PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, October 16, 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, Eric Richardson, Joel Wright (7:25 p.m.), Charelle Bowman (7:38 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Rachel Brown, Finance Director
Courtney Hammond, City Meeting Transcriber
Eric Johnson, City Attorney (8:35 p.m.)
Others: Diane Kirk, Ken Kirk, Karissa Neely, Brent Uibel, Jeff Maag, Zonda Perry, H.R. Brown, Spencer Creer, Jacob Eagar, Meagan Heath, Tyrell Maag
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. Richardson
Pledge of Allegiance
2. Public Comment (7:16 p.m.)
• Brent Uibel: Mr. Uibel said that he is concerned that Cedar Hills will have 10 - 12 parks that get little use. He spent time in the parks over UEA weekend and feels they are not widely used by city residents. He would like the Council to consider the cost of park construction and maintenance versus the amount the parks are used. Mr. Uibel said he is also concerned that executive sessions are still being called after years and hundreds of hours discussing the golf course reconfiguration. He said he hopes the time spent discussing the golf course is productive. C. Maxwell said that there is a limited amount of land in the City to develop. The goal is to have a park within walking distance to every neighborhood. C. Perry added that he lives next to Timp Cove Park, and it is always busy all the time. He wants to ensure that children can walk safely to parks. He also said that an executive session discussing the golf course should not be interpreted as a lack of planning, but rather as progress. There are only certain things that can be discussed in executive session, including financial aspects of the sale of land.
PUBLIC HEARINGS
3. Proposed E. Johnson Annexation (7:24 p.m.)
No comments.
4. Proposed Amendments to the 2007-2008 Fiscal Year Budget (7:24 p.m.)
No comments.
CONSENT AGENDA
5. Minutes for the October 2, 2007 Regular City Council Meeting (7:25 p.m.)
MOTION: C. Richardson - To table this item until the next meeting. Seconded by C. Perry.
Aye-C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
6. Review/Action on Golf Course Reconfiguration (7:26 p.m.)
See handouts. Konrad Hildebrandt stated that Forsgren—a golf course architect firm—is now under contract with Civil Science. The Civil Science bid is $3,000 less than the Pascuzzo and Pate bid. Civil Science’s bid also includes staking, survey, grading, drainage, irrigation and reimbursable items. Pascuzzo and Pate’s bid did not include those items, which would add approximately $15,000 to their bid. Additionally Civil Science is local, and the project could move more quickly.
Council Discussion:
• C. Perry said that since the City is paying $1,000 per day on interest in the golf course bond, waiting four weeks for additional bids does not make fiscal sense. He would like to move forward.
• C. Maxwell said that the Pascuzzo name on one more hole is not worth the cost. Forsgren is well respected.
MOTION: C. Perry - To move forward with all due haste toward golf course reconfiguration, pursuing the option of using City staff with Civil Science and the cooperation of Forsgren. Seconded by C. Wright.
Aye-C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Perry - To move item 7 after item 11. Seconded by C. Richardson.
Aye-C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on Services Provided by Waste Management (7:32 p.m.)
See handouts. This item was discussed in detail during the work session.
Council Discussion:
• C. Wright would like to propose dropping the price on recycling by 50 cents a month without changing the contract with Waste Management. He will chip in his salary for the next the two months for any program that staff feels will get more people to recycle.
• C. Perry feels that the job of the Council is to get the best services at the best price and pass the cost to the residents. If recycling costs 50 cents less than what the City is charging, the City should charge 50 cents less. He opposes dropping costs for one service and making up the cost by charging more elsewhere. He stated that Waste Management charges about the same for a recycling can as a garbage can, yet they pick up the recycling can half as often. He would like to see data on who recycles, and the number of regular cans they have.
• C. Richardson noted that changing the fee schedule is not on the agenda and no action can be taken. The City is not charging any money for overhead on the recycling program. If the City is content to not charge overhead for recycling and those residents who recycle get all the benefit of reduced tipping fees, recycling should be 35 cents less.
• Mayor McGee said Waste Management offered to drop the cost of recycling to $4.75 in earlier conversations. If recycling is mandatory, they would drop the cost significantly. The City has 14 months left on the contract.
• C. Maxwell stated that those that have two toters may not understand the recycling program. The City should consider making recycling mandatory for those that have two toters. The City charges $10.25 for the first garbage can, $7.00 for the second can, and $5.00 for recycling. He proposed bundling the second can with a recycling can. The City would then offer three options: one garbage can, one garbage can and one recycling can, two garbage cans and one recycling can. That would push the number of subscribers up to the next threshold.
• C. Bowman asked if there have been problems with contamination in recycling. Tom Hutchison said that the contamination is 15-20%. C. Bowman would like to look into other providers before considering changing and extending the contract.
• C. Wright and C. Richardson requested an agenda item to review/act on a 35 cent reduction in recycling and a corresponding fee change.
9. Review/Action on Recycling Plan Subsidy (7:56 p.m.)
See handouts.
MOTION: C. Richardson - To table this item. Seconded by C. Maxwell.
Council Discussion:
• C. Wright stated that by the time this item is considered, there will only be one month’s salary left in his offer to donate to a recycling program.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
10. Review/Action on Amendments to the 2008 Fiscal Year Budget (7:58 p.m.)
See handouts. Rachel Brown stated that $53,652.83 has already been spent on the golf course reconfiguration to date. It is proposed that a new account for golf course reconfiguration in the amount of $856,239.83 be created. The revenue is expected late in the fiscal year at best. The cash flow could come from the PTIF and property taxes. Konrad Hildebrandt stated that the money would likely come from the PTIF for the recreation facility because it is the largest with the longest time line.
Council Discussion:
• C. Perry would like to see a cash flow analysis that shows how the capital project plan and other funds are affected by taking from the PTIF fund and property taxes. He pointed out that there are many unknowns in the project’s cash flow, such as how soon the lots will sell. He would also like a legal opinion on borrowing from the PTIF recreation funds. He feels that though there is risk involved in borrowing from the PTIF, getting out of the golf course bond justifies this business risk.
• Mayor McGee said that the interest lost on the PTIF funds is less than the interest paid on the golf course loan.
• C. Maxwell stated that he feels development of the lots on Cottonwood Hills Estates should begin. Land can be sold and a time line created to begin creating revenue.
• C. Bowman said she would rather wait to see the actual bids before authorizing the transfer of funds from the PTIF and the spending of $800,000.
• C. Richardson would like any loan taken from PTIF to be noted on the books. While the $45,000 for the design of the new hole has been approved, the larger portion of the money to be spent on the golf course reconfiguration can be approved and the budget amended at a later point.
MOTION: C. Richardson - To continue this item until the next meeting. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Perry - To move item 7 in front of item 11. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on an Ordinance Adopting the E. Johnson Annexation Located at Approximately 9992 North 4000 West (8:25 p.m.)
See handouts. Kim Holindrake stated that the boundary discussion with Pleasant Grove has been going on for many years. At one point there was going to be a comprehensive boundary adjustment, but Pleasant Grove did not approve it. Boundary adjustment requests currently come in lot by lot. This annexation parcel is adjacent to the City baseball park just south of this building. This annexation is for the parcel and the street frontage along 4000 West. Mayor McGee stated that this property belongs to the City’s attorney. Pleasant Grove cannot service the land. The property owner, Eric Johnson, said that Pleasant Grove granted the disconnection tonight including the street, but did not discuss the deeding of the street at the request of their attorney.
Council Discussion:
• C. Maxwell stated that it is a logical annexation and does not negatively affect anyone else.
• C. Richardson stated that the designated zoning would be R-1-20,000. It is not contiguous with any other R-1-20,000 zone, though the intent of the surrounding area is R-1-20,000. Kim Holindrake clarified that the property to the west is in the R-1-20,000.
MOTION: C. Perry - To approve Ordinance 10-16-2007A, an ordinance annexing certain properties to the City of Cedar Hills, Utah, (E. Johnson Annexation) and establishing the zone classification for said property. Seconded by C. Maxwell.
Further Discussion:
• C. Richardson said that he is concerned that this property will not have subdivision improvements if it is not subdivided.
• Eric Johnson said that curb, gutter, and sidewalk requirements would force him to subdivide because of the expense of the improvements. His intent is to keep the land and not subdivide.
• C. Bowman said that she was unsure that a subdivision versus a single home should make a difference in curb, gutter, and sidewalk standards.
• C. Perry said that Mr. Johnson is requesting to boundary adjust a lot, rather than an existing home. When a home is built on an existing lot in the City, curb, gutter, and sidewalk are not required. To require a single lot to add a storm drain system and pump up the street doesn’t make sense.
• David Bunker said that if the sweeping boundary adjustment had passed, this lot and others like it would have been grand fathered into the City. If the City requires parcels to make improvements, people will start the building permit process in Pleasant Grove and boundary adjust later. The subdivision process should be the trigger to start improvements.
• C. Richardson made a finding that curb, gutter, and sidewalk should not be required on any other single, small lot annexation.
Vote taken by roll call. Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on an Ordinance Creating the Cedar Hills Community Development and Renewal Agency (8:51 p.m.)
See handouts. Konrad Hildebrandt stated that legal counsel suggested that the golf course reconfiguration is best handled through the creation of a development and renewal agency. This ordinance creates the agency. These types of agencies reflect an evolution of the redevelopment agencies, which is why the ordinance includes things like affordable housing and recreation. These are included opportunities and not requirements.
Eric Johnson stated that the agency has greater powers than the City itself. After the agency is created, it needs to create a plan. It can act within about 60 days. Most of the purposes of a development agency will not be used in Cedar Hills. However, the powers of the development agency will be useful in the golf course reconfiguration. He will check into the requirement that the agency have a budget of its own. Cedar Hills is not planning on funding the development through taxes. Unlike building authorities, there are no bylaws to the community development and renewal agency. It follows the rules of the statute. Kim Holindrake asked for clarification on whether the mayor is a voting member. Eric Johnson will check.
MOTION: C. Maxwell - To approve Ordinance 10-16-2007B, an ordinance of the City Council of the City of Cedar Hills creating the Cedar Hills Community Development and Renewal Agency. Seconded by C. Perry.
Further Discussion:
• Kim Holindrake stated that on a six-member board, four have to be present to take action and a majority vote of those present is needed.
Vote taken by roll call. Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
12. Review/Action to Award the Contract for the Cottonwood Well Site Improvements (9:04 p.m.)
See handouts. David Bunker stated that as part of the site improvements for the well site, a retention pond needs to be relocated with new piping, and a temporary gravel trail needs to be realigned. The well pad will be done by the end of the week, and the improvements will start next week. VanCon was the low bid.
Council Discussion:
• C. Richardson stated that the temporary trail is nice, but may not be necessary. David Bunker said that the cost of the trail would be about $4,000.
• The Council felt that given the number of residents who use the trail and that the well project will not be finished until April, the temporary trail should be created.
MOTION: C. Richardson - To approve a contract with VanCon, Inc. to complete the proposed Cottonwood Well site improvement project for the approximate amount of $42,616.00. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
13. City Manager Report and Discussion (9:14 p.m.)
• Rachel Brown was hired to replace Rich Knapp as Finance Director. Her previous position of Assistant to the City Manager-Finance is now vacant.
• There have been many applicants for the position of Community Services Director. Konrad Hildebrandt interviewed applicants last week. Some came highly recommended who didn’t have basic professional skills. Charelle Bowman suggested hiring two part-time employees. Konrad Hildebrandt recommended a full-time employee. There is a difference between a part-time employee and a full-time director. The full-time director will take charge and responsibility. David Bunker said that he noticed a big difference in coordination between the public works department and a full-time versus a part-time Community Services Director. It is easier to coordinate with a full-time employee.
MAYOR AND COUNCIL REPORTS
14. Board and Committee Reports (9:25 p.m.)
• C. Bowman: The Parks and Trails Committee discussed a new speed table on Cottonwood Drive. They recommend it be placed before the bend.
C. Bowman excused. (9:27 p.m.)
• C. Wright: Requested the November 13 meeting be moved to November 20. The Council was in consensus for the change. C. Wright said that in a past meeting the Council reached a consensus on restricting cars on the hillside trail. He requested an ordinance be on a future agenda. Mayor McGee agreed.
• Mayor McGee: Cedar Hills, Highland, and American Fork are on board for the debris basin and have met with the County Commission. A price negotiation is under way. Mayor McGee argued that the land should be given to the cities because the county bought the land with a grant. The cities will get it for around $100,000-$150,000. It would be jointly owned by the three cities and managed by Highland. Mayor McGee attended another meeting on the SR-92 expansion. There was a lot of bickering between the cities and UDOT. UDOT has reduced the lights from 17 to 14. Two of those will be at separate grade. Construction is set to begin in 2009 and completed in 2012
C. Bowman returned via telephone. (9:33 p.m.)
• C. Richardson: Asked that Mayor McGee continue talking to legislators about possible sponsorship for land for the recreation center.
• C. Perry: The Youth City Council is working on a pumpkin walk for Halloween.
EXECUTIVE SESSION
15. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:48 p.m.)
MOTION: C. Maxwell - To go into Executive Session, Pursuant to Utah State Code 52-4-5, to discuss the purchase or sale of property. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
*** EXECUTIVE SESSION ***
16. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:24 p.m.)
MOTION: C. Wright - To Adjourn Executive Session and Reconvene City Council Meeting noting that the Council also discussed pending and reasonable imminent litigation in the Executive Session. Seconded by C. Richardson.
ADJOURNMENT
17. Adjourn
This meeting was adjourned at 10:24 p.m. on a motion by C. Maxwell, seconded by C. Richardson and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
November 20, 2007