PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, March 4, 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, Charelle Bowman, Eric Richardson, Jim Perry, Ken Kirk
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Rachel Brown, Finance Director
Greg Robinson, Assistant to the City Manager-Planning
Jason Garrard, Assistant to the City Manager-Finance
Courtney Hammond, City Meeting Transcriber
Others: Karissa Neeley - New Utah, Andrew Jensen, Packer Wilkes, Ryan Jensen, Ben Pearce, Nick Jensen, Carol Jensen, Jeron Cannon, Jeff Lindstrom, Page Keyes, Michael McLaughlin, Brent Uibel, Randy Hallam, Keith Irwin, Brett Campbell, Cheral Kemp, Cheryl Lomeli, Travin Lomeli, Brittany Southworth, Vaughn Porter, Kyle Porter, Shawn Harley, Jeff Hiatt, Dakota Hiatt, Camille Kofford, Taylor Kofford, Justin Pincock, Tyler Galloway, Josh Barton, Craig Clement
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 7:07 p.m. by Mayor McGee.
Invocation given by C. Richardson
Pledge by Ryan Jensen, Scout Troop 839
2. Public Comment (7:10 p.m.)
• Kirk Dunn: Mr. Dunn said there is a 10-foot easement running alongside his property between Joe Ferguson and Donaldson. He requested that the City let the easement go. There are only two feet between his window well and where the trail would go. There is an issue with whether the trail can be built because of improvements made by American Fork to their utilities. Access to the trail has been cut off and fenced in. He is also seeing erosion issues at his house. The property was built up and erosion has cracked the sidewalk. He would like to finish grading the property to stop the erosion or construct a retaining wall this summer. Also, with the current trail easement, any fence would have to be 50% opaque. He would like the ability to have a solid fence so passers by aren’t looking into his window if the trail is constructed. There are also some health issues with black windows and allergies. Extending grass and landscaping would alleviate those issues.
• Brent Uibel: Mr. Uibel said that he read a recent article in the Daily Herald and was disappointed in how Cedar Hills officials handled the problem. He said the people concerned were hurt in such a way that they are moving on. City Council members and Planning Commissioners need to be careful of the words that they use. Articles of this nature have resulted in class action lawsuits. He urged the Council to take the time to become trained. Discussion and remarks should reflect the responsibilities of the Council, rather than personal issues.
PUBLIC HEARINGS
3. Amendments to the City Code, Title 9, Chapter 1, Article B, Planning Commission (7:17 p.m.)
No comments.
CONSENT AGENDA
4. Minutes from the February 19, 2008, Public Hearing and Regular City Council Meeting (7:17 p.m.)
MOTION: C. Perry - To approve the minutes. Seconded by C. Kirk.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
5. Review/Action on Golf Course Reconfiguration (7:19 p.m.)
Staff Presentation:
See handouts. Konrad Hildebrandt stated that the contractor is staging equipment for the golf course reconfiguration. The same contractor has also bid on flood control in the river bottom area to protect the bridge and golf course. Sandbags have been ordered in anticipation of snow melt runoff. For the first time since the golf course opened, there were no golfers in February. The advertising project is moving forward. The sale of the Cottonwood Hills Estates lots is on hold until the culinary well is finished. Curb, gutter and sidewalk will make the lots more appealing to buyers. The initial Plan A for St. Andrews Estates is going to be more difficult than originally planned. There were two parties involved, i.e., a developer and business owner. The business owner thought the developer would buy, build, and own the business. The business owner would lease it. The developer is willing to facilitate the business development, but will not own it. There are other options being explored. The three-acre lot can be used, at best, for three lots because of the infrastructure and utilities. Staff would like direction on what layouts the City Council would like to see for the three-acre parcel. Between now and the next meeting, the Council needs to decide whether to put it out to bid wholesale or retail and the timing of the project.
Council Discussion:
• C. Bowman stated that from the beginning, the Council was told that the reception center had to be part of the deal. Now that doesn’t appear to be true. When the City Council was deciding how to relieve debt, it was looking at the entire picture. If the big picture is falling apart, she feels the City is back at square one and all options to relieve as much debt as possible may need to be reconsidered. Every part of the reconfiguration was interconnected. She is frustrated and disappointed that the project came this far, then fell apart.
• Mayor McGee stated that he was led to believe the reception center was the deal maker. The developer met with him last week and apologized because of miscommunication. The developer is still interested in the project as a residential development and plans to bid on the project. Mayor McGee is also frustrated. He has spoken to the business owner who wanted to build the reception center. The business owner said that when he walked the site with an engineer, the lot wasn’t conducive to what he had envisioned and was no longer interested in the site. Mayor McGee said he is still committed to paying off the debt. He suggested leaving the three-acre property with a separate entrance, and dividing it into 2 or 3 lots.
• C. Perry stated that a letter of intent, letter of credit, and earnest money were promised and never delivered. Now the developer says he is still on board but has still not given a letter of intent. No Council members have met the developer, but the Council has been asked to trust in hearsay that he is still interested. The City has worked on this project for four years. Any time participation from a third party was needed in past projects, the plans fell apart. He feels that the City cannot afford to invest in options that require trusting in participation of a third party.
• C. Richardson stated that he feels the three-acre lot divided in two with a private drive will bring in more money. The project should be put out to bid. While the market has turned down, there are still developers looking for projects. The Council needs to come to a consensus on whether to put it out to bid wholesale or retail.
• C. Wright stated that she would like to keep the entire project residential and move quickly on putting it out to bid.
• C. Kirk stated that the City has spent enough time and money developing a site plan, and he does not want to spend any more money. If the reception center operator still wants to do a reception center, he can purchase the large lot and take it through zoning.
MOTION: Perry - To move forward with investigating options involving a two-lot subdivision of the existing large lot, as well as continue with the reconfiguration and other plans related to the golf course. Seconded by C. Wright.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
6. Presentation Regarding the New Cottonwood Well (7:56 p.m.)
Staff Presentation:
See handouts. Bowen and Collins is the principal designer of the Cottonwood Well project. Chris Michael presented information on the Cottonwood Well and answered questions. Bowen and Collins anticipated the well would produce 2,000 gallons per minute with a target depth of 1,000 feet. The actual well is producing 1,300-1,400 gallons per minutes. Drill bits have broken several times resulting in an 830-foot well. There is not an option to deepen this well because of the drill bit at the bottom of the hole. It would be just as expensive to drill a new well as it would be to get through the drill bit at the bottom. One possible solution is retrofitting the well to remove the screens toward the top of the well. It may cost about $50,000. The well has been chemically flushed four times. Final stepped tests are being run tomorrow, and a formal recommendation will be made. The driller did a reasonable job of trying to remedy the situation.
Konrad Hildebrandt stated that there are also some Manila Water wells that the City may be able to acquire in the dissolution of Manila Water Company. David Bunker said that as final information comes back from Bowen & Collins, staff will analyze data and get it to the Council. Chris Michael will be at the next meeting to present findings.
Council Discussion:
• C. Perry stated that the goals of the well were to provide a backup water supply if the existing well failed and to supplement the pressurized irrigation water supply. Increasing the water supply by a few hundred gallons per minute isn’t worth it if it doesn’t accomplish those goals. To make a decision, the City Council needs to know if the water supply from the well will be adequate at buildout.
• Mayor McGee said that a grey water well would be less expensive to develop if the goal is for pressurized irrigation use.
MOTION: C. Bowman - To move items 9 and 10 before item 7. Seconded by C. Richardson.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
9. Review/Action on Amendments to the City Code, Title 9, Chapter 1, Article B, Planning Commission (8:30 p.m.)
Staff Presentation:
See handouts. Kim Holindrake stated that staff has reviewed and updated the Code. The Council can make additional changes.
Council Discussion:
• C. Bowman stated that there are many checks and balances with the City Council, and she wants to make sure there are checks and balances elsewhere. She presented different and additional changes to the Code.
• C. Kirk stated that he agrees that clarification is needed. The changes made by staff clarify what the City attorney explained. He would like to add a comment to B1 “If the Mayor chooses not to reappoint a member by written notification. . .” He would like to see written notification in C. Bowman’s version as well, to read after first sentence, “The Mayor will send written notification to the member 30 days prior to term expiration notifying him of the decision.”
• C. Perry stated that the State code says that the City shall establish its own rules about how appointments are made to the Planning Commission. The staff version gives alternates a two-year term. There is still confusion because terms for both regular and alternate members end on December 31. When terms end at the same time, there is no alternate to take the place of a regular member. The word “entire” should be removed from Mode of Appointment section (9-1B-2B-2 and 3).
Articles A and C in the City Code, Title 9, Chapter 1, will be on a future agenda.
MOTION: C. Richardson - To approve Ordinance 3-4-2008A, an Ordinance amending Title 9, Chapter 1, Article B, entitled Planning Commission of the City Code of the City of Cedar Hills, Utah, as amended. Seconded by C. Bowman. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
10. Review/Action to Amendment the City Council Procedures (9:52 p.m.)
See handouts. C. Perry stated that he revised the procedures and removed repetition of State code language. New language in section 7.7 allows items to be reconsidered in the same meeting. Other changes were made for clarification or to clean up the language.
Other items to be amended include, 5.1F(1) should be removed because the consent agenda needs to be approved by motion. 6.6 should read as it does in UCA 10-3-403, except it should read “presiding officer” in place of “mayor.”
C. Bowman has asked previously to limit the time of meetings. Item 13 was added by C. Kirk and C. Wright because they also felt that there should be a time limitation.
Amend, strike second sentence of section 13.1.
Kim Holindrake stated that Eric Johnson, City Attorney, said the Council needs to be cautious not to rewrite state law. He had concerns with section 3.4 and section 6.6. Section 6.6 has since been fixed.
MOTION: C. Richardson - To approve Resolution 3-4-2008A, as amended, a Resolution of the City Council of the City of Cedar Hills adopting the City Council Procedure Policies. Seconded by C. Perry. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Board/Committee Appointments - Parks and Trails Committee and Planning Commission (9:15 p.m.)
See handouts. Mayor McGee said that he was still unable to get in touch with the Parks and Trails Committee applicant. He interviewed four applicants for the Planning Commission. All are good applicants. John Hart has since reconsidered his application and is no longer available for appointment. Mayor McGee recommended appointing Gary Maxwell as first alternate. Mr. Maxwell has served on the Planning Commission and the City Council and is a developer. Mayor McGee recommended appointing Robert Seegmiller as second alternate. He is a real estate agent and developer. Glenn Dodge has experience in a Planning Commission in another state. Mayor McGee feels that Robert Seegmiller is a longer-time resident and understands the dynamics of the City.
MOTION: C. Bowman - To affirm Mayor McGee’s appointment of Gary Maxwell as 1st alternate and Robert Seegmiller as 2nd alternate to the Planning Commission. Seconded by C. Wright.
C. Kirk asked that Cliff Chandler, the Planning Commission Chair, be asked to speak about the candidates. Cliff Chandler said that he has worked with Gary Maxwell on the Planning Commission. He does not know Robert Seegmiller. He knows Glenn Dodge, though not well.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
Five minute break. (9:27 p.m.)
C. Bowman excused.
Reconvened at 9:33 p.m.
8. Report on Fiscal Year 2008 Budget (July 1, 2008 to June 30, 2009) (9:34 p.m.)
Staff Presentation:
See handouts. Rachel Brown and Jason Garrard presented the 2008 Budget-revenue and estimated 2009 revenues. The data is an estimate. Building permits have been adjusted from an estimated 75 permits to 40 permits. Nineteen permits have been issued year to date. The base property tax number given by the County is $702,000. To estimate the sales tax from Wal-Mart, the sales tax from the Lindon Wal-Mart was cut in half. This is because the Cedar Hills Wal-Mart is smaller. This number was used as a sales tax base for the fourth quarter when Wal-Mart is expected to be open. The Council would like to see revenue budget amendments quarterly. Rachel Brown and Konrad Hildebrandt feel like it is premature to look at revenue amendments before the 3rd quarter. Staff evaluates the revenues on a regular basis. Jason Garrard will look into making sure that Cedar Hills is collecting its fair share of franchise taxes.
Discussion on the possibility of a RAP tax will be on a future agenda.
11. Review/Action on an Employment Contract with the City Manager (10:34 p.m.)
See handouts. Mayor McGee stated that the salary range has been changed. The vehicle policy has also been changed. Konrad Hildebrandt stated that the value of the vehicle came from the value of the last vehicle purchased.
MOTION: C. Wright - To approve and direct the Mayor to sign the amendment to the City Manager’s contract. Seconded by C. Richardson.
Yes-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
12. City Manager Report and Discussion (10:45 p.m.)
• There are a variety of boundary adjustment requests from Pleasant Grove residents. There is a request from someone who lives on the east end of Harvey Boulevard on 9600 North (4000 North in Pleasant Grove). Pleasant Grove will not boundary adjust anyone who lives on that street. There is nothing Cedar Hills can do to make Pleasant Grove do a boundary adjustment. It would up to the resident to pursue the issue with Pleasant Grove. The City’s policy does not allow non-residents to hook onto its utilities.
• The Utah League of Cities and Towns conference is coming up. Council members need to let Mike Carson know if they are planning to attend.
• Playground equipment for Heritage Park has been purchased and is stored at the Public Works Building. The Council needs to let staff know when they want it installed. C. Wright would like it installed along with motion sensor lights around. C. Perry suggested sending flyers to the neighborhood asking for help identifying vandalism and letting them know that this is the last equipment the park will get. Kim Holindrake suggested a better location for the equipment that is more visible. An announcement will go in the next newsletter.
• The winter freeze-thaw is doing havoc on streets, especially in the Landmark Subdivision.
• The golf course driving range netting needs to be repaired, which will cost $22,000. Konrad Hildebrandt proposed using the golf course reconfiguration contingency fund.
MAYOR AND COUNCIL REPORTS
13. Board and Committee Reports
No reports.
EXECUTIVE SESSION
14. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-205
MOTION: C. Perry - To extend the meeting to 11:10 p.m. and go into executive session pursuant to Utah State Code 52-4-205 to discuss character, competence and mental health of an individual. Seconded by C. Wright.
Yes-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
15. Motion to Adjourn Executive Session and Reconvene City Council Meeting (12:01 p.m.)
MOTION: C. Perry - To adjourn the executive session. Seconded by C. Kirk.
Yes-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
C. Wright would like to enforce the no vehicles on the Bonneville Trail. Mayor McGee will have staff place signs along the area.
ADJOURNMENT
16. Adjourn
This meeting was adjourned at 12:04 on a motion by C. Kirk, seconded by C. Perry and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
March 18, 2008