CITY COUNCIL MEETING
Tuesday, March 18, 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, Charelle Bowman, Jim Perry, Eric Richardson
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Greg Robinson, Assistant to the City Manager - Planning
Eric Johnson, City Counsel
Courtney Hammond, City Meeting Transcriber
Others: Brett Beal, Bridger Beal, Cliff Chandler, Caleb Warnock, David Bragonje, Dallin Stone, Diane Kirk, Shawn Richins, Leslie Snore, Tracy Schultz, Bobby Seegmiller, Karissa Neeley, Melissa Willie, Chris Mikell, Cliff Craig, Carl Pitt.
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 call to order at 7:15 by Mayor McGee.
Invocation given by C. Perry
Pledge of Allegiance led by Bridger Beal, Scout Troop 1183
2. Public Comment (7:17 p.m.)
David Bragonje: Mr. Bragonje appeared before the City Council several months ago. He owns property in Pleasant Grove that Pleasant Grove cannot provide sewer service. Pleasant Grove’s policy is to allow properties that cannot be serviced by Pleasant Grove and can be serviced by Cedar Hills to boundary adjust into Cedar Hills. The exception is the street on which Mr. Bragonje’s property is located. He asked that Cedar Hills provide sewer service to his property. He argued that eventually someone who owns the property will pay to bring the sewer line to the property, allowing those at the end of the street to access to Pleasant Grove sewer when their septic systems fail. Mr. Bragonje has met with Pleasant Grove many times, and they have refused his request. Their refusal was based on a proposed boundary adjustment map. They did not reference any ordinance. C. Wright said that the City wants the border cleaned up and has adopted a policy to achieve a clean border. No exceptions can be made. C. Richardson said he appreciates Mr. Bragonje’s voice of reason. Cedar Hills’ policy is a resolution. The intent of the resolution was to get to a point of logic as it concerns the border. Doing nothing means that a sewer will be installed to Mr. Bragonje’s piece of property, which may mean the border will never be cleaned up. Mayor McGee said that this item will be an agenda item at the next meeting. C. Richardson also asked for feedback from the city attorney. C. Perry asked for an official statement from Pleasant Grove on the matter.
CONSENT AGENDA
3. Minutes from the March 4, 2008, Public Hearing and Regular City Council Meeting (7:34 p.m.)
MOTION: C. Richardson - To approve the consent agenda. Seconded by C. Perry.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
4. Review/Action on Golf Course Reconfiguration (7:34 p.m.)
See handouts.
Staff Presentation:
Konrad Hildebrandt stated that golf course advertisements are running on various radio stations. Staff has put together a time line on Cottonwood Hills Estates and St. Andrews Estates. Staff has put together a proposal for St. Andrews Estates that puts three private entrance lots on the north side of the subdivision.
Council Discussion:
• C. Kirk suggested that the project go to bid allowing potential buyers to look at all viable concepts and choose the one they like best.
• Mayor McGee stated that he feels this concept is the best so far. He would prefer to entitle this concept and put it out to bid.
• C. Wright suggested that the development be broken up into two different developments. Konrad Hildebrandt said that the three-lot subdivision is dependent on the larger subdivision for infrastructure.
• C. Richardson said that he feels the lots should be sold retail rather than wholesale. The City could then make more per lot, though it would also incur more risk.
• David Bunker stated that the value in this proposal is in entitled lots. There is a lot of work in the entitlement process, much of which is the engineering. A potential buyer then knows that the lots and engineering are viable. Going to retail would expose the City to more risk. When you put in the infrastructure, contractors need to be paid. If the lots sell, the City wins big. If they don’t, the bills still need to be paid, and there’s no money coming in.
MOTION: C. Perry - That staff move forward with all due haste with continuing the process for approval for concept plan 21, and that staff prepare a presentation for a future meeting in which the Council is presented with the most likely best case and worst case scenarios so the Council can get a better understanding of the risk versus a profit tradeoff so the Council can make a better informed decision. Seconded by C. Richardson.
Further Discussion:
• C. Bowman stated that she thinks the Council should look at the possibility of going to smaller lots, based on what is in the neighboring area. She is uncomfortable putting it out to bid without looking at all the options. There were other plans that were set aside when the reception center came into the picture. She would like to see other scenarios including smaller lots and multi-family.
• C. Richardson said that he doesn’t think going smaller is a good idea unless there is more density. He will run some numbers on smaller lots and multi-family options.
• C. Kirk stated that he would like to see this development come to completion. There were valid reasons why the Council did not decide to fully develop the lots. He has seen developments where prime lots go quickly and the less desirable lots sit.
• C. Perry said that selling prime lots retail would probably be worth as much as selling the entire development wholesale.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
5. Presentation Regarding the New Cottonwood Well (8:07 p.m.)
See handouts.
Staff Presentation:
Chris Mikell of Bowen and Collins gave a presentation on the well project. The pumping capacity is about 1,000 gallons per minute. At the last meeting, he mentioned the possibility of covering the top screen to draw the water down further. Based on the extreme amount of additional drawdown for 100 more gallons per minute, he no longer feels it would be advisable to spend the $50,000 to get an additional 100 gallons. Bowen and Collins has done more research on wells in the area and have determined that the wells that perform well are at a depth of 1,000 feet.
David Bunker stated that his recommendation is to use the well to its full capacity. If the City builds a new well, it should locate it in an entirely different location so that it doesn’t affect this well. The City made application for two holes, and has permission to drill another site. Staff will contact the state and find out if unused financing can be used at a different site. David Bunker presented a water systems analysis. The analysis does not include the golf course or city parks. The peak daily indoor demand is 1,250. The peak daily outdoor demand is 3,375. Outdoor water available to the City includes: 450 from the CUP turnout (which may change), 1,000 from the Canyon Well, and 3,800 from the pond #10 booster. On the culinary side, the City can produce 1,250 from the Harvey Well, 1,000 from the Cottonwood Well, and 900 from the American Fork booster. In the long-term scenario, another source is needed.
Konrad Hildebrandt said that Chris Mikell has said that the drill bit cannot be retrieved. The drillers thought they could retrieve it because they tried four times. He finds it hard to believe that there is no way the drill can be retrieved. Chris Mikell feels it will be more cost effective to drill a new well than to retrieve the drill bit. He does not believe the bit can be retrieved.
Council Discussion:
• C. Kirk asked about year-to-year water level variation. This is a high water year. In a drought year, might the water level drop to levels where the City can’t get 1,000 GPM. Chris Mikell said there is variation, but he would not be able to say how much. When Sandy City experienced a six-year drought, water production dropped by 10%.
6. Review/Action on Board/Committee Appointments – Parks and Trails Committee (8:51 p.m.)
See handouts. Mayor McGee presented Cliff Craig as an appointment to the Parks & Trails Committee.
MOTION: C. Wright - To affirm Mayor McGee’s appointment of Cliff Craig to the Parks and Trails Committee. Seconded by C. Bowman.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Final Site Plan for the Cedar Hills Retail Center for the Commercial Property Located on the Southeast Corner at the Intersection of Cedar Hills Drive and 4800 West – Amsource (8:53 p.m.)
See handouts.
Staff Presentation:
Carl Pitt stated that Amsource made some modifications based on the Planning Commission meetings. Storm water calculations were changed to include a sub basin design and were resubmitted to engineering. Utilities have been extended to the east property line. Amsource was given the traffic study performed by Wal-Mart in pdf format. Amsource went to A-Trans Transportation who provided a letter that said the Amsource development would produce an approximate 17% increase in traffic by year 2030 with a level of service between B and A. A new model was not built because of the small size of the development. The development agreement is being worked on. A detail sheet was added to the landscape plan. Amsource did a sound monitoring study. They recorded sounds on a similar building at the Hollywood Video in Pleasant Grove, taking readings at street level and at unit level and at 10 feet off the back and front wall. The readings on top of the structure are at a maximum level allowed. All other measurements were background level for noise. They felt that the readings at the site were in line with sound level requirements. The units all have rooftop units and are screened by parapet walls. This property adjoins county land master planned by the City to be commercial and other commercial land. There will be no semi truck deliveries, trash compactors, or ground mounted refrigeration units. The original lighting plan had spaced lighting. Two more poles were added that makes the ingress/egress well lit.
David Bunker said the main issues have been covered. A storm water management and erosion control plan needs to be submitted. Water rights need to be calculated and submitted. A development agreement needs to be signed.
Council Discussion:
• C. Bowman said she would like to see a fence along the south side of the property. She is concerned about the aesthetics of the commercial zone if a fence is not required in this section. Carl Pitt said that on the master plan it is commercial to commercial, and Amsource does not want to put up an expensive fence that will be torn down when it does become commercial. He is willing to put up a vinyl fence. The Council said they feel a stamped concrete wall on the south border should be required. Carl Pitt said he would prefer to see a requirement in the development agreement that requires the stamped concrete wall if the adjoining land does not become commercial within five years.
• C. Kirk noted that the landscaping is currently at 20% rather than 30%. The Council needs to make a finding that the landscaping meets the intent of the Commercial Design Guidelines.
• C. Perry stated that it is difficult to understand how the landscaping fits with the elevations. He does not yet feel like the landscape plan meets the intent of the Commercial Design Guidelines. He is not convinced the traffic and sound study are adequate. The traffic report reads that the land uses are not similar, though for comparison’s sake a similar land use was used. The study also notes that traffic for banks and restaurants is heavier. He argues that using a similar land use for comparison, when in fact the traffic is heavier, is unacceptable.
• C. Richardson likes the caliper of the trees and shrubs, but does not feel the intensity of the landscaping is of the level that has been required of Phillips Edison. Carl Pitt agreed to add more trees, but he needs to maintain visibility to the buildings from 4800 West.
• C. Wright would like the trees on Cedar Hills Drive to match the flowering pear trees on the other side of the street. On 4800 West she would like all large trees to be London Planes to match the trees on the north side of the street.
• Carl Pitt asked for a list of items that need to be revisited. He said that Amsource has made every effort to meet the Commercial Design Guidelines and requests at previous meetings.
MOTION: C. Richardson - Regarding the final site plan approval for Amsource, I move that staff provide the applicant at his request the approved plan for Phillips Edison and Wal-Mart; in regards to 1) the landscaping percentage is currently 20%. Instruct the applicant to come back with a revised landscape detail sheet including matching of the trees, specifically the flowering pears on Cedar Hills Drive and the London Plane trees on 4800 West like Phillips Edison, reviewing the spacing with quantities to be similar to the approved plat for Wal-Mart and Phillips Edison; 2) detail being provided on a special feature; 3) as part of the development agreement, detail will be provided regarding the benches, style and location, 4) a provision in the development agreement regarding the fencing along the south edge of the parcel; 5) a detail sheet showing the berming and topographical elevations for the landscaping features, specifically along 4800 West; providing more detail than currently in the grading plan of the berming as required by the Commercial Design Guidelines; 6) an elevation detail sheet that expands beyond the provided wall colorings that show building materials and a sample board; 7) instruct the applicant to provide an additional explanation in a memo or traffic study regarding intersections currently classified at a level of service C or below that would match the level of detail provided in the 2007 Fehr and Peers model category 3 2030 modeling; 8) detail regarding the noise sheets, specifically providing that the site is adjacent to residential and instructing the applicant to review the approved noise study for Phillips Edison and Wal-Mart regarding L90, L10 and L1 levels; 9) submission of an accident report similar to that required by Phillips Edison and Wal-Mart for the last five years; 10) in regards to signage, the elevation detail sheets that will be provided shall be to scale so that the Council may make a finding regarding the sizing of signs as part of plat approval; 11) City Council approval of the geotech study; 12) instructions on the plat to be reviewed and verified to instruct contractor and construction access to be only off of 4800 West; 13)_verification of right-of-way and water rights; 14) issuance of a conditional use permit; and 15) finally a presentation regarding how the final plat complies with the City of Cedar Hills subdivision ordinance, specifically sections 10-6A-4 assurance that the entire parcel shall be developed, which could be addressed in development agreement, section 10-6A-8B2 regarding City Council approval of CC&Rs, and a phasing plan to be approved that addresses 10-6A-3C that a significant portion of the parcel shall be developed, and to table this item until those items can be addressed. Seconded by C. Perry.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on Acceptance of Bid for Mesquite Park Improvements (10:24 p.m.)
See handouts. David Bunker said that the bids for Mesquite Park Improvements were accepted on March 17. The low bidder is Beck and Beck Construction at $307,199.35. It does not include a fence that will be installed on the north of the park. The fence is a specialty fence that will be contracted out separately. This bid is for hydro seed not sod. There is an option to install sod for an additional $64,000. The consensus of the Council is for sod.
Council Discussion:
• C. Richardson said that if the neighbor with the grey vinyl fence does not want to replace her fence, a retaining wall can be put in rather than a stamped concrete wall for a lower cost.
MOTION: C. Kirk - To award the contract to Beck and Beck Construction for the construction of the Mesquite Park Improvement Project in the approximate amount of $307,199.35, plus the additional cost for sod. Seconded by C. Perry.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
9. City Manager Report and Discussion (10:41 p.m.)
• Those that have not signed up for the UCLT conference and would like to attend need to contact Konrad Hildebrandt.
• The City-sponsored Easter egg hunt will be on Saturday at 11:00 a.m. in Heritage Park.
MAYOR AND COUNCIL REPORTS
Board and Committee Reports (10:43 p.m.)
• C. Bowman: The Family Festival planning is underway.
• C. Kirk: The North Utah County Solid Waste Special Service District has been approached by UDOT for the purchase of property owned by the District, for use for the Vineyard Corridor proposed construction.
• C. Perry: The Lone Peak Special Service District voted to make the company take back the defective fire truck. The Youth City Council is hosting the Easter egg hunt.
• C. Richardson: UTOPIA has had a number of meetings. They would like to make a presentation to the City in the future to talk about changes. The RUS financing is dead in the water. They are looking for a new executive director. There was a site plan meeting for the Smart parcel. It is a mixed-use development. It is not colonial. There is another site plan meeting this Thursday.
• C. Wright: She would like to see an arched Welcome to Cedar Hills sign at Cedar Hills Drive and 4800 West or other decorative feature.
EXECUTIVE SESSION
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-205
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting
No Executive Session
ADJOURNMENT
13. Adjourn
This meeting was adjourned at 10:55 on a motion by C. Richardson, seconded by C. Bowman and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
April 1, 2008