PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, June 19, 2007 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Jim Perry, Gary Maxwell, Charelle Bowman, Eric Richardson
Kim Holindrake, City Recorder
Greg Robinson, Assistant to the City Manager-Planning
Rich Knapp, Finance Director
Rachel Brown, Assistant to the City Manager-Finance
Courtney Hammond, City Meeting Transcriber
Others: Clifton Chandler, John Owens, Dan Wilson, Lori Robinson, Jackie Wilkes, Gary Smith, Karen Herd, Helen Andersen, Shirlene Jensen, Stephanie Martinez, Roy Williams, Rob Ogden, Brent Uibel, Jess Moore, Joel Harris, Karissa Neeley, Kent Seamons, Craig Clement
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 7:10 p.m. by Mayor McGee.
Invocation given by C. Bowman
Pledge of Allegiance
2. Public Comment (7:11 p.m.)
• Gary Smith: Mr. Smith lives in Falcon Ridge. The planned road through Phase 5 will come within seven feet of his house. He is concerned the road will compromise the integrity of the land around his home. He would like the City to guarantee that will not happen.
• Dan Wilson: Mr. Wilson stated that he is concerned about the Development Agreement with Wal-Mart. It states that the developer will agree to market the property in the event it closes as consistent with Wal-Mart’s standard business practices. According to an article that Mr. Wilson read, the average length of vacancy for an empty Wal-Mart store is three years. Some believe that Wal-Mart actively tries to block competitors from leasing their building. Wal-Mart says it aggressively markets their vacant properties. Mr. Wilson would like the language to match Wal-Mart’s language to read “aggressively market” in the development agreement. He would also like to know if the City’s legal counsel feels the language is adequate.
• Shirlene Jensen: Ms. Jensen lives directly below Phase 5 of Falcon Ridge. She stated that she represents many neighbors who are concerned with things that have been left unfinished in previous phases of the town home development. There is a ditch behind Avondale and Colonial that is full of debris and weeds with the storm drains totally covered. Ms. Jensen contacted Brad Kearl in April because there was flooding on Avondale because of the storm drain problems. The landscaping in the town homes has not been completed. There is no street lighting on Morgan Boulevard. She requested that the City make Highland Homes responsible for fixing the problems before starting the final Phase. C. Maxwell explained that the street lights are bonded for and it is up to Rocky Mountain Power to get them installed.
• Stephanie Martinez: Ms. Martinez has been to City Council meeting twice before to address the landscaping issues in Falcon Ridge. She lives in Phase 2, and her landscaping has not been finished per the landscaping plan. She is concerned that after Phase 5 is finished, Highland Homes will not be back to complete the landscaping. The HOA has tried to get it completed, but nothing happens. She would like the City to put pressure on Highland Homes to complete the previous phases.
• Brent Uibel: Mr. Uibel thanked City Council members for doing a good job in the last meeting. He admonished the Council to do diligence in considering if they are able to run for Council again. He feels longevity has a seasoning affect for the City Council.
PUBLIC HEARING
3. Capital Facilities Plan for Park Development, Park Land, Recreation Facilities, and Public Safety (7:29 p.m.)
This item has been opened and extended until the next meeting.
4. Amendments to the Fiscal Year 2007 Budget (July 1, 2006 to June 30, 2007) (7:30 p.m.)
No comments.
5. Wireless Telecommunications Ordinance (7:31 p.m.)
No comments.
CONSENT AGENDA
6. Minutes from the May 15, 2007, Regular City Council Meeting; and the April 24, 2007, Special Joint Cedar Hills Pleasant Grove City Council Meeting; and the June 5, 2007, Public Hearing and Regular City Council Meeting (7:31 p.m.)
MOTION: C. Richardson - To approve the amended minutes from the May 15, 2007, Regular City Council Meeting, the April 24, 2007, Special Joint Cedar Hills Pleasant Grove City Council Meeting and the June 5, 2007, Public Hearing and Regular City Council Meeting. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
SCHEDULED ITEMS
7. Review/Recommendation on Final Plat for The Cedars Townhomes, Plat E, Phase 5 (7:34 p.m.)
Staff Report:
See handouts. David Bunker stated that this is the last phase in The Cedars Townhomes. There has been a reduction in the number of units in this phase. Previously there were 13 units approved; there are now 11 units. The storm drain along the western boundary of Phase 5 is incomplete. The drainage swales that are there are temporary and, as of a week ago, were open and functioning. There is a 25-foot easement at the end of the cul-de-sac that includes a storm drain and sanitary sewer. The mound of dirt will need to be removed and fill will be brought in for the road at the end of the cul-de-sac. If the footings and foundation cannot be set on native ground, the building department inspects the site to ensure it meets City standards, either through engineered fill or helical piers. The sewer lines can be jetted from the end of the cul-de-sac and at the manhole down the line after the 90-degree turn. The developer has submitted a revised landscaping plan that includes a plan for Phase 5. That needs to be submitted separately. It will be addressed at the next council meeting.
Joel Harris of G & J Construction stated that he recognizes there are landscaping issues, and they are working on them. They will be asking for an amendment to the landscaping plan because of the steep slopes and irrigation issues. Regarding the helical piers, Highland Homes has done what its geotechnical engineers have required to mitigate the possibility of settling. They are now conducting an individual soils report per footprint. He proposed a meeting between concerned homeowners, staff, and Highland Homes to come up with an acceptable landscaping proposal.
Council Discussion:
• C. Perry stated that many residents have complained that the landscaping has not been done according to the landscaping plan. He is not concerned about holding up this approval based on landscaping because the City still holds the performance bond.
• C. Bowman stated that because of the ongoing landscaping issues she feels that things should not progress.
MOTION: C. Bowman - To table this item. Seconded by C. Richardson.
Further Council Discussion:
• C. Maxwell stated that he would like the Council to give the developer a clear path of what needs to be accomplished before approval can be given.
• C. Bowman stated that she would like to see all the issues in the previous phases addressed before approving this final phase.
• C. Perry said that he is concerned that the alligatoring that happened on Morgan Boulevard may happen on Sage Vista Court. David Bunker said that alligatoring is a failure of the sub grade. The sub grade required is indicated by a geotechnical engineer.
• Greg Robinson addressed Mr. Smith’s issue with the layout of the road. The way the road was laid out would cut across existing landscaping and a fence. The developer redesigned the road to give an extra seven feet from the building envelope.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
8. Review/Approve Development Agreement – Wal-Mart (8:15 p.m.)
Staff Report:
See handouts. Greg Robinson stated that City staff, Mayor McGee, and two council members recently sat down with Wal-Mart and Phillips Edison to resolve any remaining issues in the development agreement. All necessary changes have been made.
John Owens, Wal-Mart representative, stated that Wal-Mart understands this market and is making a tremendous investment in the Cedar Hills store. There is no intention of relocating. There has been a trend for Wal-Mart to expand and/or relocate the stores that do not have a full grocery to those that do. This store incorporates a full grocery. In its history, Wal-Mart has not closed a SuperCenter. Wal-Mart wants to build this store and sees no reason why it would be relocated at any time. The vacant American Fork building was sold before vacating the store. Wal-Mart does not own that building. Wal-Mart has not proposed any restriction on selling a vacated property to a competitor.
Council Discussion:
• C. Maxwell said his biggest concern is about delivery noise and hours. Neighbors have been concerned that at other stores there are deliveries made in the mornings that do not need to be delivered. John Owens said to address concerns the early morning delivery trucks will pass along the south side of the building and access the backside of the building. Item 11 should say that the “Developer shall require the operators” rather than encourage. C. Maxwell was also concerned that the Development Agreement contains no maximum sound level. John Owens said that Wal-Mart can comply with the noise levels in the agreement. Any other noise concerns are addressed by the nuisance ordinance.
• C. Richardson said that Page 3, Exhibit 10 should read “Fehr and Peers 2/15/2007 TIS and amendments.” He would like to see a sentence added to 9.3 that states that the developer shall take reasonable commercial efforts to make sure carts don’t leave the site.”
• Mayor McGee expressed appreciation that Wal-Mart has gone above and beyond its duty. They were required to pay for 1/3 of the required speed tables. Wal-Mart agreed to pay the entire cost for the speed table on Redwood Drive.
• C. Bowman stated that she does not want to see outside sales lining the front of the building. She asked who would pay for the traffic study mentioned in 10.2.2. The Council and City staff agreed the City would pay for the study.
• John Owens explained why he feels it is unnecessary to add the word “aggressively” to the portion of the Development Agreement that addresses dark buildings. C. Perry requested that those comments be entered verbatim into the minutes: “I don’t know your definition of the word “aggressive.” I know what my definition is, and we may differ. But I know one thing. We know how we operate our business. Wal-Mart knows how they operate their business. You can cite what they do on a normal, everyday basis. You can make sure that they are disposing of a property. The suggestion—you put it at $2 billion dollars—are we going around in other markets and disposing of our properties by overpricing them by ten times? Probably not. If we are doing that here, we are not trying to dispose of our property under customary business practices. My point is, you have those protections under customary business practices. And we are the ones who are bearing the economic responsibility for that property, as well as the City. And I believe the incorporation of customary business practices is a reasonable approach to arrive at a defined statement of the way we conduct our business.”
MOTION: C. Richardson - To approve the Wal-Mart Development Agreement, instruct staff to compile the exhibits and authorize the Mayor to sign the agreement, subject to legal review. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
9. Review/Approve Development Agreement - Phillips Edison (9:01 p.m.)
Staff Report:
See handouts. Greg Robinson stated that the language in this development is very similar to the Wal-Mart agreement, except for situations that apply to different uses.
Roy Williams, Phillips Edison, said that they are very prohibitive with regard to overnight parking. Parking is limited. They will post signs with a code referenced on the bottom and tow vehicles that are in violation.
Council Discussion:
• C. Maxwell is very happy to see the attention to detail that Phillips Edison has added to the building. He is proud of the look of the buildings.
• C. Perry noted that a blank space has been left for the water rights in the development agreement. Greg Robinson said that it was left blank so that it can be as current as possible. It will be filled in before it is signed.
• Daytime hours in 2.7 should be changed to match the Wal-Mart agreement.
MOTION: C. Richardson - To approve the Phillips Edison Development Agreement, as amended, instruct staff to complete exhibits and authorize the Mayor to sign the agreement, subject to legal review. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
10. 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 (9:16 p.m.)
Staff Report:
See handouts. Greg Robinson stated that this item was tabled in the last meeting because the Council had some questions for the developer about shared parking. Wal-Mart representatives could not agree to the shared parking language on the plat. Wal-Mart wants to protect their parking ratio. David Bunker said that the first part of the language should remain because it refers to access, not parking. The shared parking provisions should be removed from the plat.
MOTION: C. Perry - To approve the removal of the language from the Cedar Hills Retail Subdivision Final Plat approval starting with the word “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. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
Nay - C. Richardson Motion passes.
11. Review/Action on Resolution Adopting Amendments to the Fiscal Year 2007 Budget (July 1, 2006 to June 30, 2007) (9:24 p.m.)
Staff Report:
See handouts. Rich Knapp stated that the amendments are outlined in the memo.
Council Discussion:
• C. Perry said he would like to see more details on the budget amendments, specifically in the recreation department.
• C. Richardson asked that these amendments be made in a more timely manner, especially when the amendments reflect a policy change.
• The Council does not want to spend the speed table budget of $20,000 this year, and instead add it to next year’s budget.
MOTION: C. Perry - To approve Resolution No. 6-19-2007A, A Resolution Adopting the Amended 2006-2007 Fiscal Year Budget for The City of Cedar Hills, Utah. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson Motion passes.
12. Review/Action on Resolution Adopting the 2007-2008 Property Tax Levy (9:45 p.m.)
See handouts.
MOTION: C. Richardson - To approve Resolution 6-19-2007B, A Resolution Setting the Total Property Tax Levy Assessed upon Real and Personal Property at .00169 for General Governmental Purposes and .00968 for the Golf Course Bond. No second. Motion fails.
MOTION: C. Richardson - To approve Resolution 6-19-2007B, A Resolution Setting the Total Property Tax Levy Assessed upon Real and Personal Property at .00169 for General Governmental Purposes, .000929 for the G.O. Bond for a Total of .002619, and setting a Truth in Taxation Hearing. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Maxwell
Aye - C. Perry
Aye - C. Richardson
Nay - C. Bowman Motion passes.
13. Review/Action on Resolution Adopting Fees (All Fees and Utility Rate Schedules) (9:50 p.m.)
Staff Report:
See handouts. Rachel Brown stated that the utility rate structure was changed to allow for greater usage in the first tier. A rate schedule was added for those who choose not to connect to Pressurized Irrigation.
Council Discussion:
• The Council would like to see the fee for a second garbage tote increased to $7.00.
MOTION: C. Richardson - To approve Resolution 6-19-2007C, A Resolution Adding, Amending, or Deleting Certain Fees to the Official Fee Schedule, as amended specifically that the second toter be increased to $7.00 as opposed to $6.35 U.S. dollars. Seconded by C. Bowman. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson Motion passes.
14. Review/Action on Ordinance Amending the Compensation for Elected and Appointed Officers (10:00 p.m.)
Staff Report:
See handouts. Kim Holindrake stated that there is an error on the memo. The Mayor’s salary should be $750.
MOTION: C. Maxwell - To adopt Ordinance No. 6-19-2007A, An Ordinance Amending the Compensation for Elected and Appointed Officials for the Fiscal Year 2007-2008 with the correction of the Mayor’s salary at $750 a month, City Council at $300 a month and Planning Commission at $50 per meeting attended. Seconded by C. Bowman. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Richardson
Nay - C. Perry Motion passes.
Council Discussion:
• C. Perry stated that he supports compensation for the Planning Commission, but feels the other proposed increases are more than what is needed.
15. Review/Action on Resolution Adopting the Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (10:02 p.m.)
See handouts. Rich Knapp stated that the entire budget has been discussed. After tonight’s discussion, $20,000 will be added for speed tables. The skidsteer is not in this budget. If someone would like to see it added, it can be analyzed, and the budget can be amended. The golf computer budget should be reduced to $500. Petroleum expenditures should be increased to $18,500.
MOTION: C. Richardson - To approve Resolution 6-19-2007D, A Resolution Adopting the 2007-2008 Fiscal Year Budget for the City of Cedar Hills, Utah. Seconded by C. Bowman. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson Motion passes.
Council Discussion:
• C. Perry stated that he still opposes the salary increases in the budget, but approves of the rest of the budget.
16. Review/Action on Ordinance Creating of and Appointments to a Traffic Safety Committee (10:30 p.m.)
Staff Report:
See handouts. The following changes should be made to the ordinance:
• In number 3, “at large Cedar Hills community members” should be changed to “at large Cedar Hills residents.”
• The City Manager should break a tie vote and otherwise be a non-voting committee member.
• Number 11, recommendations shall be presented to the Council when necessary (but not with any specific frequency).
• Remove Chief Building Official, City Recorder and Fire Chief from the committee members.
• The Committee will be made up of two developers, two residents, one Planning Commission member, one City Council member, the City Engineer, the City Planner and the City Manager.
MOTION: C. Richardson - To approve Ordinance 6-19-2007B, An Ordinance Creating a Traffic Safety and Liability Oversight Committee to be known as the Traffic Safety and Livability Oversight Committee or (TSLO) of the City of Cedar Hills, Utah and creating the Charter and Bylaws of said Council. Seconded by C. Perry. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson Motion passes.
17. City Manager Report and Discussion
No report.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
18. Board and Committee Reports (10:46 p.m.)
• C. Perry: Reported that there is graffiti on the City trail between Sunset Park and Heritage Park. There is also a lawnmower in the creek.
• C. Maxwell: Presented a concept for Hole 15 with 20 lots with an additional 1-½ acre for a garden/reception center, five lots on the northwest of Cottonwood and three lots on the south side of Cottonwood. The estimated revenue would be $8.4 million. The golf course reconfiguration will be on the next agenda.
EXECUTIVE SESSION
19. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
No Executive Session held.
20. Motion to Adjourn Executive Session and Reconvene City Council Meeting
ADJOURNMENT
21. This meeting was adjourned at 11:00 p.m. on a motion by C. Maxwell, seconded by C. Bowman and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
August 21, 2007