PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, June 5, 2007 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Eric Richardson, Gary Maxwell, Jim Perry, Charelle Bowman, Joel Wright (7:33 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Gretchen Gordon, Deputy City Recorder
Rich Knapp, Finance Director
Rachel Brown, Assistant to City Manager-Finance
Greg Robinson, Assistant to City Manager-Planning
Rodney Despain, City Planner
Shawn Richins, Police Sergeant
Eric Johnson, City Attorney (7:47 p.m.)
Ciara Decker, Community Services Director
Others: Karissa Neely, Brent Uibel, Terry Boulter, Caleb Warnick, Scott Jackman, Dave Payne, Robert Ogden, Roxy Ogden, Joe Schoonmacher, Kent Seamons, Jonathon Nufer, Kylee Gordon, Jordan Boone, Eliza Wilson, Cosette Jensen, Brianne Burrasto, Kailynn Tripp, Mitchell Webb, Tom Gleason (8:05 p.m.), Tyler Sheffield (10:20 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 7:13pm.
Invocation given by Eric Richardson
Pledge of Allegiance
2. Public Comment (7:15 p.m.)
Kent Seamons - He wanted to share some information about truck noise with relation to the Wal-Mart development. He suggested that the City Council seriously consider a noise cap. He studied the Lindon Wal-Mart and observed some of the truck traffic as well as spoke with some people inside. A couple of mornings no 6-wheel trucks delivered, but other days it was 18 wheels with a noise spike at 98 dba as it was accelerating. He spoke with the grocery man who indicated that the produce comes in 18 wheel semi trucks, not in a farm-type truck. He would like to talk more to the City Council off-line and find out a way for it to be a win-win. Wal-Mart needs to run their business, but he wants to make sure we understand what the operations will entail.
PUBLIC HEARING
3. Amendments to the City Code, Title 10, Chapter 6, Article A, Planned Commercial Development Projects (7:20 p.m.)
No comment.
4. Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (7:20 p.m.)
No comment.
5. All Fee and Utility Rate Schedules (7:20 p.m.)
No comment.
6. Compensation for Elected and Appointed Officials (7:20 p.m.)
No comment.
7. Ordinance Amending the Ordinance 6-19-97A of the City of Cedar Hills, Changing the Municipal Energy Sales and Use Tax (7:20 p.m.)
No comment.
CONSENT AGENDA
8. Minutes from the May 15, 2007, Regular City Council Meeting and the April 24, 2007, Special Joint Cedar Hills Pleasant Grove City Council Meeting (7:20 p.m.)
C. Richardson wanted to know if the minutes reflected the request to have an agenda item to discuss the resolution regarding the Pleasant Grove Boundary Adjustment.
MOTION: C Perry - To table Item #8 until the next meeting. Seconded by C. Maxwell.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
SCHEDULED ITEMS
9. Introduce the Youth City Council (7:22 p.m.)
Ciara Decker had the Youth City Council members introduce themselves.
Gretchen Gordon, Deputy City Recorder, swore in Kailynn Tripp, YCC Recorder, who then swore in the members of the Youth City Council.
10. Review/Approve Development Agreement - Wal-Mart (7:30 p.m.)
Staff Report:
See handouts. Konrad Hildebrandt stated that the Development Agreements were sent to Wal-Mart and Phillips Edison 2-3 weeks ago. The City received the agreement from Wal-Mart this morning, but has not had feedback from Phillips Edison.
Council Feedback:
• C. Maxwell stated that the returned Wal-Mart agreement had substantial changes that were shocking and surprising to the point where the City Council will need substantially more time to review.
• Mayor McGee indicated that this proposal has been submitted to Eric Johnson. C. Perry suggested that this not be done at this time because of the sweeping changes that were proposed. It would be a waste of money to have the attorney review it at this time.
• C. Maxwell stated that there are a number of changes that have not been incorporated into the draft. There are entire sections that have been removed by Wal-Mart.
MOTION: C. Perry - To ask staff to incorporate the latest changes and resubmit those changes to Wal-Mart and revisit the agreement. No second. Motion dies.
Additional Discussion:
• Greg Robinson stated that many of the edits made by Wal-Mart have taken the “teeth” of the agreement. The intent must be maintained. There are areas of negotiation while other areas are not. He asked the Council for clarification on some items, including decibel levels and daytime and nighttime hours.
• C. Maxwell stated that he sent an e-mail to the Council with some suggested delivery times and varying decibel levels. Regarding the LO-70 level during the day and the LO-60 during the night, his suggested delivery times are from 8:00 a.m. - 10:00 p.m. on weekdays and 8:00 a.m. - 9:00 p.m. on the weekends.
• Mayor McGee felt that 10:00 p.m. was too late.
• The City Council reviewed 8:00 a.m. - 8:00 p.m. on weekdays and 9:00 a.m. - 8:00 p.m. on weekends.
• Review of db levels.
• Exception for small delivery trucks - All trucks during daytime hours, except daily fresh between 5-8 a.m. from small delivery trucks carrying perishables and are six wheels or smaller. There is the possibility of requiring the early morning deliveries to deliver to the front of the store.
• Issue with the number of water rights required by the City - David Bunker and Greg Robinson are not completely comfortable with Wal-Mart’s assessment 11 acre feet. The City is requiring 18 acre feet. Wal-Mart will provide the evidence of how their number was achieved. Rodney Despain has done an analysis on actual numbers. There may be a requirement to accept Wal-Mart’s figure and then do an analysis after two years. Wal-Mart is proposing to purchase water rights from the City. The City has had conversations with Wal-Mart about the water issue. Because of water conservation measures that Wal-Mart is adding, they feel that they will be using much less than the City had calculated. Review of a possibility of making Wal-Mart bond for the difference.
• C. Perry said that when the development agreement discussion is within the realm of what the City had proposed, the agreement should then come back to the City Council.
• C. Richardson wants Wal-Mart to indicate the sections that they are having trouble with.
• The City Council reiterated that none of the items are new requirements on the developer. These are issues that have been extensively discussed during the approval process from the very beginning. Much of this information was included in the approval motion. Rodney Despain supported that thought that this development agreement was simply articulating what was already discussed.
MOTION: C. Perry - To have staff prepare the development agreement incorporating the changes reflected in our discussion on the edits and send it back to Wal-Mart for review and table this item pending a new draft from Wal-Mart. Seconded by C. Maxwell.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
11. Review/Approve Development Agreement - Phillips Edison (8:02 p.m.)
See handouts. No response has been received from Phillips Edison.
MOTION: C. Perry - To table this given that we have received no feedback from Phillips Edison. Seconded by C. Maxwell.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
12. 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 (8:02 p.m.)
Staff Report:
See handouts. Greg Robinson stated that the only issue that Wal-Mart had, during the last approval, was that the City added some language about shared parking. Wal-Mart does not want that on their plat because this is a liability issue. They are not going to force people off their parking lot, but that was their only concern. That language will be taken off.
Council Discussion:
• Access easement is needed, but shared parking would not be required. C. Richardson stated that there would not be adequate parking for a restaurant, or similar use. Phillips Edison did not have an objection with this being removed.
• A private agreement could be drafted between the two parties.
• The current parking requirements are in the Design Guidelines, so there is some flexibility there.
MOTION: C. Richardson - To table this item until we have more information from the applicants. Seconded by C. Wright.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
20. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (8:08 p.m.)
MOTION: C. Wright - To go into Executive Session, pursuant to Utah State Code 52-405 for the purposes of discussing pending litigation. Seconded by C. Perry.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
21. Motion to Adjourn Executive Session and Reconvene City Council Meeting (8:33 p.m.)
MOTION: C. Perry - To adjourn Executive Session and reconvene City Council meeting. Seconded by C. Maxwell.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
13. Review/Action on Amendments to the City Code, Title 10, Chapter 6, Article A, Planned Commercial Development Projects (8:34 p.m.)
Staff Report:
See handouts. Greg Robinson indicated that this action puts the Design Guidelines into the code and conditional uses subject to the rules and regulations in the code. They have added the table that is out of the Design Guidelines and made all uses conditional, taking away permitted uses. There are some non-permitted, but the majority are conditional.
City Discussion:
• C. Richardson stated that this also clarifies that the Planning Commission acts to review conditional uses with the City Council as the appeal body.
MOTION: C. Richardson - To approve Ordinance 6-5-2007A, An Ordinance Amending Title 10 of the City Code of the City of Cedar Hills, Utah, Amending the Requirements Relating to Planned Commercial Development Projects. Seconded by C. Bowman. Vote taken by Roll Call
Additional Discussion:
• C. Perry reiterated that the conditional use is granted or denied by the Planning Commission, but Council is the appeal body. Beyond the Council, someone would also have the option of taking the item to a court.
Aye - C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson
Aye - C. Wright Motion passes.
14. Review/Action on Resolution Adopting the 2007-2008 Property Tax Levy (8:37 p.m.)
See handouts.
MOTION: C. Perry - To table Items #14 because we don’t have the calculated tax rate from the County. Seconded by C. Richardson.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
15. Review/Action on Ordinance Changing the Municipal Energy Sales and Use Tax (8:37 p.m.)
Staff Report:
See handouts. Rich Knapp stated that as part of the budget, we are proposing raising the franchise tax from 5% to 6%. Approximate 2/3 of the cities charge the maximum rate right now.
Council Discussion:
• C. Perry stated that in the past, the City really didn’t need the money, but given the escalating costs the City does need this additional income. The City has been coming up short in other areas, such as impact fees, because prices have risen faster than anticipated.
• This will raise $43,000 per year.
• C. Wright suggested looking at the R.A.P. Tax in the future.
MOTION: C. Wright - To approve Ordinance 6-5-2007B, An Ordinance Amending Title 3, Chapter 2, Article B, Municipal Energy Sales and Use Tax of the City Code of the City of Cedar Hills, as written. Seconded by C. Maxwell. Vote taken by Roll Call.
Aye - C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson
Aye - C. Wright Motion passes.
C. Wright apologizes that he has to further tax the residents of Cedar Hills when the City is wasting $1,000 per day on the golf course.
16. Review/Action on Resolution Adopting Fees (All Fees and Utility Rate Schedules) (8:43 p.m.)
Staff Report:
See handouts. Rachel Brown reviewed some of the proposed changes to the Fee Schedule.
• Culinary Water rates where Pressurized Irrigation is not available. There are currently about 10 residents in this situation.
• False Alarm/911 Fee - The actual cost can be up to $9.50 - $15.50 for entity dispatched, usually two or three agencies.
• Garbage Analysis - C. Wright wanted to know if the City could reduce the cost of recycling and increase the garbage cost to incent people to recycle. The $5 charged to residents is what Waste Management charges the City. When the City negotiated the recycling portion of the contract, a better price was received. The City is also eligible for a discount once the number of participants reaches a certain number and the City is near that point. Discussion about having Waste Management pick up every week instead of every other week. Staff will work on the analysis for the next meeting.
• Culinary Water Rate - When this rate was originally instituted, it was to motivate people to switch to Pressurized Irrigation. Almost everyone is on Pressurized Irrigation and now the revenue in this fund is down significantly. C. Perry feels that it is unfair to penalize large families who may be conserving, but have higher usage. Discussion about water shares and reasonable use.
MOTION: C. Richardson - To table this item until the next meeting. Seconded by C. Perry.
• C. Perry wants to see a flat rate per gallon that makes sense for the City and an adjustment to the fees if a resident is not on Pressurized Irrigation.
• C. Richardson thinks the tiered schedule should reflect the actual costs.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
17. Review/Action on Resolution Adopting the Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) Including Compensation for Elected and Appointed Officials (9:11 p.m.)
Staff Report:
See handouts. At this point, the budget cannot be adopted.
Council Discussion:
• C. Maxwell reviewed the discussion from the work session.
• C. Perry did not feel that the increase of salaries to the Mayor and Council was the best use of that money. He does not feel that any of the Council members or Mayor run for the money.
• C. Wright stated that increasing the salary may increase the focus of the individuals and allow them to be able to not bear a burden for serving.
• C. Maxwell feels that the increase needs to be put in place. There has not been an increase for a very long time.
• C. Perry said that people should not have to pull money out of their pocket to serve, but they also don’t serve because of the money.
• C. Wright would like to triple the salary and put the increase in escrow. Then when the golf course debt is paid off, that money can be dispersed to the City Council. He feels the City Council needs more incentive to remove the $30,000 that is wasted each month on the golf course. “We have raped the property tax payers of this City over this golf course and done nothing in return. We pay a bunch of welfare for a bunch of fat, old, white men to play golf all day. I would rather pay for an unwed mother to have her tenth child out of wedlock than spend it on that golf course.” C. Wright supports C. Maxwell’s salary proposal of $300 per month for City Council and $750 per month for Mayor.
• C. Bowman stated that no amount of money can compensate for the time away from work and family. She’s not going to stop doing what she is doing because there isn’t an increase. Someone may not be motivated by pay to run, but paying extra could prolong people’s longevity on the Council. She also supports C. Maxwell’s position, but the value for her is being able to vote on issues that she cares about, the money can’t compensate for the value of voting.
• C. Perry suggested an increase of $100 per position. He stated that the Council has to do the best it can with taxpayer money and he doesn’t feel that giving it to the Mayor and Council is the best use of the money. He does not feel that the money is a consideration.
• C. Richardson stated that he is uncomfortable to talk about what he is going to pay himself. Many other Councils don’t have this discussion because they don’t want to be seen as enriching their own activities. It would be easy to be able to say, leave it the same, but he thinks it is time to be more fair than how it has been in the past. In terms of the Planning Commission, there may have been some who left or considered not doing it because of the lack of any salary. He’s not sure of the right amount, but $200 for City Council is under nearly every other City. He thinks if the City makes a marginal effort to get closer to what is fair, that is a good thing.
MOTION: C. Maxwell - Due to the fact that Cedar Hills City Council and Mayor are currently being paid substantially below the average for the County, I move to increase the City Council to $300 per month and the Mayor to $750 per month, starting with the July 1, 2008 budget. Seconded by C. Wright. Vote taken by Roll Call
Additional Council Discussion:
• C. Perry disagrees with the proposed amount, but this is not a personal statement against any member.
• This figure will be incorporated into the budget.
Aye - C. Bowman
Aye - C. Maxwell
Aye - C. Wright
Nay - C. Perry
Nay - C. Richardson Motion passes.
MOTION: C. Richardson - To include the Planning Commission salary for $50 per meeting attended. Seconded by C. Maxwell.
• C. Perry is pleased to see compensation for the Planning Commission members and it is long overdue. He appreciates the service of all elected and appointed officials, including those who do not get paid.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
Budget Discussion Items:
• Skid Steer Lease vs. Purchase - The Council wanted this to be taken out until there is further analysis.
• Snow Removal Costs and Level of Service - C. Richardson stated that last year the staff analyzed the arrangements and contracts for this service. Public Works was having to go to Pleasant Grove to get salt; there was an assumption that the City could take the money used for the contract with Bratt to purchase another bobtail equipped with a plow. There was not a savings realized, and the City is now $7,000 over the anticipated budget. Discussion about why the savings weren’t realized. Konrad Hildebrandt indicated that the City has dramatically increased the level of service by doing every street and every cul-de-sac. In the past there were some cul-de-sacs that would never get plowed and not only in cleaning streets but in how fast they are completed. He was not sure why the cost went up other than how many storms were received in the past. One reason may be that streets were not being done and now are. In the budget process, the City set a policy and by increasing the level of service even higher the budget went over. C. Maxwell stated that the City wants to provide a level of service that all streets and cul-de-sacs are plowed.
C. Maxwell excused - 9:45 p.m.
• The staff took their direction that every street get plowed in a more timely way. The City needs to set the policy. It may be unfair to say that the City “blew the policy” when it may not have had all of the historical data.
• The City Council would like to see monthly financials and running totals in the Monthly Management Report.
• There needs to be input from the City Council when at the end of the year, any surplus has gone into Capital Improvements. The Council may need to go back to things that were cut in the budget and revisit those items.
• Next agenda needs to include an Ordinance about salaries.
• C. Wright also requested that recycling be included in the next budget discussion.
• Review of Community Services budget.
C. Maxwell returns - 10:14 p.m.
• Community Services: Remove Disney bus as well as Community Center/City Hall feasibility study. The Council feels that there are too many other issues to work on right now. The City has a fund for a recreation center and Konrad Hildebrandt said that the decision on the nine acres will need to be made within this next year. The Council wanted this pulled out until the timing is more pertinent. Discussion of holiday decor and the 30-year anniversary.
• C. Perry - Review of various accounts: skid steer and Disney bus removed, salaries, and snow removal. He wants to spend money on educating residents on water usage.
• C. Maxwell - If there is money, there is a real need for speed tables. There is only $30,000 in the budget for next year. He would like to see an overall review of street lights and speed tables; he would like to double the speed table currently budgeted (Typical cost: $8,000 -9,000 unlandscaped; $16,000-18,000 landscaped). He would like to see the staff prepare a traffic calming study.
• C. Richardson - Reviewed computer expenses/replacement, office repairs and maintenance and wanted to know why benefits were up $7,000.
C. Wright excused - 10:40 p.m.
• Review of the following items: Street light money, Public Works Building expense $154,000, possibility of providing some budget for the Youth City Council to beautify the City, Capital Projects, making the 30-Year Celebration a separate line item, one-time expense.
C. Wright returns - 10:48 p.m.
• Citywide public relations is for various events with the 30-Year Celebration, Water/Sewer Revenue review, Water fees for American Fork, Pressurized Irrigation Fees changed to $48,000, 51-73-800 CUP increase
18. City Manager Report and Discussion (11:17 p.m.)
• The Police Department will be doing a traffic stop on June 15 and June 22 at the mouth of the canyon.
• Golf Course - Best May and April in the history of the course; June 2, $9,000 gross revenue with 318 paid rounds.
• The Governor decided that the Counties will run the General Election due to the school voucher initiative being on the ballot.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
19. Board and Committee Reports (11:28pm)
• C. Richardson - Carl Volden has resigned from the Planning Commission. C. Richardson is planning to work on a Traffic Safety Board and is willing to write the bylaws. He wanted to know if the Pleasant Grove Resolution will be on the next agenda. Mayor McGee will speak with Mayor Daniels.
• C. Maxwell - The Golf Course Advisory Committee met.
• Mayor McGee - A water developer met with the Mayor to discuss a monopoly that is driving the price of water shares up. Discussion of water share allocation. SR -92 discussion about access.
EXECUTIVE SESSION
20. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (11:38 p.m.)
MOTION: C. Maxwell - To go into Executive Session, pursuant to Utah State Code 52-405 for the purposes of discussing pending litigation and purchase, exchange or lease of real property. Seconded by C. Richardson.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
21. Motion to Adjourn Executive Session and Reconvene City Council Meeting (12:25 a.m.)
MOTION: C. Wright - To adjourn Executive Session and reconvene City Council Meeting. Seconded by C. Perry.
Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
ADJOURNMENT
22. This meeting was adjourned at 12:25 a.m. on a motion by C. Perry, seconded by C. Richardson and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
June 19, 2007