CITY COUNCIL MEETING
Tuesday, April 15, 2008 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Ken Kirk, Jim Perry, Charelle Bowman, Marisa Wright, Eric Richardson
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Kim Holindrake, City Recorder
Rachel Brown, Finance Director
Jason Garrard, Assistant to the City Manager-Finance
Greg Robinson, Assistant to the City Manager-Planning
Courtney Hammond, City Meeting Recorder
Jim Madsen, Golf Course Director
Others: Dave Crim, Justin Burt, Diane Kirk, Shawn Richins, Karissa Neeley, Glen Dodge, 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 7:18 p.m. by Mayor McGee.
Invocation given by Mayor McGee
Pledge of Allegiance led by C. Wright
2. Public Comment (7:20 p.m.)
No comments.
CONSENT AGENDA
3. Minutes from the April 1, 2008, Public Hearing and Regular City Council Meeting (7:21 p.m.)
MOTION: C. Richardson - To continue item 3 until the next meeting. 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 (7:22 p.m.)
See handouts.
Staff Presentation:
Jim Madsen gave a presentation on golf course operations. A resident appreciation promotion gave each household a coupon to golf the reconfigured course without green fees. Those that golfed were asked to provide feedback. Between 20–50 residents took advantage of the promotion. Feedback was very positive. The outcome of the reconfiguration is better than expected. There are some safety concerns about the golf path along the bench. Some type of guard rail needs to be installed. David Bunker will give a recommendation on a guard rail. April has been challenging because of the weather. Jim would like to sign a new 19-month lease for the clubhouse to give the City enough time to pay down the debt, and then begin work on a clubhouse. Konrad Hildebrandt said that there is a negative ROI for not building a clubhouse. A clubhouse would give the golf course legitimacy. He presented projected financials for wholesale vs. retail on St. Andrews Estates. To breakeven with wholesale, the City would have to sell 17.43 lots retail. Konrad talked to several Utah city managers. Two have developed lots in their city. Both said they would do paper lots if they were to do it again. They said that the cities still deal with the lots. Developers come and go, but the city is always around. Konrad suggested putting the paper lots to bid with a minimum bid.
Council Discussion:
• C. Perry would like to see an analysis on ROI for a clubhouse.
• C. Bowman stated that she would like to have a clubhouse discussion and develop a long-term plan. She said that regarding the wholesale vs. retail discussion, if the developer is gone, residents come to the city anyway if they feel they have been wronged.
• C. Kirk suggested that the clubhouse be discussed in the next meeting.
• C. Perry asked that ROI and framework for the clubhouse be put on the agenda for the next meeting.
• C. Wright applauded the golf course opening up for a community group.
MOTION: C. Richardson - To move items 8, 9 and 10 next on the agenda. Seconded by C. Perry.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
8. Review/Action on a Contract for a Telecommunication Transmitter Located at the Golf Course Clubhouse (7:54 p.m.)
See handouts.
Staff Presentation:
David Bunker met with Rapidwave and looked at potential sites. Initially, the proposal was to put up one tower. They are now proposing two towers, one at each water tank. The proposal on the lower tank is to locate the equipment inside the fenced area. The City needs to know when the fenced area is accessed by Rapidwave. The City shares access to the lower tank with Manila Water Company. On the upper tank, the tower would not be enclosed within the existing fence. A 4 x 4 concrete pad would be poured. Justin Burt with Rapidwave said that having two towers will give better coverage. There is no power, but they are looking into using solar panels. The solar panel would be similarly sized to the one currently there. Having the towers close allows customers other options to the bulky equipment that they currently have on rooftops. The units are being built to be portable. They are willing to put a clause in the agreement that if they were to leave the area, they will return it to its original state. Allowing anyone else on the tower would weaken the service. For that reason and exclusivity on frequency is included. They are willing to pay the City as much as $250 per month per tower. Konrad Hildebrandt stated that there are other providers in the area from which the City gets no money. In his opinion, this lease agreement is a good deal.
Council Discussion:
• C. Kirk recommended that Paragraph 5, second to last sentence, be changed to state that internet access be provided to Cedar Hills City buildings, so as to include all and future buildings to a maximum of five. He would also like the Liability of Landlord (section 26) removed from the contract. The last sentence in Section 4 should be removed and replaced with a sentence that states “or notice within 12 hours if access is between 7:00 p.m. and 8:00 a.m.”
• C. Wright stated that she would rather keep the status quo unless there is a compelling reason to allow a change. In her opinion, $400 a month and free internet access is not a compelling reason.
• Mayor McGee stated that he would like the authorization to be contingent on staff doing research on what compensation is standard to the industry. If this is approved, Rapidwave has a virtual monopoly on tower sites in the City.
MOTION: C. Richardson - To make the following findings: 1) the proposal made by Rapidwave Wireless meets the purpose and intent of Section 10-5-27A, 2) the equipment being proposed is a personal wireless service facility in accordance with Section B-1 of that section of code; 3) the location is in compliance with Section E-1A; 4) following the execution of the lease agreement, the process dictated in section G of 10-5-27 shall be followed regarding the site plan and building permit; 5) the propped antenna be classified as a roof mount or quasi roof mount antenna; 6) the contract be subject to legal review and staff analysis of the fee schedule; 7) the City Engineer review the terms regarding access and make amendments in that section; 8) free high speed access shall be included to all present and future City buildings including free wifi access and hotspot at all buildings where public meetings are scheduled; 9) to authorize the Mayor to enter into a contract, and 10) Section 26 be stricken. Seconded by C. Kirk.
Further Discussion:
• C. Bowman stated that she would like to add that the fee be a minimum of $500.
• C. Perry said that staff knows that Rapidwave is willing to pay $500, and will not recommend less than $500.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
9. Review/Action on Adopting a Proclamation Designating May 1, 2008, as Silver Star Day (8:28 p.m.)
See handouts. Mayor McGee stated that he has received a request from Silver Star Families of America that May 1 be designated as Silver Star Day in honor of the men and women serving in the Armed Forces.
MOTION: C. Kirk - To adopt Resolution No. 4-15-2008A, a resolution of the City Council of the City of Cedar Hills, Utah, adopting a proclamation designating May 1, 2008 as Silver Star Day with the inclusion of the designation offering all members of the military in active service the offer of a free round of golf on that day. Seconded by C. Richardson.
• C. Perry noted that the motion only includes those on active duty.
AMEND MOTION: C. Bowman - That the free round of golf include all military personnel. Accepted by C. Kirk. Seconded by C. Richardson. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
10. Review/Action Adopting a Proclamation Designating the Week of May 4 - May 10, 2008, as Municipal Clerks Week (8:34 p.m.)
MOTION C. Richardson - To approve Resolution No. 4-15-2008B, a resolution of the City Council of the City of Cedar Hills, Utah, adopting a proclamation designation the week of May 4 - May 10, 2008, as Municipal Clerks Week. Seconded by C. Perry. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
5. Review/Action on Board/Committee Appointments - Planning Commission (8:34 p.m.)
See handouts. Mayor McGee recommended appointing Glenn Dodge to the Planning Commission. Glenn has had previous experience on the Planning Commission of Michigan City, Indiana. Michigan City went from a population of 30,000 to 60,000 in five years.
MOTION: C. Richardson - To affirm Mayor McGee’s appointment of Glenn Dodge as second alternate to the Planning Commission. Seconded by C. Bowman.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Bowman - To move item 7 before item 6. Seconded by C. Perry.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Release of Setback for The Cedars, Plat I, Lot 32 (8:37 p.m.)
See handouts.
Staff Presentation:
Greg Robinson stated that Carver Construction installed the foundation at lot 32 in The Cedars, and they missed a pin, which caused the foundation to exceed setback requirements. The foundation goes 9 inches outside of the setback. They are requesting a change in the rear setback from 15-feet to 14-feet. The property backs up to the golf course, where there is about 100 feet of rough before playable area. This type of change has been made in the past. A finding needs to be made so that it doesn’t become a recurring issue or violate the City Code. The change in setback is allowed in a PRD.
MOTION: C. Perry - To make the following findings regarding the rear setback for The Cedars, Plat I, Lot 32 as follows: 1) the change in setback does not create a hazardous condition, nor will it adversely affect surrounding residents; 2) varying from the designated setback is appropriate for the zone and property location; 3) a variance from the rear setback does not change the development’s density nor the required distance between the dwelling units; 4) this change complies with all zoning regulations and City ordinances. The City Council approves an amendment to The Cedars, Plat I, and amends the rear setback for lot 32 from a 15-foot setback to a 14-foot setback. Seconded by C. Richardson.
Further Discussion:
• C. Bowman recommended following the Planning Commission’s recommendation that a fee be added to the fee schedule for these types of changes.
• C. Richardson said that this should be a release of setback rather than an amendment.
• Kim Holindrake said it cannot be a plat amendment unless the City is recording a new plat.
AMEND MOTION: C. Perry - To add to the approval “and/or release of building setback.” Accepted and seconded by C. Richardson.
Further Discussion:
• C. Kirk and C. Richardson requested that a change to the fee schedule be on a future agenda.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
6. Report on Fiscal Year 2008 Budget (July 1, 2008 to June 30, 2009) (8:44 p.m.)
See handouts.
Staff Presentation:
Jason Garrard presented the water and sewer expenditures as compared to FY 2008. David Bunker said that TSSD is doing a plant expansion. They are estimating a 40% increase in user fees and an increase in impact fees of $1,000-$2,000.
Council Discussion:
• C. Perry requested that staff determine a more valid place holder for the debris basin in the storm drain expense.
11. City Manager Report and Discussion (9:10 p.m.)
• David Bunker stated that the river bank reinforcement along the golf course has been completed. It is difficult to know where the water will go. It depends on water volume and velocity. If it warms up quickly or begins raining in the mountains, there may still be problems.
• The entire budget except for golf has been presented. Any questions should be directed to staff.
• Wal-Mart is going to begin moving dirt tomorrow. A groundbreaking will be scheduled. The construction site will be secured with a six-foot chain link fence. The Phillips Edison development may go up at the same time, possibly by the same construction company. The contractor is going to be completed in November. If possible Wal-Mart will be in by Christmas. The technical contract completion is in February.
• The mixed-use development proposal has changed. It is divided into residential with a small commercial section and without the park in the center.
• The well casing was not drilled straight. This is not normal. A vertical turbine shaft pump cannot be used. A submersible pump can be put down, but not taken out. Bowen and Collins has been asked to come back with a recommendation. Two pump suppliers do not recommend putting pumps in the well. Mayor McGee would like a recommendation by the next Council meeting.
MAYOR AND COUNCIL REPORTS
12. Board and Committee Reports (9:34 p.m.)
• C. Wright: She requested an agenda item to explore the option of eliminating the nighttime water restrictions. C. Richardson agreed. C. Perry would like the agenda to be listed as review water policy.
• C. Kirk: He was contacted by a resident about the strip of property owned by the City along Centennial. The resident wants it maintained because it is City property. C. Kirk stated that if the Council is going to decide to developed the property, money should not be spent on maintenance. He would like an item on the agenda to discuss the development of three lots on Centennial. C. Bowman agreed. Mayor McGee would like to wait on discussing the development of the lots. Any controversy may derail current reconfiguration and development plans. David Bunker will look at that area. Development of lots on Centennial will be on the agenda for May 20 under golf course reconfiguration.
• Mayor McGee: He attended the Utah Lake Open House.
EXECUTIVE SESSION
13. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
14. Motion to Adjourn Executive Session and Reconvene City Council Meeting
No Executive Session.
ADJOURNMENT
15. Adjourn
This meeting was adjourned at 9:40 p.m. on a motion by C. Kirk, seconded by C. Bowman, and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
May 6, 2008