Tuesday, September 4, 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, Jim Perry, Eric Richardson,

Joel Wright

                        Konrad Hildebrandt, City Manager

                        Kim Holindrake, City Recorder

                        Greg Robinson, Assistant to the City Manager-Planning

                        David Bunker, City Engineer

                        Courtney Hammond, City Meeting Transcriber

Others: Cliff Chandler, Ken Kirk, Brent Uibel, Diane Kirk, David Kirkpatrick, Karissa Neeley, Dallin Dressman, Kristin Dressman, John Howard, Rolland Brown, Michael Arnette, Dylan Bashaw, Michelle Carnesecca, Larry Locken, John Van Dorn


1.         This City Council meeting of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order 7:16 p.m. by Mayor McGee.


Invocation given by C. Bowman


Pledge of Allegiance


2.         Public Comment (7:17 p.m.)

          Michele Carnesecca: Ms. Carnesecca thanked the City for the bike path that was painted on the north side of Harvey Boulevard across from Deerfield elementary. She asked that the bike path continue because now it stops short of the school. Mayor McGee said the path will continue to the far crosswalk and the other crosswalk will be blacked out.

          Dallin Dressman: Mr. Dressman is working on his Eagle project, which consists of planting five sycamore trees around the playground area in Sunset Park. Each tree will cost between $150-200. He asked for the City’s participation in purchasing the trees.


3.         Minutes from the August 21, 2007, Public Hearing and Regular City Council Meeting (7:20 p.m.)

MOTION: C. Bowman - To approve the consent agenda. Seconded by C. Maxwell.


Aye-C. Bowman

C. Maxwell

C. Perry

C. Richardson

                                                                                    C. Wright                                Motion passes.


4.         Review/Action on Golf Course Reconfiguration (7:22 p.m.)

Staff Report:

See handouts. Konrad Hildebrandt stated that the City Council requested that the golf course reconfiguration be on every agenda. Mayor McGee has met privately with a potential purchaser for development on Hole #15 and lots on Cottonwood Drive. Staff and Council has looked at a variety of locations for Hole #19. In the past, it was suggested a hole be on the hill west of the clubhouse. While it would be a great hole, it would require a lot of digging and a large retaining wall with an estimated cost between $1.65 million and $2 million; it would also remove most of the cedar trees in the area. The City looked at the hole proposal down in Highland City. It would take a lot of time along with other encumbrances. There was also another proposal over Pond #10, though it would reduce the yardage and bring the course under the yardage required to be considered a championship course. Consequently, the current proposal is to put a new hole on the current driving range and create a training facility with simulators and a practice facility. In the future, the City would look to develop a traditional driving range. The current driving range grossed about $24,000, but netted a little more than $10,000. It is a substantial amount of real estate not making a lot of money. The Director of Golf fully supports this reconfiguration. There would be funding to add a signature water feature hole, some new cart paths, bunker development on Hole #13, training facility, and some adjustments to Hole #9. Konrad Hildebrandt stated that he feels, while not perfect, this proposal is the best solution. The estimated costs come from Civil Science based on the qualifications given to them by Jim Madsen, Director of Golf.

Council Discussion:

          C. Bowman stated that she is concerned about how removing the driving range may impact the golf course. Konrad Hildebrandt stated that he is familiar with 3-4 golf courses that do not have a traditional driving range. He has also contacted golf pros. Bountiful Ridge has no driving range and teaches more lessons than any other course. It is a well-established course. Not having a driving range is not a perfect situation for the Cedar Hills course.

          C. Maxwell stated that it comes down to whether the City would rather spend $1 million on a driving range or a clubhouse. Most of the money in this proposal goes toward course improvements that will be spent anyway.

          C. Richardson stated that he would like to see input from the golf course architects and a feasibility study before making a decision. The Council and staff are not golf course designers and it is important to hear from professionals before authorizing spending $1 million.

          C. Perry stated that because the golf course is the City’s greatest asset, the Council cannot afford to make a bad decision. For that reason, a golf course architect should look at the new hole options and give the pros and cons for each one. An architect or professional can also give feedback on the repercussions of removing the driving range.

          C. Wright stated that even if not having a driving range decreased rounds by 5-10%, it would still be a net gain. He feels that putting a hole on the hillside will have political repercussions, and will cost more than $1.5 million. There is nothing an architect might say that would make him vote for a hole in the grove. Even with professionals giving feedback, he doubts the City will get useful information on what type of hit the golf course might take by getting rid of the driving range. He would like useful information on how to reconfigure the driving range.

          Konrad Hildebrandt stated that the original design of the golf course cost $500,000. He will find out how much it will cost to get a golf course designer to look at the proposal. He suggested talking to Dick Thorman about going from a driving range to simulators.

          Mayor McGee will ask John Bush to look at the hole and other course options.

MOTION: C. Maxwell - To direct staff to prepare the information needed to put the following items to bid: 1) Adding yardage to Hole #9, 2) Cart path connection #1 to #9, 3) Moving Hole #13 tee boxes, 4) Bunker development on Hole #13, 5) Clubhouse entrance, 6) Cart path repair, 7) Direct staff to set up a meeting to consult with John Bush or another qualified professional golf course architect on new Hole #19 with the Mayor, C. Maxwell and C. Richardson, and 8) To also find out the difference anticipated in green fees, if any, by losing a traditional golf driving range. Seconded by C. Bowman.


Aye-C. Bowman

C. Maxwell

C. Perry

C. Richardson

                                                                                    C. Wright                                Motion passes.

Further Discussion:

          C. Bowman stated that the Parks & Trail Committee asked to be included in the realignment of the trail in Cottonwood Estates. They were never consulted. David Bunker explained that the recent change to the trail was recommended by the Planning Commission. The Council said they would like to see Parks & Trails Committee’s feedback on the proposed trail.


5.         Review/Action on Landscape Agreement (8:25 p.m.)

Staff Report:

See handouts. Greg Robinson stated that this landscaping agreement was drafted because of requests the City received from residents who want to buy and/or beautify City-owned land abutting their lots. In this agreement residents would pay for all landscaping costs and release the City from any liabilities. The City would approve any landscaping improvements.

Council Discussion:

            The Council would like to see the following changes to the agreement:

          Item E “Any damages to location and other property shall be the responsibility of the resident” should be changed to “shall not be the responsibility of the City.”

          Delete second sentence from Item N.

          Clarify the following: For those pieces of property between two property owners, the first that applies gets the right to improve the property. If a new owner moves in, that resident gets first option (30 days from point of notification) to continue maintaining the property.

          Add to item F, “Resident understands that location maintains public access and belongs strictly to the City.”

          Add something that says that if the improved area will be watered, the City will evaluate and may add the acreage to their water bill.

Further Discussion:

          Mayor McGee suggested charging an annual fee. The Council disagreed.

          C. Richardson suggested adding a water-wise policy to the agreement. David Bunker reviews all landscape plans and can see if there are any problems with potential water usage.

          The City intends to approach those that have already landscaped City-owned land and ask them to sign the agreement.

MOTION: C. Perry - To approve the general format of the Cedar Hills Landscape Improvement and Maintenance Agreement. Seconded by C. Maxwell.


Aye-C. Bowman

C. Maxwell

C. Perry

C. Richardson

                                                                                    C. Wright                                Motion passes.


6.         Review/Action on Appointments to the Traffic Safety and Livability Oversight Committee (8:50 p.m.)

            See handouts.

Council Discussion:

          Mayor McGee stated that he talked to Roy Williams, Philips Edison, and he or someone he designates will serve as one of the members representing the project developers. Wal-Mart has indicated that they would likely be interested in serving on the committee. The two at-large Cedar Hills representatives are Larry Locken and John Howard. Larry Locken was chosen because he lives in the area and is a member of the community. John Howard has served on the Board of Adjustments and expressed desire to continue to serve in the community. He lives in Cedar Run, an affected area.

          C. Perry recommended C. Maxwell as the City Council representative.

MOTION: C. Bowman - To affirm Mayor McGee’s appointments to the Traffic Safety and Livability Oversight Committee with Larry Locken and John Howard as the two Cedar Hills residents, a Philips Edison designee and a Wal-Mart designee and that the City Council appoints Gary Maxwell as the City Council representative. Seconded by C. Richardson.


Aye-C. Bowman

C. Maxwell

C. Perry

C. Richardson

                                                                                    C. Wright                                Motion passes.


7.         Review/Action on Resolution and Proclamation Regarding Manila Boundary and Servicing Issues (8:58 p.m.)

            See handouts.

Council Discussion:

          C. Bowman would like the proclamation to have more bite.

          C. Wright felt the word sacred in the second to last paragraph is too inflammatory. It should be deleted from that section and also in section 2D of the resolution.

          In the resolution replace “City” with “City of Cedar Hills.”

          C. Perry asked that Paragraph 4 be deleted from the proclamation, and “since that time” be removed from Paragraph 5.

MOTION: C. Richardson - To approve the official proclamation, as amended, and approve the issuance of the official proclamation, as amended. Second by C. Bowman.

Further Discussion:

          C. Perry stated that he would like the proclamation posted on the doors of all affected people.

          Mayor McGee said that he will ask Mayor Danielson to put it on the Pleasant Grove website.


Vote taken by roll call.                       Aye     -          C. Bowman

                                                            Aye     -          C. Maxwell

                                                            Aye     -          C. Perry

                                                            Aye     -          C. Richardson 

                                                            Aye     -          C. Wright                                Motion passes.


8.         Review the Compensation for Elected and Appointed Officers (9:06 p.m.)

            See handouts.

MOTION: C. Wright - To move this item to the end. No second. Motion dies.

Council Discussion:

          C. Bowman stated that she feels it is difficult for any City Council to vote themselves a raise. But, City officials are underpaid. The amount of the compensation will not affect residents’ taxes, nor will it affect the Council’s ability (or lack thereof) to lower taxes. She did not run for the money. If it is cut back tonight, she will bring it up again before she is off the Council. She doesn’t want to make it difficult for future Councils to vote for their own raise.

          C. Maxwell stated that each Council Member puts in about 30 hours a month, equating to $10/hour/month. He would vote to keep it the same.

          C. Perry stated that he does not feel it is hard to give himself a raise as a Council Member. When it is the best use of taxpayers’ funds, he will vote for it. He does not feel it is the best use of those funds. It is on the agenda because C. Bowman and C. Wright said that they wanted to slash the budget to avoid raising taxes. No one has ever run for the money. He does not care what other cities do.

          Mayor McGee said that before the raise in compensation, Cedar Hills had the lowest paid officials. After the raise, Mapleton had the lowest. The next meeting Mapleton voted to raise their compensation. Cedar Hills once again has the lowest compensation.

MOTION: C. Wright - To keep the status quo. Seconded by C. Bowman.


Aye-C. Bowman

C. Maxwell

C. Wright

Nay-C. Perry

                                                                                    C. Richardson                         Motion passes.

C. Bowman and C. Richardson excused - 9:13 p.m.


9.         Review/Action on City Council Procedures (9:13 p.m.)

            See handouts.

Staff Report:

Kim Holindrake stated that two City Council members asked that these procedures be reviewed.

Council Discussion:

          C. Perry stated that he would like to make many changes. For example, there is language that is outdated and he doesn’t like that the State code is referenced and cited throughout.

MOTION: C. Perry - To table this time until the next meeting so that we can have more time to review and make specific changes. Seconded by C. Maxwell.


Aye-C. Maxwell

C. Perry

                                                                                    C. Wright                                Motion passes.

C. Richardson returns - 9:16 p.m.


10.       City Manager Report and Discussion (9:16 p.m.)


          Hillside Development - David Bunker said that the City has been working for some time to complete the Bonneville Shoreline Trail. The State has approved the trail. The bulk of the project is located on the prescriptive easement on the land, but it is not a written easement. The property owner does not recognize the easement. He would like the trail redesigned to run on the east side of the aqueduct. He is willing to give the City the easement if it is on the east side. He has submitted some conceptual drawings for two potential subdivision layouts.

In return for the easement land, he is asking the City for the following: 1) Count the amount of land donated for the trail toward his open space requirements, 2) Release all easements on the PRI land, 3) Allow him to use the current standard for street length and street grades, etc. in perpetuity, 4) Allow the street lengths, etc. as submitted in his conceptual drawings, 5) Recognize that sewer connection fees and water rights have already been fulfilled, 6) Transfer any unused density in Canyon Heights to his property.

The City can go back to the State to ask that the grant be transferred to Stage 3 of the Bonneville Shoreline Trail. C. Richardson requested that a review of the moratorium be placed on hillside development. David Bunker said that you can’t declare a moratorium unless the City cannot service the land. The Council can review the Hillside Zoning Ordinance requirements and any subsequent developments will need to meet those standards. C. Richardson requested that this be on the Planning Commission agenda with instructions to look at the length of the cul-de-sac, piering, geotech studies, etc. C. Richardson also requested Eric Johnson’s opinion on this issue and what the Council needs to do to make sure the ordinance change is tight.

C. Bowman returns - 9:38 p.m.


          New Well - It has been difficult to place the well in the Cottonwood Estates area between the two lots. The proposed well site is now below the houses on the north side of Cottonwood Drive. There is an existing access road. The well needs to be constructed prior to development of homes. The proposal is to give the drillers until February 1. The housing structure for the well will be bid out in December so construction can start right after drilling. The well should be operating by April/May 2008. The trail will be obliterated by the construction equipment. It is proposed that Mesquite Park be bermed for the slurry, which will evaporate and percolate and leave some silt. Providing a spot for the slurry will save $100,000, but that would delay construction for Mesquite Park until the spring. The drilling bids will come to the City Council at the next Council meeting.

          Planting on Bayhill Drive - The Canyon Road Crossing Park on Bayhill Drive is now complete. There has been some sabotage to the sprinkler system. It has been turned off twice.

          Flag Football - Flag football starts in two weeks.

          Pressurized Irrigation - The final report for Pressurized Irrigation is not finished. The priority right now is to get the pumps operational as designed.


11.       Board and Committee Reports (9:52 p.m.)

          C. Perry: The Youth City Council is planning a pumpkin walk in the park.

          C. Richardson: The Planning Commission discussed the Cottonwood Estates subdivision and approved the LDS Church on Ironwood Drive plans.

          Mayor McGee: COG discussed grants and funding at low to no interest. CDBG has undergone recent changes in Utah County. MAG has the responsibility for distributing CDBG money and Utah County gets all the money this year. The next year the other two counties split the money. The next two years after that Utah County gets the money.


12.       Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5

            No Executive Session held.


13.       Motion to Adjourn Executive Session and Reconvene City Council Meeting


14.       This meeting was adjourned 10:02 p.m. on a motion by C. Maxwell, seconded by C. Bowman and unanimously approved.


/s/ Kim E. Holindrake

Approved by Council:                                                Kim E. Holindrake, City Recorder

   September 18, 2007