CITY COUNCIL MEETING
Tuesday, November 20, 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, Charelle Bowman, Joel Wright
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Rachel Brown, Finance Director
Greg Robinson, Assistant to the City Manager-Planning
Gretchen Gordon, Deputy City Recorder
Courtney Hammond, City Meeting Transcriber
Others: Greg Walkenhorst, Ken Kirk, Diane Kirk, Jim Madsen, Caleb Warnock, Tom Hutchison, Scott Jackman, Cliff Chandler, Matt Josse, Steven Tubbs, Parker Gordon, Spencer Reinstein, Matt Hansen, Daxten Lamb, Ken Hansen, Brent Uibel
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 7:13 p.m. by Mayor McGee.
Invocation given by C. Perry
Pledge of Allegiance
2. Public Comment (7:14 p.m.)
No comments.
CONSENT AGENDA
3. Minutes from the October 2, 2007, Regular City Council Meeting and the October 16, 2007, Public Hearing and Regular City Council Meeting (7:14 p.m.)
MOTION: C. Maxwell - To approve the consent agenda which includes the minutes from the October 2, 2007, Regular City Council Meeting and the October 16, 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
4. Review/Action on Golf Course Reconfiguration (7:16 p.m.)
See handouts. Konrad Hildebrandt stated that he met with the city-contracted engineer and Forsgren, golf course architects. He has also met with Lone Peak Links, the original developer. There are some potential issues that would need a closed door session to discuss property acquisition and sale. The City is moving forward with a reconfiguration time line that fits within the golf off-season.
MOTION: C. Maxwell - To postpone item 4 until after item 10. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
5. Review/Action on Services Provided by Waste Management - Garbage, Recycling and Green Waste (7:18 p.m.)
See handouts. Waste Management representative Tom Hutchison discussed the recycling and green waste programs offered to Cedar Hills. Pricing for the services has not changed since the last presentation, with the exception that a second can of any sort is offered at $2.11. He would be interested in setting up a booth at the Family Festival to promote recycling. In response to a question by C. Perry, Tom Hutchison described what happens to recyclables. Recycling materials go to the North Point Solid Waste Special Service District and then to a Waste Management material sorting facility where it is sorted and then shipped to vendors. Rachel Brown stated that the budget is balanced right now. Any change to garbage or recycling fees, will change revenues and the budget will need to be rebalanced. Konrad Hildebrandt said that when the City started the recycling program there were around 600 second cans. City Council and staff thought second cans would go down significantly by adding recycling. It didn’t. There are now 617 second cans in the City.
Council Discussion:
• C. Maxwell stated he would like to consider a proposal that would require households with two garbage cans to have a recycling can.
• C. Bowman said that she doesn’t like the feeling of mandating recycling on any level. She would rather raise the price of the second tote to $10.25. It may entice two-can households to get a recycling can in lieu of the second garbage tote.
• C. Richardson stated that based on his calculations the fee for the first garbage can could be $10.60; the second can plus recycling, $10.60; and recycling, $4.60.
• C. Perry stated that he feels that with government less is more. The Council’s job is to get bids and get the best deal for the residents. In this instance the Council is considering manipulating prices to induce a certain behavior. He feels fees should be a pass through. He is uncomfortable with charging anything different from what the market demands.
• C. Richardson said that he feels that the principles that C. Perry espouses are not being violated. His biggest question is if it makes sense to require two-toter households to recycle
• C. Wright said that the tipping fee is higher on the first garbage can because it is fuller. The economics can support increasing the first can by 35 cents. Requiring a two-toter household to recycle will likely bring the recycling rate to 50% by the time the contract is up and put the City in a better position for negotiation. He asked for a tour of the West Jordan recycling facility. Tom Hutchison invited the entire Council for a tour. C. Wright stated that he feels the Council should wait for the end of the contract in two years, rather than extending the contract at this point.
MOTION: C. Bowman - To not change any current fees as it relates to solid waste, green waste and recycling, and that the City wait and complete the contract until 2009, and at that point get bids and contract at that time. Seconded by C. Perry.
Further Discussion:
• C. Perry said that the unintended outcome of the motion is that the Council will have to wait until the contract expires to consider a new contract. A new contract should be considered prior to the contract ending.
AMEND MOTION: C. Perry - As the City approaches the end of the contract, staff should do some due diligence and report on the options. Accepted and seconded by C. Bowman.
Aye-C. Bowman
C. Perry
Nay-C. Maxwell
C. Richardson
C. Wright Motion fails.
MOTION: C. Richardson - To not adopt any of the changes to the Waste Management Contract and continue with the current contract. Seconded by C. Maxwell.
AMEND MOTION: C. Wright - To accept Waste Management’s very kind offer to drop the rate of the second recycling bin to $2.11. Accepted and seconded by C. Richardson.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Richardson - To move item 8 to the next item. Seconded by C. Perry.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on Resolution Adopting Fees (8:03 p.m.)
See handouts. Konrad Hildebrandt stated that this resolution considers a fee for the motor vehicle trespass as well as amended garbage collection fees. Rachel Brown said that the second recycling toter can be amended to $2.11 if there is no administrative fee. Konrad Hildebrandt said that administrative fees are a type of float that covers increased tipping fees some months and other unexpected expenditures.
Council Discussion:
MOTION C. Bowman - To move item seven before item 8, which was moved after item 5. No second. Motion dies.
• C. Maxwell stated that he feels the administrative plan should be on the first garbage can with no additional administrative fee for the recycling cans. He would propose $2.00 for the second recycling toter.
• C. Perry said that the City collects more than $1 per household per month in administrative fees for garbage collection. He feels that the City is already charging more than enough in administrative fees to cover all garbage toters.
• C. Richardson stated that he feels the first can should cover all administrative time. Recycling should be a pass through and should realize all savings that come from recycling.
MOTION: C. Richardson - To approve Resolution No. 11-20-2007A, a resolution adding, amending or deleting certain fees to the official fee schedule of the City of Cedar Hills, indicating that the garbage fee for the first toter is amended to $10.60, the second toter is unchanged, the recycling toter is amended to $4.60 and each additional recycling toter at $2.00. Seconded by C. Wright.
Further Discussion:
• C. Bowman asked staff to inform Council ahead of time if it is necessary to increase the second recycling toter to $2.11.
• C. Perry said that the numbers work, are reasonable, and reflect a more accurate assignment of tipping fees to those who incur the tipping fees.
Vote taken by roll call. Aye - C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Canvass of 2007 General Municipal Election (8:20 p.m.)
See handouts. C. Wright asked that any residents that have disputes with the election be allowed to speak at the conclusion of this discussion. Mayor McGee agreed to allow them to voice disputes. Gretchen Gordon said there were logistical issues the day of the election about which the City Recorder and Deputy City Recorder will inform the County.
Council Discussion:
• C. Perry said that he was disappointed in how the County ran the elections. Several residents voted and had no idea that Gary Naisbitt was not an eligible candidate. Many were frustrated that they had to cast a provisional ballot even though they were registered. He would like the City to write an official letter to the County detailing the problems and expressing its dissatisfaction.
• Mayor McGee said the Lieutenant Governor directed the counties to run the election. The issue with Gary Naisbitt’s ineligibility was because he failed to file the proper documentation.
• C. Richardson said that he felt the election was not only inefficient, but the City paid the County to run the election. He feels that the City should not pay until the County addresses the City’s problems and issues. He said that Gary Naisbitt’s ineligibility did not factor in the outcome of the race under any scenario with provisional and/or absentee ballots.
• C. Wright said that he feels that Gary Naisbitt no longer wanted to run and didn’t file as a convenient way out rather than formally and publicly withdrawing.
• C. Bowman suggested charging the County for the staff time of the City Recorder and Deputy City Recorder.
MOTION: C. Bowman - The City Council, acting as the Canvassing Board, accepts the election results for the 2007 General Election held on November 6, 2007, and directs staff to write a letter to the County and any others it may pertain to expressing the City’s disappointment and frustration in how the election was run. Seconded by C. Maxwell.
AMEND MOTION C. Bowman - To amend the motion to have staff calculate how much additional expenditure it was to us because our staff had to help with the election. Seconded by C. Maxwell.
Further Discussion:
• C. Perry said he is disappointed that not more candidates ran.
• C. Bowman said that she would like to see the City sponsor a meet the candidates night. The Mayor said that interested organizations are generally the sponsors of those types of functions. Konrad Hildebrandt said that the City needs to keep an arm’s length from elections. It cannot be construed that the City is supporting particular candidates. C. Perry said that it is a conflict of interest whenever there is an incumbent running.
• C. Wright disclosed that he is the legal and lawful husband of Marisa Wright.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
Recess at 8:40 p.m.
Reconvened at 8:45 p.m.
7. Review/Action on Ordinance on Motor Vehicle Trespass on Private and Public Lands (8:45 p.m.)
See handouts. Greg Robinson stated that this has been before the Council before. This ordinance attempts to eliminate cars and trucks while allowing for recreational use by ATVs. Konrad Hildebrandt said that the new neighbor across the street from the City building has dug a dyke as an attempt to limit access to any motorized vehicle. The property owner said he does not want the exposure of having people on his property with motorized vehicles. As the property owner was leaving, an ATV went right through the dyke and up the mountain. While the ordinance is difficult to enforce, it addresses important safety issues. The Forest Service has asked the City to limit vehicular access to national forest land. Mayor McGee said that nothing irritates him more than having public lands closed to the public.
Council Discussion:
• C. Perry said that the Utah State Code refers to posted pubic land, yet it is stricken from this ordinance. Greg Robinson said that the City did not want to post a sign at every access. C. Perry said that about a year ago he saw a resident who drove up the hillside slowly to watch the sunset. This ordinance would outlaw that. Such activity is not the problem; the problem is speeding and irresponsible use on the mountainside. He would like to amend the proposed ordinance to have a reference to a speed and include a provision that any use is restricted to existing roads.
• C. Wright said that while C. Perry’s point is true that type of ordinance cannot be created or enforced. The park can be used for watching sunsets. Adding a subjective element to the ordinance makes it difficult to enforce and makes it difficult to uphold in court.
• C. Maxwell said that large trucks do damage, but access for ATVs is important. The size of a vehicle may make the difference. Greg Robinson said that he can add the second classification of ATV vehicles that includes some heavier ATVs.
• C. Bowman said that this ordinance needs to be enforceable.
Staff will look into whether there is an ordinance prohibiting motor vehicles being driven across city parks.
MOTION: C. Richardson - To continue this item until the next meeting and have staff work on the many conversation points from this meeting. Seconded by C. Bowman.
Further Discussion:
• C. Wright asked for clarification on what staff should work on.
• The consensus is to work on weight of vehicles and a reckless driving clause.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
C. Bowman excused 9:20 p.m.)
9. City Manager Report and Discussion (9:20 p.m.)
• Cottonwood Well - David Bunker stated that the pilot hole has been finished. The report is that flow will exceed expectations. The pilot test was 1000 ft., but indications are that it may not need to be 1000 ft. The screen casing costs $300 per foot. Putting more screen casing in may increase the flow. With increased flow, some pipes may need to be resized. Depth, casing, and screen analysis should be back to the drilling company by Monday. Boring would begin on Monday and that would last until Christmas. The hole would then be sealed. The drilling should be complete in January. Pumping will go to bid in February. Construction of the pump house would start in March or April. The pumps on pond 10 will be fixed and operational by the spring.
• Snow Removal - David Bunker reported that the City was able to get salt from Highland. The City’s policy is to plow when there are two inches or more. Priority streets get plowed first. Vehicles have been inspected and drivers have been trained. Konrad Hildebrandt said that it would be prudent to have a third bobtail. If one breaks down, it would be difficult to get the streets cleared.
• Traffic Safety and Livability Oversight Committee (TSLO) - David Bunker stated that the Committee met and decided to look at an additional speed table on Forest Creek Drive. Another traffic calming device is anticipated at the boundary of the commercial area and the residential area. The TSLO also discussed striping Redwood Drive.
• Briggs Boulevard - David Bunker reported that this street was paved today where the cutout was done. He thinks all four cutouts will be necessary.
• Temporary Trail - The temporary trail at the Cottonwood Well site has been constructed. Residents continue to trespass through the well construction site despite posted signs. C. Perry suggested posting a fine for trespassing.
• Christmas Party - RSVPs for the Christmas party dinner need to be in by the end of the month.
C. Bowman returns.
MAYOR AND COUNCIL REPORTS
10. Board and Committee Reports
• C. Wright: Proposed moving the December 4 meeting to December 11 to allow for more time between meetings and to attend his company Christmas party. C. Perry opposed moving the meeting because it was published a year in advance. He already planned a work trip around the meeting, and changing the meeting will cost taxpayer money. C. Maxwell does not want to move the meeting if another Council member cannot attend. C. Wright said he would personally cover the cost of changing the meeting so he could attend his company party. C. Perry said that he can find a way to attend. The Council changed the meeting to December 12.
• C. Perry: LPPSD had a board meeting and chose to beef up emergency services with a longer ladder. Over the next five years, costs will rise significantly compared to the population.
• C. Bowman: The Community Services Director will be leaving.
• Mayor McGee: Met with Pleasant Grove and the County on the road swap of Canyon Road and 4800 West. The swap will not happen because the cost to bring Canyon Road to code is $18 million. The bus line is at about 70% capacity. UTA is working on getting a shelter for the bus stop. Mayor McGee will talk to UTA about the schedule.
EXECUTIVE SESSION
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:50 p.m.)
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5 to discuss purchase or sale of real property. Seconded by C. Maxwell.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
***EXECUTIVE SESSION***
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:47 p.m.)
MOTION: C. Bowman - 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.
MOTION: C. Richardson - To instruct staff to proceed with Option 2 on the golf course reconfiguration. Seconded by C. Bowman.
Aye-C. Bowman
C. Maxwell
C. Perry
C. Richardson
C. Wright Motion passes.
ADJOURNMENT
13. Adjourn
This meeting was adjourned at 11:07 p.m. on a motion by C. Maxwell, seconded by C. Perry and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
December 12, 2007