PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, May 6, 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, Eric Richardson, Charelle Bowman, Jim Perry
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Greg Robinson, Assistant to the City Manager-Planning
Rachel Brown, Finance Director
Jim Madsen, Golf Director
Ashley Vogelsburg, Community Service Director
Courtney Hammond, City Meeting Transcriber
Eric Johnson, City Counsel
Others: Cliff Chandler, Kevin Bradford, Talmage Cromar, Zach Breur, Johnathan Nufer, Alyssa LeDoux, Mitch Webb, Kelsie Lapp, Riley Sear, JC Shore, Kandice Blair, Holly Nufer, McLean Taylor, Kirk Dunn, Megan Bradford, Rachel Richards, Matt Lloyd, Meghan Salo, Sharon Hurst, Sonya Hurst, Lyndell Dunn, Trevor Free, Daniel Johnson, Matt Ellenberger, Jason Perry, Molly Castle, Kelly Larson, Steve Taylor
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 7:47 p.m. by Mayor McGee.
Invocation given by C. Wright.
Pledge of Allegiance led by McLean Taylor
2. Public Comment (7:48 p.m.)
• Kirk Dunn: Mr. Dunn came before the City Council a few months ago to talk about an easement that runs by the side of his house. He has been told that there is no chance for a release of the easement, and the City will not do anything with the easement for at least two years. Mr. Kirk will be applying for a variance to build a retaining wall and privacy fencing. He needs to know what the City plans to do with the easement but has been unsuccessful in his attempts to engage the City. Mayor McGee told Mr. Dunn to coordinate his efforts with Brad Kearl and/or David Bunker. C. Perry stated that an ordinance was recently passed that allows residents to manage/landscape City property that the City is not currently managing. C. Perry requested that David Bunker/Greg Robinson/Brad Kearl review the situation and engage with Mr. Dunn. Mayor McGee asked Greg Robinson to handle the situation and get David Bunker’s input as needed.
PUBLIC HEARINGS
3. Amendments to the Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (7:55 p.m.)
No comments.
CONSENT AGENDA
4. Minutes from the April 1, 2008, Public Hearing and Regular City Council Meeting
Minutes from the April 15, 2008, Regular City Council Meeting (7:55 p.m.)
MOTION: C. Bowman - To approve the consent agenda. Seconded by C. Kirk.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Kirk - To move item 8 directly after item 5. Seconded by C. Bowman.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
SCHEDULED ITEMS
5. Review/Action to Dismiss Appeals Board for Lack of Authority (7:58 p.m.)
MOTION: C. Wright - That Scott Rackman is not entitled to any hearings before the Appeals Board because he has met the qualifications of being in a supervisory role sufficient to be a deputy department head or superintendent. Seconded by C. Richardson.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
8. Presentation by Security Lighting Company (7:59 p.m.)
See handouts.
Staff Presentation:
Konrad Hildebrandt stated that there have been multiple incidents of vandalism in the form of graffiti, damage in bathroom facilities, and broken playground equipment. Staff has locked the bathrooms and is looking into getting a port-a-potty. The wires on the condensers on the Public Safety building were clipped, and there is no air conditioning. Mayor McGee and Council have asked for solutions to catch the vandals. There is a reward of $500 leading to an arrest.
Mayor McGee said he is appalled that the City has to deal with this. There is indication that some people know who caused the damage and have not reported it. It costs residents tens of thousands of dollars to clean up and replace the damage. He is unwilling to put playground equipment into a park that was recently vandalized.
Kelly Larson of Homeview Technologies explained that Homeview Technologies puts up webcams. The webcam can be accessed via internet and provides a live view. A camera will not solve all security problems but can deter vandals. Motion activated floodlights can be set up also. He recommended a motion-activated, fixed camera with motion sensor lights and a sign that announces that the area is under surveillance. He felt it would be better to start there before investing a lot of money into really expensive cameras. The cost is for installation and a monthly fee. One camera, floodlights, and seven months of service would be about $2,500.
Council Discussion:
• C. Perry said that the LPPSD has talked at length about cameras and vandalism. It is difficult to make an arrest based on a recording of a dark figure at night. He would like to flyer the surrounding neighborhoods to let them know that park equipment has not been installed due to ongoing vandalism.
• Mayor McGee suggested that the Council approve a dollar amount to be spent. He asked that this be placed on the next agenda and include several bids from different vendors.
• C. Kirk stated there may be a lack of knowledge about how to report vandalism or suspicious activity. He would like to inform the public about how and where to report suspicious activity.
MOTION: C. Perry - To move item 7 ahead of item 6. Seconded by C. Richardson.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
7. Review/Action on Amendments to the City Code, Title 2, Chapter 3,Youth City Council (8:28 p.m.)
See handouts.
Riley Spear, YCC Mayor, said that YCCs from around the state have implemented a dual mayor system. The City’s YCC decided that a dual mayor system should be implemented to provide better communication between the YCC and community. They will also be able to get more done with a dual mayor system.
Council Discussion:
• C. Kirk stated that he thinks it is a good idea. It would give experience and exposure to both mayors. He said that the appointment of mayor pro tempore needs to be clarified in section 2-3-6B.
• C. Perry stated that he has worked with the YCC for years and thinks it is the best part of being on the Council. He thinks the dual mayoral system is a good idea. He would like to strike “5 YCC council members” in section 3-2-1 and include everybody. It is unrealistic to have five regular YCC members. Anybody that is willing to show up and be part of the YCC gets to be included.
• Mayor McGee said that he feels the purpose of the YCC is to give youth a feel for government. City government does not have two mayors. He suggested that the mayor pro tempore be determined beforehand.
• Ashley Vogelsburg clarified that, for now, the YCC is not planning to have a mayor pro tempore. When the YCC gets bigger, a mayor pro tempore may be appointed. The mayor pro tempore clause was kept in there for the future.
• The Council would like to see the following change added to the section on Mayor Pro Tempore: “when the need arises, a mayor pro-tempore shall be appointed by the YCC advisor and City Council liaison.”
MOTION: C. Perry - To approve Ordinance 5-6-2008A, an ordinance amending the City Code, Title 2, Chapter 3, YCC of the City of Cedar Hills, Utah, as amended with the modifications of striking in section 2-3-1 “five (5) members” and adding in 2-3-6B “when the need arises, a mayor pro-tempore shall be appointed by the YCC advisor and the City Council liaison.” Seconded by C. Bowman.
Further Discussion:
• C. Bowman said that she is excited to see community services back and to have a YCC. The YCC has done a great job and she looks forward to watching it grow.
Vote taken by roll call. Yes - C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
6. Review/Action on Golf Course Reconfiguration (8:44 p.m.)
See handouts.
Staff Presentation:
Jim Madsen stated that winter has not been kind to the golf course. Some of the greens have been replaced. There was a fungus on one green and an irrigation problem on another. As the replacement greens were getting established, they froze and have had to be replanted several times. The golf course reconfiguration construction is complete, but because of the weather, the greens have not been able to be mowed and played. The advertising campaign is in full swing. Sunset Room rental is up 65% from the previous year. The advertising budget will be largely used before June 30. The Silver Star Day was a success with an estimated 50–60 service members golfing. He recommended making it an annual event.
David Bunker stated that bids for the cart path railing along the bench are not back.
Konrad Hildebrandt stated that staff has figured both the on- and off-site costs for St. Andrews and estimated profit margins for developers. He is still waiting on a few estimates from developers and requested permission from the Council to move forward with setting a minimum bid and going to bid. The Council would like to see the minimum bid number before putting it out. The new tee box on hole 18 is a 13-foot tall, elevated tee box that sits on a Questar Gas easement. Questar Gas originally came out and demanded it be removed. The City is attempting to meet with Questar. Bids to move it off the easement are $25,000. The City researched the right-of-way easement. It says the grantor will not build or permit to be built any building on the easement.
Council Discussion:
• C. Richardson suggested getting a title company to do a title search on the easement. The rest of the Council agreed.
• C. Kirk suggested adding railing along the connection from the clubhouse to hole 9.
• C. Bowman suggested the City get a geotech report to determine buildablity. The rest of the Council and staff did not want the liability of the geotech report.
9. Review/Action to Adopt the Preliminary Fiscal Year 2009 Budget (July 1, 2008 to June 30, 2009) (9:07 p.m.)
See handouts.
Staff Presentation:
Rachel Brown presented the golf course budget. Jim Madsen stated that the golf course revenue budget has a 5% increase and a $1 increase per nine holes. Regionally, rounds are down 19%. The revenue budget is very aggressive. He would bet his salary on maintaining the numbers from 2008. He thinks the increase will be very challenging, but doable.
Konrad Hildebrandt stated that it isn’t imperative that the rates be increased, but the bills need to be paid. If the rates are not increased, the money has to come from somewhere else. The City has received $198,000 grant for the Bonneville Shoreline Trail phase 2. The City has been working with one of the property owners about the easement that runs through his property. The City has some issues with the development agreement he wrote.
David Bunker said that the trail has been designed to run along the west side of the aqueduct. Without the property owner’s cooperation, the trail may need to be moved to the east side. The biggest issue with moving the trail to the east is the slope of the roads and design problems, as well as issues with two other property owners. The time line is running out on the grant. He recommended that the City team up with the Metropolitan Water District, improve the trail, but keep it native. It would be graded with a road base. It would not be a dedicated trail. It would be an improved access road for the Metropolitan Water District that they would allow residents to use. When future development goes in, the paved trail will be required of developers.
Staff will put together a presentation on a golf course clubhouse for the first meeting in June.
Council Discussion:
• C. Perry stated that he would like to see an incentive-based structure for the Golf Director with cost sharing on profits. The LPPSD installed an above-ground fuel tank that saves them taxes. Staff will look into the tax situation of fueling trucks from above ground tanks.
• C. Richardson stated that the Council sets policy through the budget. He is concerned that the City is not spending enough on golf course advertising. He wants staff to keep an eye on this budget item. Rachel Brown stated that some of the reconfiguration advertising is prepaid and covers several fiscal years. He also asked about the golf cart rotation and lease payment. Jim Madsen stated that it happens in July 2010. This allows 25 carts to expire each year.
• C. Bowman stated that she would like to see another promotion similar to Silver Star Day. It generates positive word of mouth advertising.
• Konrad Hildebrandt presented the previous clubhouse drawing. Staff feels it is necessary to have a club house sooner than later. This plan needs to be updated. Other courses have reported an increase in play with having a club house. The Council has previously asked that this be on an agenda.
• Ken Kirk stated that earlier in the year the Council discussed the position of the Deputy City Recorder and kept it as a part-time position until the budget. There was a balance going on with removing some of the responsibilities. Kim Holindrake said that over the years she has discussed with management the need to focus on records management. The Deputy City Recorder is budgeted at 27 hours and is just short of full time plus there are benefit issues. Some duties were redistributed but there has never been time for records management. There are things that are not getting done and won’t get done with a part-time employee. The position has not yet been filled. Also, she has done research on comparable salaries for her position. Over the years she has felt that her salary has not been properly reviewed and would like her salary reconsidered.
MOTION: C. Richardson - Whereas our loving legislature has maintained this meaningless and “Seussical” statute in this case requiring municipalities to adopt a completely nonbinding preliminary budget in advance of passing an actual budget and prior to full figures even being available, nevertheless wishing to be in complete compliance with even poorly written laws, I move that we approve the nonbinding preliminary budget for fiscal year 2009 and publicly invite our esteemed public servants to attend more municipal meetings so they can better understand how municipal government actually functions. Seconded by C. Bowman. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
Rachel Brown asked that the Council look at the budget with the hopes of passing it in the first meeting of June.
10. Review/Action on Amendments to the Fiscal Year 2008 Budget (July 1, 2007 to June 30, 2008) (10:28 p.m.)
See handouts.
Rachel Brown stated that all budget amendments have been talked about previously. Paying off the Bond Call Series 2000 will mean that the City will own Cedar Hills Drive.
MOTION: C. Perry - To adopt Resolution 5-6-2008B, a resolution adopting the amended 2007–2008 Fiscal Year Budget for the City of Cedar Hills, Utah. Seconded by C. Wright. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
11. Review/Action on Resolution Adopting Fees (10:32 p.m.)
See handouts.
Staff Presentation:
Kim Holindrake stated that there are a few fees that need to be amended and/or adopted. The suggested release of setback fee is an estimate of what it costs for staff to go through the process and record the document at the County. Konrad Hildebrandt stated that the garbage and recycling increases are a pass through.
Council Discussion:
• C. Richardson stated that the Board of Adjustment fee is $75, though going to the Board of Adjustment costs more than a release of setback in staff time.
• C. Bowman stated that she would like to raise the Board of Adjustment fee to $100 to match the release of setback fee.
MOTION: C. Richardson - To approve Resolution 5-6-2008A, a resolution adding, amending, or deleting certain fees of the official fee schedule of the City of Cedar Hills, Utah that includes the release of building setback, currently $0 to $100 and the Board of Adjustment from $75 to $100. Seconded by C. Perry. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Kirk - To approve Resolution 5-6-2008C, a resolution adding, amending, or deleting certain fees of the official fee schedule of the City of Cedar Hills, Utah to increase original garbage toter from $10.60 to $10.80, an additional toter from $7.00 to $7.08, a recycling toter from $4.60 to $4.79, and an additional recycling toter from $2.00 to $2.08. Seconded by C. Wright.
Council Discussion:
• C. Richardson stated that this is the fourth fee change this year. He does not want fee changes that frequently. He stated the last time that he would not vote for another fee increase. It is not necessarily a pass through because in estimating garbage costs, the City keeps a margin for administrative costs.
• C. Bowman stated that she would like this to be on the next agenda.
• Konrad Hildebrandt stated that there is the cost Waste Management charges and costs at the transfer station. The per can cost is fixed and the tipping fees are variable. This fee change passes on the 3% price increase that Waste Management is charging.
• C. Perry said his philosophy is to not raise taxes unless it is proved to be necessary. He is not convinced it is necessary.
Vote taken by roll call. Yes - C. Wright
C. Kirk
No-C. Bowman
C. Perry
C. Richardson Motion fails.
• C. Bowman and C. Perry would like garbage fees on a future agenda for more information.
12. Review/Action to Adopt a Contract with Highland City and American Fork City Regarding the Debris Basin (10:51 p.m.)
C. Bowman excused (10:52 p.m.)
See handouts.
Staff Presentation:
David Bunker stated that staff proposes the Council approve the debris basin interlocal cooperation agreement.
MOTION: C. Wright - To approve the Interlocal Cooperation Agreement for the American Fork Debris Basin. Seconded by C. Richardson.
Further Discussion:
• C. Perry stated that he does not like the last sentence of section 2. There are certain things that would not be in the interest of the City. He does not want to give carte blanche to any use that would not interfere with flood control. He proposed striking that last sentence. Section 8 says that in the beginning of the fiscal year Cedar Hills pays the entire amount that it anticipates for maintenance. It helps Highland’s cash flow situation to the detriment of Cedar Hills. David Bunker said that Highland was willing to let any other city collect the money. By May 1 the resources need to be in the fund because the maintenance is concentrated within a few months. However, the debris basin needs to be cleaned in the fall. C. Perry suggested changing the date for the money to be due on March 1. The numbering needs to be corrected as does the title for the new section 8 and should be changed to say the City Engineer, each having one vote.
AMEND MOTION: C. Perry - As discussed and documented: to strike the last sentence of section 2; to correct the numbering; to change the date the money is due to March 1 in the new section 9; to correct the title for new section 8 to read ‘Administrative Board’ and change it to read “ . . . by a Board consisting of the City Engineer from each of the cities, each having one vote . . .” Accepted by C. Wright. Seconded by C. Richardson.
Yes-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
MOTION: C. Richardson - To extend the meeting. Seconded by C. Perry.
Yes-C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
13. Review/Action on the Landscape Watering Schedule (City Code, Title 7-4) (11:11 p.m.)
C. Bowman returned (11:13 p.m.)
See handouts.
Staff Presentation:
David Bunker stated that not all pumps on pond 10 are working. Staff is working to get all pumps working. He recommended not changing the irrigation schedule now and operating under the same schedule. Usage is high for April. He fears that people will get used to excessive watering. The City needs some control on the watering; otherwise the City may get backwards again. Right now staff doesn’t know if the City has the resources to keep up with the demand.
Council Discussion:
• C. Kirk suggested doing away with the restrictions but not saying anything about it. People will think the restrictions are in place.
• C. Perry stated that there is an exception for new lawns that does not apply during July or August. That means that lawns can’t go in for June, July or August. That means a lawn has to be installed in early September. It creates a hassle in scheduling. He would like to take out the lawn restriction.
MOTION: C. Richardson - To continue with this ordinance as currently adopted. No second. Motion dies.
• C. Perry stated that he is inclined to do away with restrictions to see what happens.
• C. Richardson stated that he does not think the City should do away with restrictions, but it shouldn’t spend time enforcing them until it has a better idea what is happening with the pump. The only restriction that should be enforced at this point is the daytime watering restriction.
• C. Perry suggested making Saturday a day when anyone can water. Council agreed.
14. Review/Action on Memorandum of Understanding with USDA - Forest Service, Uinta National Forest (11:44 p.m.)
MOTION: C. Perry - To continue item 14. Seconded by C. Richardson.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
15. Review/Action on Resolution of Support for Improvements of SR-92 (11:44 p.m.)
MOTION: C. Richardson - To approve resolution 5-6-2008C, a resolution declaring the support of the City of Cedar Hills, Utah, for the proposed State Route 92 upgrade and development. Seconded by C. Perry. Vote taken by roll call.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
16. Review/Action to Approve the Utah County 2008 Municipal Recreation Grant (11:45 p.m.)
MOTION: C. Richardson - To approve the Utah County Grant application submission for the Mesquite Park playground equipment. Seconded by C. Kirk.
Yes-C. Bowman
C. Kirk
C. Perry
C. Richardson
C. Wright Motion passes.
17. City Manager Report and Discussion (11:45 p.m.)
No report.
MAYOR AND COUNCIL REPORTS
18. Board and Committee Reports (11:46 p.m.)
• C. Kirk: Some of his neighbors asked for a fall cleanup, similar to the spring cleanup. Konrad Hildebrandt said it costs $10,000. Instead, residents get two dump passes every year.
• C. Perry: The LPPSD is using the surplus. The assessment will be lower this year, but will be higher next year because it is artificially inflated because of the surplus. They are buying a million dollar fire truck called a platform truck. Some board members have said the purchase is for Cedar Hills and Wal-Mart. It’s not true.
• C. Richardson: There was another site plan meeting for the mixed use development. The plan changed considerably and doesn’t meet requirements. They also talked about a land swap.
• David Bunker: The TSSD director is retiring. The Cottonwood Well will be on the next agenda. The City sent a letter to the contractors saying that the City is rejecting the well.
EXECUTIVE SESSION
19. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
20. Motion to Adjourn Executive Session and Reconvene City Council Meeting
No Executive Session
ADJOURNMENT
C. Wright excused (12:00 a.m.)
21. Adjourn
This meeting was adjourned at 12:02 a.m. on a motion by C. Bowman, seconded by C. Perry, and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
May 20, 2008