adjourned at 10:55 p.m. on a motion by C. Richardson, seconded by C. Maxwell and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
June 19, 2007