PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, July 17, 2007 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Portions of this meeting were held electronically via telephone to permit one or more of the Council members to participate.
Present: Mayor Mike McGee, Presiding
Council Members: Eric Richardson, Gary Maxwell, Jim Perry, Joel Wright, Charelle Bowman (7:15 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Greg Robinson, Assistant to the City Manager-Planning
Rich Knapp, Finance Director
Courtney Hammond, City Meeting Transcriber
Others: Jeff West, Justin Nadauld, Amy Choate, Darren Gilbert, Alex Soria, Dave Kirkpatrick, Michael Stuy, John Taylor, Gary Smith, Roger Sheffield, Tyler Sheffield, Julie Sessions, Ken Kirk, Diane Kirk, Chris Sheffield, Rolland Brown, Shawn Richins, Sam Hurley, Gordy Jones, Joel Harris, H.R. Brown, Trace Bevell, Ann Cox, Brent Uibel, Nanette Stevenson
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. Perry
Pledge of Allegiance
2. Public Comment (7:12 p.m.)
• David Kirkpatrick: Mr. Kirkpatrick said he is a representative of the board of directors for the Falcon Ridge HOA. He said the HOA gives its endorsement to the landscaping amendments for The Cedars Townhomes. They would like the City engineer and Council to give consideration to drainage in the new fifth phase, and how it will affect the entire development. The golf course reconfiguration will have a big effect on the neighborhood, traffic, and look of the development. He asked the Council to give it the same level of consideration that it did to Wal-Mart.
• Julie Sessions: Ms. Sessions is a member of Citizens for Families. She said she would like to see Cedar Hills’ family friendly environment maintained. She asked the Council to consider a resolution stating that the City encourages businesses to protect children by keeping inappropriate magazines covered. Similar resolutions have been passed in 33 cities across Utah. Several businesses have reported that it has helped business. C. Perry formally requested that this item be on a future agenda and C. Richardson concurred.
• Rolland Brown: Mr. Brown is a Falcon Ridge HOA board member. There are issues on Morgan Boulevard, in addition to overall landscaping, including general warranty issues. Mr. Brown said that relations with developers have improved since the last City Council meeting, and he hopes the open channels of communication continue. C. Perry said that he owns a town home in Falcon Ridge. The City Council has no role in any agreements between the HOA and any developer. The Council tries to ensure that the HOA is in agreement with any proposed amended to recorded plans. Many of the items contained in the HOA endorsement of the landscape amendment are beyond the Council’s purview. Mr. Brown said the HOA endorses the landscape amendments.
• Roger Sheffield: Mr. Sheffield is a Highland resident and has lived near the juniper grove for many decades. He asked that the grove be preserved for ethical, practical and aesthetic reasons. Highland residents felt that the grove was put under a conservation easement. He asked that the Council put past disagreements behind them so they do not impede good relations now. Mayor McGee said that past disagreements have nothing to do with the current situation.
• Sam Hurley: Mr. Hurley grew up in Cedar Hills and feels it is a special place. He has seen a lot of change to the City. He would like to see the juniper grove natural space preserved.
• Michael Stuy: Mr. Stuy is a member of the Parks and Trails committee. He said he appreciates the time the Council and Mayor have spent investigating all possible development options and asked them to consider the arguments against development in the grove.
C. Wright excused. - 7:38 p.m.
PUBLIC HEARING
3. Capital Facilities Plan for Park Development, Park Land, Recreation Facilities, and Public Safety (Continued from the June 19, 2007, City Council Meeting) (7:39 p.m.)
No comments.
4. Review/Action on Amendments to City Code 6-2-4, Maintenance of Public Improvements During Construction, Financial Guarantee. (7:40 p.m.)
No comments.
CONSENT AGENDA
5. Minutes from the June 19, 2007, Regular City Council Meeting (7:40 p.m.)
MOTION: C. Perry - Based on fact that I was at Scout camp this week and didn’t get my email, I move to table the minutes from June 19, 2007 Regular City Council Meeting. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson Motion passes.
C. Wright returns - 7:42 p.m.
SCHEDULED ITEMS
MOTION: C. Richardson - To move Item #13 after Item #6. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Amendments to City Code 6-2-4, Maintenance of Public Improvements During Construction, Financial Guarantee (7:43 p.m.)
Staff Report:
See handouts. Rich Knapp stated that at the issuance of a building permit, the Building Department collects a $1,000 bond for potential damage done by the homeowner to sidewalks when building. The bond release inspection will not take place before landscaping is complete. There is a separate bond for the landscaping. There is currently a $1 million discrepancy on the books because the bond releases were not properly tracked. This does not mean there is that much money available.
Council Discussion:
• C. Perry said that he wants the right people to pay the price of the improvements. He would like to see language added that says the City will repair sidewalks that have been damaged with the bond money if the homeowner does not do the repairs. The bond amount might need to be raised to reflect the true cost of repairing the sidewalk. He feels that a bond tied to the property adds complexity to the equation with changing ownership. He would like more data on how much money has been collected and costs of repair.
• C. Maxwell suggested that this ordinance be approved tonight to clean up the current problem with the accounting. After the books are cleaned up, the item can be revisited. He feels the money was collected for sidewalks. The ordinance should be passed and sidewalks repaired with the money.
• C. Richardson said every effort should be made to have the bonds released by providing notice.
David Bunker stated that he feels that if the City notices all those that bonded, any developer that has passed durability will demand the bond be released, whether the sidewalks passed inspection or not.
MOTION: C. Wright - To pass Ordinance 7-17-2007A, as recommended by staff and as recommended by Council. No second. Motion dies.
Further Council Discussion:
• C. Richardson wants to know how people will be notified, how the City will encumber the money, and how much money was actually collected. He would like to add a sentence that the City will send a notice.
• C. Maxwell stated that the $1 million on the books should be used for funds to fix sidewalks.
• C. Perry said language is needed that states if sidewalks are broken and after nine months, the bond is forfeited and the City will fix the sidewalk. He would like this bond separate from the landscaping bond.
MOTION: Richardson - To approve Ordinance 7-17-2007A, An ordinance Amending Title 6 of the City Code of the City of Cedar Hills, Utah, as amended, adding “the City shall send notification to the address of record 45 days before forfeiture.” Seconded by C. Bowman.
C. Perry formally requested that this item be revisited in a future meeting and C. Richardson concurred.
Vote taken by roll call. Aye - C. Bowman
Aye - C. Maxwell
Aye - C. Perry
Aye - C. Richardson
Nay - C. Wright Motion passes.
MOTION: C. Richardson - To move Item #9 before the golf course reconfiguration. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
9. Review/Action on the City’s Capital Facilities Plan for Park Development, Park Land, Recreation Facilities, and Public Safety (8:17 p.m.)
See handouts. Alex Soria of Lewis & Young continued the work session presentation on the Public Safety Impact Fee analysis. The Council would like to consider the current analysis tonight and instructed Lewis & Young to continue the analysis for further amendments at a future date.
MOTION: C. Richardson - To continue this item until after Item #13 to allow someone to come up with an appropriate ordinance. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
13. Review/Action on Golf Course Reconfiguration (8:24 p.m.)
Staff Report:
See handouts. Konrad Hildebrandt stated that the City Council and Mayor have looked at ways to reconfigure the golf course and pay off the debt. This reconfiguration plan should pay off the golf course debt.
The proposal has two parts. Part 1: Develop Hole #15, creating a 22-lot subdivision.
• The City would do all the work toward lot entitlement.
• At the south is a 2.61 acre lot for a church. It is pulled 100 feet from the town homes to provide open space. The church would provide landscaping on their side of the property. The church would require an access road at Morgan Boulevard.
• The tee box would need to be moved.
• The subdivision is proposed to be gated with no HOA.
• There would be two accesses to the subdivision from Canyon Road.
• The golf cart access would be on the far end of the subdivision.
• The City would maintain the berm with landscaping similar to what is currently there.
• If there is no interest for a church, the cul-de- sac would be extended further south with another 5-6 residential lots.
• On the north side would be a 3-acre site for a landscaped reception facility.
Council Discussion:
• C. Perry said that the elements that he previously fought for such as open space behind the town homes are present in this proposal. He is confident that the Council has looked at every option and considered every drawback. This represents the best possible compromise.
• Mayor McGee said discussion for Lot 12 (reception facility) have been $1.2 million, discussions on Lot 1 (church site) have been at $2 million, the 22 residential lots can net $200,000 each. The development costs involved include building a hole, cart path and moving tee boxes.
• C. Wright stated that the Council could go into a closed session for these deliberations but decided to let the residents know of the plans.
• C. Richardson stated that the following items need to be addressed: 1) A gating ordinance needs to be created, 2) Zoning needs to be reviewed, 3) CC&Rs need to be constructed for ownership, access, maintenance for roads, and gates, 4) A private drive should be considered, 5) Purchase agreements need to be created, 6) Drive access should be lined up, and 7) City ownership for the Morgan Boulevard access needs to be verified.
C. Bowman excused. - 8:45 p.m.
Konrad Hildbrandt stated that Part 2 of the reconfiguration plan considers the cedar grove area. The Council expressed desire to maintain the cedar grove area. This plan maintains the existing trail. Five houses can fit on the north side of Cottonwood Drive with three houses on the south side with the existing trail access. The existing retention basin will need to be moved. The proposed replacement of the golf hole would put a tee box on the putting green. Most of the cedar trees would remain. One stand would need to be removed for the fairway. Highland City has proposed a swap of a conservation easement in the cedar grove for land in the river bottoms. The proposed river bottom land is in a flood area.
C. Bowman returns via telephone - 8:55 p.m.
Further Council Discussion:
• C. Maxwell said that this plan calls for, at most, removal of less than 20 trees for the homes. He sees the development of the residential lots and the hole replacement as separate issues.
• C. Perry said that he has received worried calls about locating a pump house in this area. The City currently has only one well for drinking water. The engineers have determined that is the best place for the well. He likes the trail and encourages the City to continue conversations with the HOA to allow the trail to continue. He would like the option of the land in Highland pursued.
• David Bunker said that this is a conceptual plan. The trail and retention basin may need to change slightly. He said the lots on the south side are challenging lots because of the topography.
• C. Richardson asked that staff provide the Planning Commission with more information than a concept plan requires. He would prefer to lose a lot, make them 1/3 acre lots, line up the trail with the south side, and put in a speed table. The larger lots may encourage homeowners to keep more trees. He would like soil tests required per lot. He is not ready to accept the hole layout on the hillside and would like to pursue other options. He is hopeful that the City and the Highland HOA will continue to work together. He stated that he feels open space is valuable, but it cannot all be maintained. Many residents felt the golf course debt is not as important now that Wal-Mart is coming to the City and there will be additional tax revenue. He feels the commercial zone revenues should not be earmarked toward the golf course bond. It has been planned for a long time and the money is earmarked for other things. While the golf course is improving, rounds would have to double in order for the golf course to pay off its debt.
• Konrad Hildebrandt said that staff will look at options for hole placement. Relocating Hole #15 is the most time-sensitive issue because the new hole needs to be in place before Hole #15 is eliminated. The goals that were given to staff by the Council were to maintain as much of the cedar grove as possible and preserve the trail. Those goals were achieved. He feels a clubhouse is essential for the viability of the golf course. The Council should consider how it can be funded.
• Mayor McGee said the plan is to develop the Cottonwood Drive area first to fund the hole replacement and then continue the development on Hole #15. He is on the committee dealing with the expansion of the Highland Highway. The federal government is holding up the expansion of the road. Relocating a hole in the river bottom would require approval from the Army Corps of Engineers to reroute the river. That might be years in coming.
• C. Wright said that if a group of people considered the land priceless as open space, they could purchase the land.
MOTION: C. Maxwell - To direct staff to go to the next step on the seven lots on Cottonwood Drive, four on the northwest following the hard surface path and three on the southeast side and starting the process with the Planning Commission in an effort to pay off the golf course debt, as well as to get the process started on Hole #15, which includes 22 parcels, some of which would be through an RFQ and another for paths and streets, to get that started immediately. Seconded by C. Perry.
Further Council Discussion:
• C. Perry stated that this is the result of a lot of effort by many people, including those who aren’t currently on the Council. This isn’t the ideal solution, but it represents a compromise.
• C. Bowman stated that in a small city like Cedar Hills, everything is in everyone’s backyards. There has been resistance on every proposal. This proposal has the least impact.
• C. Wright stated that this isn’t even close to what he would do if he were making the decision. He is glad a solution has been found, and sorry it has taken so long.
• C. Maxwell stated that he feels this is the best plan for the position the City is in.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Perry - To move Item #8 before Item #7. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on Revised Landscape Plan for The Cedar Town Homes, Plat E (9:38 p.m.)
Staff Report:
See handouts. David Bunker stated that there are three areas of the landscaping plan that this amendment would modify. In general, the landscaping stays the same. There is an area that originally called for sod, but it is too steep and in this amendment it calls for native. There is a native 2:1 slope area on Morgan Boulevard that will also be native because of steep slopes. The amended plan includes a park area, but does not detail what will be in the park area.
Gordy Jones, G & J Construction, said the City committed $20,000 toward the park at a previous meeting. The plan is to have a playground with grass. The best idea is to have the park be common space deeded to the HOA.
Joel Harris, G & J Construction, said that he is willing to continue to coordinate with the HOA. Some of the issues that Rolland Brown or other HOA members brought up have been addressed. Stephanie Martinez and the HOA are okay with this plan.
Council Discussion:
• C. Perry said there should be an agenda item to discuss exactly what the City is willing to contribute to the park and C. Richardson concurred.
MOTION: C. Richardson - To approve the amended landscape plan for The Cedars, Plat E. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
C. Perry disclosed that he owns a town home in this development.
7. Review/Recommendation on Final Plat for The Cedars Town Homes, Plat E, Phase 5 (9:51 p.m.)
Staff Report:
See handouts. David Bunker stated that there are a few remaining items to be addressed: 1) Retaining walls more than 4 feet need engineering calculations, and 2) A UPDES permit and verification of water rights submission are also required. All other issues have been taken care of.
MOTION: C. Perry - To approve Ordinance 7-22-2007B, An Ordinance Authorizing the Recording of Phase V of The Cedars Town Homes, a portion of Plat E of the Cedars at Cedar Hills Planned Residential Development, subject to: 1) All retaining wall areas in the project site (including existing) over 4 feet shall be required to submit engineering calculations, 2) Final engineering including UPDES permit, and 3) Verification of water rights submission. 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.
MOTION: C. Wright - To consider Item #12. Seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Richardson
C. Wright
Nay - C. Perry Motion passes.
12. Review/Action on Ordinance on Motor Vehicle Trespass on Private and Public Lands (9:55 p.m.)
Staff Report:
See handouts. C. Wright spoke to Steve Kroes and Cliff Chandler of the Planning Commission. He feels that the second paragraph in the memo is misleading as to why the Planning Commission recommended denying the approval of the ordinance. Some members of the Planning Commission felt the ordinance was out of their jurisdiction, others felt it was unconstitutional.
Cliff Chandler said that C. Wright’s interpretation was how he interpreted that night. He felt that it appeared as a request for an ordinance. The Planning Commission doesn’t have authority to initiate the ordinance so it was denied. C. Richardson said that there were many different opinions in the Planning Commission that night, some felt that it shouldn’t be done as a zoning issue. One felt strongly against the ordinance.
Konrad Hildebrandt stated that any homeowner that backs to the trail needs to be allowed access to the trail for landscaping purposes.
Council Discussion:
• C. Wright stated that people are driving along the trail at high speeds. It is City land that the City imposes no laws on, and it is being used unsafely. He feels that City land should be used in a manner that is safe, which protects the land, and that provides the greatest benefit to the most people. He would like an ordinance stating that it is not to be used by motorized vehicles. He would also support constructing a gate.
• C. Perry said that he would consider the ordinance if it was an issue of safety and speed, rather than restricting what people can do on private property. He lives in the area and has not seen any safety issues. He said that if there were a way to prohibit monster trucks that could be enforced, he would support it.
• C. Bowman asked who would enforce this type of ordinance. She does not like passing ordinances that cannot be enforced.
• C. Richardson feels there should be some balance. He does not want to see an “anything goes” attitude, nor a complete ban on motorized vehicles. He is not in favor of limiting access to those who want to do landscaping. He is worried about the hillside and the safety issue. On the other hand, keeping vehicles on the trail preserves the hillside above. He does not want to take away the hillside for recreational use.
• C. Maxwell said the issue ends when the trail is paved. Phase II from Bayhill Drive to Canyon Heights park will start next year; Phase III would be the following year. C. Maxwell said he would like more time to consider the pros and cons. He suggested getting some posts that would prohibit cars and trucks, the middle of which is removable.
• C. Wright said he will take some time and come back with a new proposal.
MOTION: C. Wright - To table this item. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
9. Review/Action on the City’s Capital Facilities Plan for Park Development, Park Land, Recreation Facilities, and Public Safety (revisited, 10:44 p.m.)
C. Perry and C. Wright excused - 10:44 p.m.
See handouts.
MOTION: C. Richardson - To adopt Ordinance 7-17-2007C, An Ordinance Adopting a Capital Facilities Plan for Public Safety and Impact Fee Evaluation. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Richardson Motion passes.
10. Review/Action on Resolution Adopting Fees (10:45 p.m.)
Staff Report:
See handouts. The public safety fees should be rounded up to the nearest dollar.
MOTION: C. Richardson - To approve Resolution 7-17-2007A, A Resolution Adding, Amending or Deleting Certain Fees to the Official Fee Schedule of the City of Cedar Hills. Seconded by C. Maxwell. Vote taken by roll call.
Aye-C. Bowman
Aye - C. Maxwell
Aye - C. Richardson Motion passes.
11. Review/Action on Wireless Telecommunications Ordinance (10:52 p.m.)
MOTION: C. Richardson - To adopt Ordinance 7-17-2007D, An Ordinance Amending Title 10 of the City Code of the City of Cedar Hills, Utah. Seconded by C. Maxwell.
C. Perry and C. Wright return - 10:59 p.m.
See handouts.
Council Discussion:
• C. Richardson stated that the Planning Commission reviewed this and did a great job. The priority land for a cell phone tower is City land, school land and then private land.
• C. Perry stated he isn’t sure whether it is constitutional to say that a private business has to locate on City and school land first. C. Richardson said these types of towers affect the community at large, and revenue should be used for the community at large.
The following amendments should be made:
• The map is not attached in the ordinance. The map reference should be removed from the ordinance.
• The first priority on E1a, should be co-location on approved City-owned property and the other priorities should follow that.
AMEND MOTION: C. Richardson - To approve this ordinance, as amended. 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.
14. City Manager Report and Discussion (10:56 p.m.)
• There are several homes on Pond #12 where property lines don’t extend all the way to the pond. One homeowner requested buying the property or landscaping the property to the pond. David Bunker said it is not a good idea to sell the property. Landscaping to the pond can be problematic because the City has no control over what is put in and may need access. The Council felt that there should be some landscaping agreement that is revocable for any reason between the City and the homeowners that require a landscape plan be submitted to the City for approval. It should also cover trails in the City.
• An American Fork sewer line is being installed. They are offering the City an opportunity to upsize the sewer line for $58,500, which would buy the City capacity on that line. The current sewer lines are working, but there will be a problem in the future with growth. David Bunker recommends participating. It will be on the next agenda.
• The bathrooms in Heritage Park were vandalized again. They may not be operational by the Family Festival. If they are not functioning by the Festival, additional portable toilets will be brought in. David Bunker will look into security camera options. A $1,000 reward will be offered for the successful prosecution of vandalism.
• There is a pump issue on Pond #10. They are running at half capacity. The problem has not been pinpointed. C. Wright would like to move toward metering water. C. Perry would like to see an analysis that shows whether the City could allow residents to water every day. David Bunker will look into the cost for metering.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
15. Board and Committee Reports (11:33 p.m.)
• C. Wright: He has asked for a $900 salary advance that he will donate to recycling. The next 100 people to sign up for recycling will get their first two months free. He is changing jobs and will be with Kirton & McConkie starting August 1. He will have a conflict of interest with any issues that involve clients of Kirton & McConkie.
EXECUTIVE SESSION
16. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
No Executive Session held.
17. Motion to Adjourn Executive Session and Reconvene City Council Meeting
ADJOURNMENT
18. This meeting was adjourned at 11:35 p.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:
August 21, 2007