CITY COUNCIL MEETING
Tuesday, January 8, 2008 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Marisa Wright, Ken Kirk, Jim Perry, Eric Richardson, Charelle Bowman (8:39 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Greg Robinson, Assistant to the City Manager - Planning
Courtney Hammond, City Meeting Transcriber
Others: Cliff Chandler, Diane Kirk, Craig Clements, Lone Peak High School students, Jim Tracy, Hance Hunter, Scott Jackman, Shawn Richins, Karissa Neeley - Lone Peak Press
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 7:07 p.m. by Mayor McGee.
Invocation given by C. Kirk
Pledge of Allegiance
2. Public Comment (7:08 p.m.)
No comment.
CONSENT AGENDA
3. Minutes from the December 12, 2007, Public Hearing and Regular City Council Meeting (7:09 p.m.)
MOTION: C. Kirk - To approve the consent agenda items for this meeting. Seconded by C. Perry.
Further Discussion: C. Perry felt that the proposed amendments did not accurately reflect former Council member Wright’s full intent for changing the December meeting. The language was changed to simply state that the December meeting was moved, rather than try to reflect all the reasons for the change.
Amend Motion: C. Kirk - To approve the minutes of the December 12, 2007, Public Hearing and Regular City Council meeting, as amended. Seconded by C. Wright.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
4. Review/Action on Golf Course Reconfiguration (7:14 p.m.)
See handouts. Konrad Hildebrandt stated that the reconfiguration project is out to bid and is due back by February 4 for approval on February 5. The construction deadline is April 4. The property transfer agreement has not been signed yet by Lone Peak Links. They are having their attorney look at the transfer agreement. Konrad Hildebrandt proposed that some of the reconfiguration money be used as part of an advertisement campaign to advertise the City and the golf course.
Council Discussion:
• C. Perry suggested that Jim Madsen put together a plan for playable days during the construction in February and March, possibly with a discount. He would also like to see a contingency plan for cash flow in the event that lots don’t sell as/when anticipated. He would like to see a proposal for an advertising campaign.
• C. Richardson would like to spend time in an executive session on item 3 of the memo, Cottonwood Hills Estates project. The Cottonwood Hills Estates project should be recorded with Utah County February 29, 2008 and official sale of the units will commence immediately thereafter.
5. Review/Action on Release of Durability for Bridgestone, Plat E (7:22 p.m.)
See handouts. David Bunker stated that Bridgestone, Plat E, is complete. Plat E consists of two buildings each with four units. The common space landscaping is not complete, but all other public improvements are complete. Staff recommends holding $3,000 for landscaping. The time line for landscaping is dependent on when the building is complete and the weather.
Council Discussion:
• C. Wright suggested waiting to release the bond until landscaping is complete.
• C. Perry said that in the past Bridgestone didn’t install landscaping on the retention area as approved. He would like to hold back as much as needed to complete the landscaping.
MOTION: C. Perry - To approve final acceptance of the subdivision improvements of Bridgestone Plat E, and the release of the durability bond with an additional bond of $6,000 required for final landscaping and subject to payment of any outstanding balance with the City. Seconded by C. Richardson.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Release of Durability for Mountaintop Trails (7:26 p.m.)
See handouts. David Bunker stated that inspection of Mountaintop Trails is complete. All improvements are complete. There are no landscaping issues.
MOTION: C. Richardson - To approve final acceptance of the subdivision improvements of Mountaintop Trails Subdivision, and the release of the durability bond subject to payment of any outstanding balance with the City. Seconded by C. Wright.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Park Maintenance Agreement (7:28 p.m.)
See handouts. David Bunker stated that the City has a contract with Wilkinson Outdoor Maintenance for maintenance of parks and the building landscaping. Wilkinson has been doing a good job. When Wilkinson was awarded the contract, it was a year-to-year contract with a 1% increase, which has not covered their increase in fuel. They are requesting a five-year contract with a 2% annual increase. When new parks come on line, there is a per acre fee. Cedar Hills is one of his largest contracts. Konrad Hildebrandt said that the City has previously dealt with many outdoor maintenance companies. Wilkinson has done an excellent job. He takes ownership of the parks and has never billed extra for broken sprinkler heads.
Council Discussion:
• C. Perry noted that there is no per acre fee written in the contract for when new parks come online. He would prefer to see language in the contract that refers to grass height rather than times per week the lawn is to be mowed. A specific time period for the baseball season needs to be written into Section 3.A.1. Item 11 should be titled “Outside Agreements”
• C. Wright suggested adding “without cause” to section 5.6 to make the termination clause more legally binding. She likes the five-year contract because it locks in a reasonable 2% annual increase for five years.
• C. Richardson would like to see the hours changed to coincide with the City Code.
• C. Kirk would like to see a shorter contract, 3-4 years.
MOTION: C. Richardson - To table this item until the next meeting when staff can come back with a clean copy incorporating all the changes made tonight. Seconded by C. Perry.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on Purchase Agreement for the Debris Basin Located along SR-92 (7:46 p.m.)
See handouts. Konrad Hildebrandt stated that Utah County is willing to sell the debris basin to the cities of American Fork, Highland and Cedar Hills for $310,000 to be equally split between cities. Cedar Hills’ portion would be $103,333, which is not in the budget. B&C road funds can be used for a portion of the cost. The remaining funds could be taken from storm water savings. There will be additional maintenance costs along with cost sharing on the purchase of a track hoe that will be negotiated in the next interlocal agreement. Cedar Hills is not using the storm water, but is interested in channeling the water. In the past the storm water runoff has damaged portions of the golf course. The three public works directors will act as the dam tenders. Mayor McGee stated that Mayor Franson of Highland would like to use the debris basin and storm water to recharge the aquifers.
Council Discussion:
• C. Richardson stated that he would like to see a change to the fee schedule with a storm water fee increase of $2 when the Council considers a budget amendment.
MOTION: C. Richardson - To approve, by motion, the Utah County Debris Basin Purchase Agreement. Seconded by C. Perry.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
9. Review/Action on a Canyon Commercial Zone (7:59 p.m.)
See handouts. Greg Robinson stated that the Council has directed him to look at the creation of a new commercial district around Canyon Road and the mouth of American Fork Canyon. There is a desire to get a three-acre area at the north end of St. Andrews Estates in a commercial designation. He asked for the Council’s suggestions for commercial usage as well as other guidance. The architectural design for the interested reception center is not American Colonial, though it incorporates tile roofs and dormer windows. Konrad Hildebrandt stated that staff wants to make sure that the Planning Commission has an idea of what the City Council is looking for so that they can fine tune the proposal. The Council needs to consider what area along Canyon Road they would like to consider zoning commercial. Mayor McGee said he would like the zone use to allow for a reception center only. Konrad Hildebrandt pointed out that the Council needs to be careful to not prohibit residential uses in case the reception center falls through. Greg Robinson cautioned against exclusionary zoning.
Council Discussion:
• C. Kirk said that he would like to start with the St. Andrews Estates site for commercial. At a future date, additional commercial zoning can be considered. He likes the feel of the sentence that the commercial area “appear more residential than commercial.”
• C. Wright stated that she would like to see the design standards for the current commercial zone extend into this new commercial area. She feels like it would provide a nice flow and continuity to the City.
• C. Perry said that because this site is removed from the commercial zone, American Colonial is not as important. Given the nature of a reception center, American Colonial may not be appropriate for its use. He would like to start commercial zoning with just the three-acre site. The Council has had previous discussions regarding the mouth of the Canyon and felt that it would significantly impact the look of the area. The zone usage should be something that is for residential and low impact commercial.
MOTION: C. Richardson - To move forward with sending this to the Planning Commission for a recommendation and preliminary approval of the creation of a tandem commercial CC-1 zone including the ideas proposed by planning staff and including a recommendation on amending the current Commercial Design Guidelines to include references to the CC-1 zone, including a limitation on the parcel selection being highly selective, language amended regarding the intensity of the use, a review of the sizes, specifically the height requirements being in line with the current H-1 Zone of 35 feet, including language on the building footprint similar to what is outlined in the current Design Guidelines, and a recommendation on the architectural theme for the zone. Seconded by C. Perry.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
10. Review/Action on Amendments to the General Plan - Transportation Element (8:21 p.m.)
See handouts. Greg Robinson stated that he would like the City Council’s review and suggestions on an update to the transportation element of the general plan. There is the potential that a developer could propose a plan that would ruin some designs and ideas of road connections. The current plan does not include the east side of Canyon Road.
MOTION: C. Perry - To direct staff to update and make the recommended changes to the General Plan: Transportation Element in preparation to take it to the Planning Commission reflecting an intention for the H-1 Hillside Zone to continue to be a residential area with low density use and being interconnected with adjacent developments in a cohesive and harmonious way, including parks and trails elements. Seconded by C. Richardson.
Council Discussion:
• C. Kirk stated that he would like to see Cedar Hills Drive extended to the east.
• C. Perry stated that he does not want to see a potential developer coming in and getting in under the old system because an updated plan is not in place.
• David Bunker stated that he will come back and report on what needs to be done to make the transportation plan work.
• Mayor McGee likes the idea of taking Cedar Hills Drive to the east and Harvey Boulevard extending to Canyon Road.
Aye-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
15. Mayor and Committee Reports (8:32 p.m.)
Mayor McGee said that things are proceeding forward with Wal-Mart. Wal-Mart just needs to pay the fees and are waiting for the snow to melt to begin construction. C. Perry added that after the engineering review is complete, the contractor bidding begins. The engineering review is complete, and Wal-Mart is revamping a few engineering items. Mayor McGee also clarified that Wal-Mart received no incentives from Cedar Hills.
11. Review/Action on Amendments to the H-1 Hillside Zone and the Planned Residential Development Requirements (8:36 p.m.)
See handouts. Greg Robinson stated that he would like direction on what, specifically, the Council would like to see in the Hillside Zone. Currently the Hillside Zone has one-acre lot requirements, but PRDs can reduce the lot sizes. There are two potential developments that will be coming to the Council soon. Other than those developments, there are about 25 additional houses that can be built if the current slope limitations are kept. Greg Robinson showed a map from MAG that shows what areas are buildable and how much additional density can be added to those buildable areas. It is very limited. David Bunker said there is a component to the Hillside Zone that incorporates slopes and density. The steeper the slope, the less density is allowed. A total density estimate was used to size the sewer line. The new property owner expects to get the density for which the sewer line was built and water given. Kim Holindrake stated that the sewer line size was based on the total number of units per a density analysis. Canyon Heights Development chose not to use all the density they were allowed. The City has never allowed unused density to be transferred to other properties. Because Canyon Heights didn’t use its density does not allow this other property owner to use it. Previously Rodney Despain had prepared a map that showed the areas that are flat enough for development (green areas), those that may allow development (yellow areas) and areas that are too steep for any development, even roads (red areas). There were green areas completely surrounded by red areas. There needs to be something that prohibits property owners from changing grades for access to buildable areas.
Council Discussion:
• C. Perry said that he wants to see less density than what is currently allowed in the Hillside Zone. One acre is a good starting point, with provisions that allow a drop in lot size, but not to the density that is currently in portions of the Hillside Zone. He would like to make changes that will solve the City’s open space problems and ensure that there is low density in the rest of the development of Hillside Zone.
• Mayor McGee is not a fan of PRDs and is not in favor of any more high density development. He would not like to see anything smaller than .25 acre lots.
• C. Kirk and C. Wright would favor a minimum of .5 acre lots.
• C. Richardson said that he doesn’t mind density; he wants quality developments with quality open space. His goal is more parks. Specifically, on PRD density he would like a review of calculations of density on the buildable areas. No density credits should be given for unbuildable areas. Minimum lot sizing needs to be addressed. The City Code should refer to non motorized trails. The cut and fill language should be reviewed. Piers should be required as well as a soil test that includes an analysis of collapsible soils. The City should follow the governor’s task force recommendations and have certification of the build structure being to engineering standard, and other language from the governor’s task force on sensitive areas. Impact fees should be analyzed because if the total number of homes at build-out changes, the devisors in the impact fee calculations may be wrong. He would like to see a copy of the Canyon Heights annexation and/or development agreements. The City should look at language on the open space dedication because some types of open space are more valuable than others. The Subdivision ordinance should also be looked at and cross referenced.
MOTION: C. Richardson - To direct staff to update and make recommended changes to the City Zoning Code and Subdivision Code taking into account the conversation this evening and take those changes on both the subdivision ordinance and zoning code to the Planning Commission. Seconded by C. Perry.
Aye-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
12. Review/Action on City Council Assignments (9:02 p.m.)
See handouts. Mayor McGee proposed the following City Council assignments:
• Charelle Bowman - Parks and Trails Committee, Celebrations/Community Events/Pageants
• Ken Kirk - Lone Peak Public Safety District (LPPSD), North Utah County Solid Waste Special Service District
• Jim Perry - Youth City Council, UTOPIA
• Eric Richardson - Planning Commission, Traffic Safety and Livability Oversight Committee (TSLO)
• Marisa Wright - Library Issues
Council Discussion:
• C. Perry said that he has been serving on the LPPSD board and feels that there is value to continuity on that board. He feels it would be more effective to have Ken Kirk take UTOPIA rather than the LPPSD because UTOPIA isn’t in Cedar Hills yet. He feels that having a council member that meets with Jim Madsen is needed or have Jim Madsen meet with the Council more frequently for golf course updates.
• C. Richardson stated Ken Kirk might be in a better position to take the Traffic Safety and Livability Oversight Committee because he lives near the area.
• C. Bowman suggested that C. Wright take the Parks and Trails Committee if library issues don’t have much activity.
• C. Wright said that she plans on doing a lot with library issues, including working on agreements with local libraries and pursuing the possibility of a county library system.
• Mayor McGee stated that, given the discussion C. Perry will keep LPPSD, C. Richardson will serve on the UTOPIA board, and C. Kirk will be given the TSLO assignment.
MOTION: C. Richardson - To confirm Mayor McGee’s recommendation of the following City Council assignments: Charelle Bowman to the Parks and Trails Committee and Celebrations/Community Events/Pageants; Ken Kirk to the Lone Peak Public Safety District as an alternate, the Traffic Safety and Livability Oversight Committee, and the North Utah County Solid Waste Special Service District; Jim Perry to the Youth City Council and the Lone Peak Public Safety District; Eric Richardson to the Planning Commission and UTOPIA; and Marisa Wright to Library Issues. Seconded by C. Bowman.
C. Perry stated that Konrad Hildebrandt is currently the LPPSD alternate.
AMEND MOTION: C. Richardson - To appoint Konrad Hildebrandt as the LPPSD alternate. Accepted and seconded by C. Bowman.
Aye-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
13. Review/Action on Appointment of Mayor Pro Tem (9:30 p.m.)
MOTION: C. Perry - To appoint Charelle Bowman as Mayor Pro Tem. Seconded by C. Kirk.
Aye-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
The Council would like to see the appointment last for one year.
14. City Manager Report and Discussion (9:32 p.m.)
• Konrad Hildebrandt said that he has looked at staffing of the public works department. The public works department is looking at hiring an assistant and there is concern that an assistant will be left alone in the office much of the time and at other times will be alone in the building with the City Engineer. Staff proposes finishing one portion of the basement with some of the remaining bond money to create offices for service workers and public works coordinator and to bring other staff to the building. There is a main reception area and three offices. The technicians are out most of the time. C. Richardson said that in the last budget there was a line item for a new city building. He does not want to see money put into finishing a basement, then build a new building, and have too much room. He would like to see an analysis of staffing needs. C. Kirk pointed out that eventually the basement will be finished and construction costs continue to rise. The Council requested to see an analysis and a bid.
• David Bunker gave an update on the culinary water well project. The driller has had a problem with broken tips three times. Twice they milled the tip. The third time, the chunk was too large to mill, and they have been unable to retrieve it. They are at 830 feet which would yield about 2,500 gallons per minute. The City was hoping to reach 970 feet and yield 3,000 gallons per minute. The City would save about $50,000, and the well would lose about 40 feet of screen. The drillers say there are not any other options other than pulling out and starting a new hole with no guarantee that it could go deeper. David Bunker recommends accepting the 830 feet. There may be some residual rust from the metal, but the pump will be at least 10 feet from the bottom and the hole will be encased in steel. A yield of 2,500 gallons per minute will achieve the City’s objective of 100% redundancy in the culinary system as well as supplementing the pressurized irrigation system to ensure adequate water supply at buildout. The consensus of the Council is to accept the 830-foot well.
MAYOR AND COUNCIL REPORTS
15. Board and Committee Reports (10:24 p.m.)
• C. Perry: The Lone Peak Public Safety District voted to sell a surplus ambulance to another city and to buy another tender. The older tender is being leased out and pays for itself. The Youth City Council did very well with their food drive.
• C. Bowman: She is concerned with the bend in Cottonwood Drive because it is very icy and cars may end up in the front yards of the new homes in Cottonwood Hills Estates.
• Mayor McGee: Mountainland Association of Governments and County Council of Governments centered on transportation. UDOT has decided to eliminate most of the lights along SR-92 and have separated grades.
EXECUTIVE SESSION
16. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:30 p.m.)
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5 to discuss competence, character and mental health of certain individuals and the purchase, exchange, or lease of real property. Seconded by C. Richardson.
Aye-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
17. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:49 p.m.)
MOTION: C. Kirk - To Adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Perry.
Aye-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
ADJOURNMENT
18. Adjourn
This meeting was adjourned at 10:49 p.m. on a motion by C. Bowman, seconded by C. Kirk, and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
January 22, 2008