Special meeting February 15, 2006

SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING

Wednesday, February 15, 2006 6:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

Present: Mayor Mike McGee, Presiding (6:22 p.m.)

Council Members: Charelle Bowman, Darin Lowder, Jim Perry, Eric Richardson (6:27 p.m.)

Alan Petersen, Planning Commission Chair

Commission Members: Carl Volden, Donald Steele, Paul Hammer (Via Phone), Steve Kroes, Gary Maxwell, Cliff Chandler

Konrad Hildebrandt, City Manager

Kim Holindrake, City Recorder

David Bunker, City Engineer

Eric Johnson, City Attorney

Others: Linda Petersen, Shea Taylor, Brett Taufer, Brent Uibel, Jim Ferry, Laura Ferry, Gary Smith, Zonda Perry, Becky Hoffman, Barbara Christensen - New Utah, Cammy Smith, Joel Wright, Tracie Roberts, Vernon Davenport, Jean Poch, Eric Hansen, Gloria Morales

SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING

1. This joint meeting of the City Council and Planning Commission of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order at 6:12 p.m. by Mayor Protem Lowder.

Invocation by Alan Petersen

Pledge of Allegiance

2. Review/Recommendation by the Planning Commission on an Amendment to the Zone Map to Change a Portion of Area in the H-1 Hillside Development Zone to the Public Facilities Zone and granting Site Plan Approval. The Property is Located at Approximately 10300 North Between Canyon Road and Bayhill Drive. (6:12 p.m.)

Konrad Hildebrandt stated that this joint Planning Commission and City Council meeting has been called for a number of reasons. It is not without precedent to have the Planning Commission and Council meet jointly especially when there are concerns, issues or items that come up where it is appropriate that the Planning Commission understand firsthand and immediately the goals of the City Council who is the acting and deciding body. The Planning Commission is solely a recommending body to the City Council. Both entities perform a positive and necessary function. Specifically the item on the agenda is for action by the Planning Commission to review an amendment to the zone map to change a portion of property from H-1 Hillside Development Zone to the Public Facility Zone and approve the site plan. The property is located at 10300 North between Canyon Road and Bayhill Drive. Subsequently the City Council, with a recommendation from the Planning Commission, will act on this at their February 21 meeting. It will be noticed per legal requirements and the Council will hold another public hearing. There has been discussion on whether the City should meet higher and bigger standards for public noticing. That is up to the City Council. The City follows the state required noticing. Other cities do other things and we can also. The staff will do as the Council requests. The zone change includes all the property the City owns in that general area. There is the ability to do a footprint and rezone only that portion. There has been questions and/or concerns that possibly this item was being rushed through and not just following the regularly scheduled Planning Commission and Council meetings. This item is regarding a potential use of the property in the Public Facility Zone. Other Councils have wanted a cemetery on that site as well as a number of different things. There is a trail running through the area and a trail head. There are a number of things that could happen including a public facility, which has been suggested. There are a number of encumbrances through that property that make it difficult for construction. The Metropolitan Water District has a water line holding a 75’ easement. Utah Power has transmission lines with easements, and Cedar Hills has a main sewer line that services the City. Much of the area will always stay in its natural state based on those encumbrances. Back to the time table, the City currently has a pump house or booster station just south on Bayhill Drive. This project has been in the Capital Improvements Plan for 5-6 years and the current budget for two years. Various sites in and out of the City have been suggested, reviewed and identified and this location came out to be the recommended location. Therefore, staff wise the City commenced activity. Based on the pump house, which is a public facility, staff felt that another facility could be put on that site. When it came to our attention that in fact there may be some requirements in our own code that prohibited us from doing that, we immediately began the process to change the zone. Working back from a time line, staff is trying to meet that time line. We had no idea that it would be controversial. All intentions are to beautify that site with a quality facility. To meet the time frame, it caused some of the perceived rush. When getting bids, a local excavator had an opening to grade the property for substantially less; saving the City over $100,000 on the grading. Staff wise we always try to, in anything we do, get the most cost-effective rate. The City is attempting to create a positive zone change and a positive facility. Money can do a lot of things. Definitely with the interest of all residents in mind, staff has proposed this project, which is designed for buildout. There will not be a future sprawl of equipment.

Mayor McGee stated that he and staff talked about putting the facility down by the golf course in the flood plane where the City owns a piece of property near the American Fork wells but the property is in Highland City. Highland City said not just no but heck no. He attended a joint meeting last year with Councilmember Fotheringham, Councilmember Perry, Konrad Hildebrandt, Highland’s Mayor and two of Highland’s Council members. They had a lengthy discussion and the end result is that Highland City wasn’t willing to allow Cedar Hills to put a facility there. Former Highland City Mayor Adamson said there was no way he would support a Cedar Hills facility in Highland. We said we would model it after their public works building and even used their architect. Again they said no. Eric Johnson stated that he recalls that they did not agree to permit Cedar Hills to put a public works building there but wasn’t clear on how hard the door was slammed. Councilmember Perry recalls that their fears were because of the financial problems of the golf course, losing open space near their residents and they were trying to look out for their residents. It was no secret the golf course was struggling but he felt they were open to the idea of a public works facility. He spoke in the last Planning Commission meeting and summarized this same information. He understands that Mayor Adamson and Barry Edwards (Highland City Manager) indicated that they were not interested in a public works facility but would allow a golf maintenance building. Discussion regarding additional traffic entering Canyon Road. Cedar Hills does not have a large fleet of trucks. Councilmember Perry stated that Highland City passed an ordinance putting more restrictions on the property by the golf course. They have a current ordinance that no other city can build any facility in their boundaries. Mayor McGee stated that he has been talking to Highland City’s Mayor over the last 18 months to boundary adjust all of the golf course property into Cedars Hills. Highland City said no. He then spoke to Lt. Governor Herbert. He scheduled a meeting with him and Mayor Adamson where it was agreed that things would happen. Mayor Adamson committed to it and then withdrew his commitment. This current site is our most viable option; we own the land. It can be beautified extensively with grass and trees so that the residents enjoy it as well. The City needs this facility. It is important that we realize that we don’t have a facility to house supplies and equipment. In order to respond to the needs of the City up to buildout, we need to develop the ability to respond quickly. We need to house and maintain parts and equipment. Councilmember Perry understands the need for the facility. The question is whether the location by the golf course is really not an option. Access to that property is difficult because there is only a small strip of land. David Bunker reported that coming off State Road 92 Highland City has a well. The access width is only a 10' strip on the side of that well and on Highland property. Cedar Hills has only an access easement. There is about a 25' drop off from State Road 92 to the river bottom. There are some issues of concern and there would need to be a wider area for access. Highland City requires a 30' wide road for access. The access road would have to cross the American Fork River on the down stream side of the debris basin, which is not an easy process. This takes a state permit and could be done but it’s a lengthy process. We are willing to do the work to get it done but Highland City has said no. Konrad Hildebrandt stated that this has been a lengthy process identifying a suitable site. Cedar Hills does not have an industrial zone. We are a residential community. Any location for a Public Works Facility will be accessible to homes. The City does own property on 4800 West that would still abut homes and this property is more opportune for commercial. Many sites have been reviewed. The hillside to the east of the proposed location is owned by three property owners, Hansen, PRI and Questar. PRI was approached a year and a half ago and their response was that we could buy the entire property. He spoke to PRI today and because of charter and tax rules they cannot sell the property in pieces. They have a transaction team that does this type of work. There has been precedent in Utah and other states where the transaction team has worked with cities. They want to know how it would meet the future use of their entire property. If that met their overall goals, the only way we would get it is through condemnation because of charter and tax rules. They don’t build homes; they are not a developer. This property abuts homes also. Then you have to buy the property. Utah Power and Light has 7.5 acres that was for a potential substation, which was moved elsewhere. They want $150,000 to $200,000 per acre and are willing to sell. Questar Gas has a parcel that touches the Utah Power and Light property. Cedar Hills has tried to do some due diligence. The Public Works Facility has been funded now for two years. We have had discussions with Highland City many times and have even tried to boundary adjust the property. It takes two cities to do a boundary adjustment and Highland has said no. Mayor McGee tried with his extensive connections to change the state law. It passed the House by a substantial margin and then the session ended. Mayor McGee got it on the special session and some law makers who didn’t want it on a special session used it as an example of what shouldn’t be on a special session. It has not been reintroduced at this time.

Discussion regarding the City Code, building in the H-1 Hillside Development Zone and 30% grade issues. David Bunker reported that every development from Juniper Heights, Canyon Heights and The Cedars have had slopes greater than 30%. In The Cedars there were several ravines where the side slopes were 30% or greater. The ravines were filled in to create level roads. See handout of proposed site showing topography and areas that exceed 30%. The proposed site has a large side hill that has been revegetated several times and nothing will grow. This hillside was originally over 30% but it was cut back for installation of curb and gutter. The Bonneville Trail will come up extending to the south and will go through a section that is at 35%. Throughout the City there have been locations where the grade is over 30%. On the proposed site, the power lines are close to the pump house. The parking lot is conceptual and will be completed with the public works building. The parking lot will be a trail head for the Bonneville Shoreline Trail. The staff looked at accessing the property from Bayhill but because of the many encumbrances and not wanting to drive through the residential area that idea was discarded. When getting a price for the excavation, a track hoe was used to dig to make a determination on the type of material on the site. The site material made a difference in the bid price. The material was found to be useable and valuable to the excavator for use somewhere else. Bids came in $24,900, $130,600, $148,000 and $176,000. The low bidder was substantially less because he could sell the material. He wanted this to be winter work and needs to be done within a specific time line because he is booked out for the rest of the year.

Discussion regarding the time line in order to get the building completed in the current budget. The City is saving over $100,000 on excavation. The two issues, zoning and excavation, can be separated. Section 10-4D-10 reviewed, Grading: No grading, filling or excavation of any kind shall be commenced on land within the zone without first having obtained a grading permit from the city engineer, who shall not issue such permit until a grading plan, endorsed by a licensed civil engineer, shall have been approved in accordance with the provisions of section 10-4D-11 of this article. All land surface having a slope of thirty percent (30%) or greater shall remain in its natural state and shall not be graded or otherwise disturbed, except for the planting of additional vegetation, the addition of sprinkler irrigation systems, the establishment of required fire breaks or access easements, or when such disturbance is specifically provided for under an approved site plan. David Bunker clarified that the site was grubbed but no excavation. Councilmember Perry stated that it created a perception that the City was charging ahead. Mayor McGee stated that sometimes when there is an opportunity that is too good to be true it is marked off to exuberance.

Paul Hammer excused. (7:05 p.m.)

David Bunker stated that the proposed property was not given to the City but purchased from Lone Peak Links for $122,000. It is not zoned as open space but is called park and trail on the plat.

Discussion – The General Plan shows the area as open space. The General Plan is a guideline for the City and not specific zoning. The General Plan does need to be updated. The Planning Commission uses the General Plan as a guide. The proposal is to use a portion of the property for the Public Works building and the rest for a trail and trail head. The Cedars Development Agreement identifies four types of land, which include golf course, non-buildable open space, park and trail, and public facilities. Plat K, which is the proposed site for the Public Works building, was purchased for $122,000. The 30% open space requirement for The Cedars project was far above the City’s requirement. The proposed parcel is about 9.45 total acres. East of the aqueduct is about 3.5 to 4 acres with the remainder five plus acres on the west of the aqueduct. The projects will use about 3 acres. The parking lot is conceptual and is not in the Capital Improvements Plan. It can be included with the project and landscaped with grass, etc. The design would take City Council approval. There are sufficient revenues from park development impact fees for these types of projects. The property was put into the H-1 Hillside Development Zone as a blanket zoning. There were no specific needs or requirements. Question - should restrictions in the current zone be required in the new zone. Some agreed and others disagreed Commissioner Petersen stated that the responsibility of a Planning Commission member is to uphold the City Code. He wants to make sure the City has done a proper evaluation. He referred to Section 10-4D-1B of the City Code, which states, It is hereby declared that the intent and purpose of the city council in establishing the H-1 hillside development zone is to: 1. Delineate environmentally sensitive areas within the city and to establish standards and guidelines for the uses and development activities occurring therein that recognize and appropriately balance: a) the need for the preservation of the natural environmental conditions; b) the need for mitigation of potentially adverse or unsafe conditions arising from development activities; c) the protection of the interests of subsequent purchasers and occupants; and d) the rights of current owners to the reasonable use of their property. 2. Avoid or mitigate the effect of natural hazard from earthquake, landslide, flood, fire and similar calamities, and to reduce the potential for subsequent public involvement or expenditure in mitigation of such adverse or unsafe conditions occurring as a result of disruption of natural conditions from development activity.

Councilmember Perry stated that the aesthetics are very important. One resident may want it native and another may want a park. It is a subjective issue. Mayor McGee stated that the City Council, Planning Commission and Parks and Trails Committee make determinations with respect to aesthetics. Commissioner Petersen stated that he is concerned with the storage of machinery and equipment. He is not concerned about the ability to build simply because it is in the H-1 Hillside Development Zone. He referred back to Section 10-4D-10, Special Provisions, Paragraph A, Grading. He referred to Section 10-2-1, Definitions, that states, BUILDABLE AREA: A lot or portion thereof possessing all of the following physical characteristics: A. The area contains no territory having a slope of thirty percent (30%) or greater. B. The area contains no territory that is located in any identified floodplain or within any recognized inundation zone, mudflow zone or zone of deformation, or lands subject to earth slippage, landslide or rockfall. C. The engineering properties of the soil provide adequate structural support for the intended use. D. The area does not possess any other recognized natural condition that renders it unsafe for building purposes. He would like to see a map showing the non-buildable areas, a geotechnical report, and a drainage and natural conditions map. The intent of the zone is protection from fault lines, etc. This area is a geological debri field. David Bunker stated that the geotechnical report will be done for the building because of the footings and foundation. The site will drop in elevation, about 20' in some spots. The geotechnical report cannot be done at this time. Settling issues will be identified in the geotechnical report. Commissioner Kroes stated that he is not concerned with modifying a manmade slope but how to get around the issue of the natural slope not being touched. Commissioner Petersen stated that the general plan talks about erosion control. Councilmember Perry stated that in this case there is currently all the water coming down and creating channels. These ravines were once water ravines. The City has allowed the building of houses and installed a storm drain system. The water is not a concern now. It is only the rain falling on that parcel itself. Commissioner Petersen stated that developers are required to bring in a grading plan before they make a change. He is not prepared to give a site plan approval at this time. Commissioner Volden clarified the intent of the meeting tonight was to receive input from the City Council and staff on the proposal for rezoning and the site plan.

MOTION: Commissioner Volden - To recommend to the City Council to amend the Zone Map to change a portion of area currently in the H-1 Hillside Development Zone to Public Facility Zone located at 10300 North between Canyon Road and Bayhill Drive. No second. Motion dies.

Further discussion regarding the zone change and what is appropriate for the zone. From the Special Planning Commission meeting on February 9, the Commission wasn’t sure if the City Council had bought into building on this site. Councilmember Perry stated that fundamentally, with this site some things are certain. Nothing can be built on top of the aqueduct. There will be a trail and a trail head near the existing pump station, which amounts to a public use anyway. Councilmember Richardson stated that Section 10-4J-3A reads, APPROVAL PROCEDURE: A. Specified: Approval for the placement of the zone and for the location and layout of uses within this zone shall be obtained from the city council, following recommendation of the planning commission in the manner required for an amendment to the zoning ordinance. Commissioner Kroes asked if it would have been worth it to the Council to go ahead with excavation if it had cost more and then found out it wouldn’t work. Councilmember Bowman stated that it will be used for something. Councilmember Lowder stated that no matter the use, it will be a productive grading to make the land useable. David Bunker stated that it comes down to useable area and balancing the cost for the useable area. A plan was given to everyone showing the existing and proposed topography. If the property is used for something else, the topography may not be substantially different. Nothing was identified as a use when the property was purchased. Discussion regarding the identified use and funding source for the property.

Discussion regarding other sites. A number of sites were evaluated. The site on 4800 West was not really considered because there is a better economical use for it. The consensus of the Council is that this proposed site is an option. A lot of misinformation has been going around. The City has to have a pubic works facility somewhere at some time. The question at hand is a rezone and excavation to save $100,000. Cedar Hills is a bedroom community. Any City facility will be in close proximity to residents. The best option was the property by the golf course in Highland City. The proposed building is designed for City buildout so no expansion will be necessary. Concerns were expressed regarding rezoning the entire parcel or just the needed area for the building. Rezoning just the building area may show the community that the City is not trying to use a large part of the land. The remaining area can be designated as open space but that doesn’t keep a future Council from making a change. The City is moving toward putting all parks and trails into the Public Facility Zone. Eric Johnson stated that there are areas in a community designated as open space. Under Utah law this is a restrictive covenant in perpetuity when a city is the beneficiary. No one can build on that land. However if a city acquires land thereafter, then there is a legal doctrine in which the easement for open space is held by the city. If a city acquires land under doctrine of merger, the easement merges into fee simple title of that land and disappears because both are owned by the same entity. This is the same for any easement on any parcel and would be true on an open space easement. A public travel easement or access easement would fall under that same doctrine. The city then purchases the property and the easement merges in. It doesn’t matter what kind of easement. It becomes meaningless.

Commissioner Petersen reviewed the motion from the draft minutes from February 9. Everything was accomplished tonight except item 4, which was scheduling another public hearing.

Concerns voiced in that the public has not been allowed to make comment. Mayor McGee stated that he would allow the public to speak after the vote is taken. C. Richardson preferred to have public comment before any vote so the Commission could use that information before voting.

Aye - Commissioner Kroes

Commissioner Maxwell

Commissioner Petersen

Commissioner Steele

Commissioner Volden Motion passes.

Mayor McGee opened the floor to residents to speak limiting comments to three minutes.

Tracy Roberts lives on 3900 West. She voiced concerns regarding the excavation and the impact on residents in the area. She is coming up on six years living in Cedar Hills and every time there is excavation, she has to reroute water and can’t finish her basement because of that. Water has come into her basement every year since she has lived here. A lot has to do with her builder and the property but a lot is due to development. She has tried to change her property so the water doesn’t come into her basement. Water came from 10400 West when her home was built. She has a lower basement and receives 3" of water. She piped and rerouted the water. When the LDS Church was built, she had settling. The house is settling. The residents next door have had problems. Mayor McGee stated that he would talk to her after the meeting and could possibly help with the situation.

Jim Ferry lives on 3900 West. He stated that the question seems obvious that there is no way to protect residents from the City if the decision is made to go ahead. If excavation continues without dealing with runoff and what will occur. If the entire plan is approved and done all at once things could be mitigated. He has over $100,000 tied up in his home as well as other people around him. This is a grave concern of his and Spring is approaching. Most of the vegetation has been stripped from the property. He hopes the wall (fence) will protect his home. His property has been put at risk. If excavation continues what is the likelihood of the hill coming down when all the vegetation has been removed. Councilmember Perry stated that the City has a storm water drainage plan and storm water will be maintained on property. Mayor McGee requested that his statement not be taken wrong but there is a little hysteria from the landslide last year, which was a prehistoric area and carried other mitigating circumstances. Jim Ferry asked what is his recourse. Councilmember Bowman stated that the City has a meeting in six days. This won’t sit for a year. The plans will proceed. Commissioner Petersen stated that it appears from drawings that nothing is growing there at this time. Grading will actually benefit or alleviate the possibility of the ground sliding across the street. There is less material to slide. Councilmember Perry brought up the issue of excavation and that on Friday it continued. The City realized it needed to rezone the property for a public works facility. Mayor McGee clarified that there may have been problems and had asked David Bunker to research the issue. At that point the City stopped excavation. Jim Ferry stated that no one called him back. His concern is not because the City is planning to put the building there but because the City was not following the laws. Mayor McGee stated that the City’s intent is to follow the law. Jim Ferry stated that the City Code says vegetation cannot be removed.

Laura Ferry lives on 3900 West. Her concern is with last weeks meeting when Konrad Hildebrandt mentioned that excavation had started that day on February 9. She woke up nine to ten days before that with the same excavation noise. Her concern is that it was stated that excavation had just begun when she heard it for nine days. David Bunker stated that there was a track hoe that was digging to find if the material was suitable to sell. They weren’t digging for ten days. They were there for one day. It is called pot-holing to see what type of material was on the site. Laura Ferry stated that she heard the noise and felt it. She asked what it would be like with several city trucks. She can hear cars and big trucks. She jogs in the morning and there was something idling. That would cause a nuisance. She stated that the park directly connected to the city center is not used. The City should consider putting the trucks and building there. Mayor McGee stated that the ball field is packed all summer and the City is in need of more fields. Councilmember Richardson stated that he won’t say you won’t hear it. The question is who will hear it. The City can try to mitigate the noise. Laura Ferry stated that a chain link fence won’t mitigate anything. If the area can’t grow anything, what difference will it make. David Bunker stated that top soil will be brought in and an irrigation system installed.

Becky Hoffman lives on Bayhill Drive. This facility will be right down from her home. She really believes the Council are public servants and trying to help. Her frustration is that the residents don’t have any control. They don’t know about things. She read it in the paper. Her husband came to the last meeting. They wouldn’t be so upset if they knew the whole plan. The mudslide occurred last year and there are many homes sinking. She has a stream next to her home that puddles and stays all year. That water will wash right down the hill when leveled and go into the homes. The City needs to do more research before building. Commissioner Petersen asked that the Planning Commission discuss notification at the next meeting. He agrees to increase the ability for the public to get information.

Brent Uibel lives on Ironwood Drive. He stated that a public hearing to change the zoning from H-1 Hillside Development Zone to the Public Facilities zone was held by the Planning Commission. We may have been premature. Councilmember Perry stated that the Planning Commission just makes a recommendation to the Council. You will have a chance to speak at a Council’s public hearing. Brent Uibel stated that the City needs to go down about 30-40 feet to find stable ground. Don’t be shallow minded. There are homes out there that have gone under some piering and pinning. As far as water is concerned, there is ground water in the area that can be disturbed from excavation. He asked what kind of input the public would have as to suggestions as to the finished building and area. A chainlink fence allows plows, tires and 50 gallon drums to be viewed by the surrounding area. It will have an impact on resell ability of his house if this is an eyesore.

Vernon Davenport lives on Bayhill Drive. His view is overlooking this parcel and has an undisturbed view of the valley. He understands the need for this building. His concern is whether the building will be on top of the hill or down on Canyon Road. Maps shown. Mayor McGee stated that most of the residents on Bayhill Drive will look over the roof top. Vernon Davenport asked about potential retaining walls in the back. He liked the idea of the Planning Commission to say this is it and have an assurance that there will not be additional expansion, etc. There is a significant amount of animal life in that area that will be gone. It does affect him and it’s gone.

Jean Poch lives on Avondale Drive. She asked if the city gave permission for trucks to dump dirt off of Bayhill Drive. David Bunker stated that the property owners can dump but they can’t get a building permit on the fill area. Jean Poch wanted the Council to be aware of this. There are ten homes falling apart and more we don’t know about. David Bunker stated that they can build if they impact the dirt and use piers to native ground. The City required impaction tests on the Davenport home and it still settled. Jean Poch believes that if you let people build on those parcels those houses will fall apart.

Eric Hansen lives on Bayhill Drive overlooking this project. He thought he would have a say but it seems that every Council member is trying to sell the Planning Commission on the idea. This is the first council meeting he has ever attended. It seems the residents don’t have any options. When Commissioner Petersen read from the Code, the Mayor was saying there were exceptions to that. Who determines that? Mr. Hansen stated that the The Mayor said there is an exception to everything. Mayor McGee stated that he did not say that and Mr. Hansen is putting words in his mouth. He said there can be exception made and they can be made in every city. Eric Hansen stated that he has heard of other options other than this. He is convinced that there are other options. How much land did the City accumulate from the golf course? Councilmember Lowder stated that a decision hasn’t been made. Eric Hansen stated yes it has. Councilmember Bowman asked Mr. Hansen to inquire of those present as to why they are here and how they found out. Jim Ferry stated that Councilmember Bowman called his wife and he then created a flyer. Eric Hansen stated that he wants the feed back. Most of the time there is none here. People don’t care. The City is destroying a hillside and no one cares. Councilmember Bowman stated that she had residents tell her they would like to see a building other than homes. Eric Hansen asked that the City concentrate on roads and repairs. Councilmember Bowman stated that Mr. Hansen hit the nail on the head. The City needs a facility. Councilmember Perry stated that it’s not like the City doesn’t try. He built the forum. The City sends out newsletters. The City tries to get the word out and people don’t show up. It is frustrating. That’s why he ran for office. It turned out to be hard to get the word out. He sent e-mails to a neighbhorhood list and he understands that Mr. Hansen feels he’s out of the loop. This issue has been discussed for a year. Every month the Council has a meeting the first and third Tuesday. Every time there are issues. The City passed an issue on bonding. It was in the newspaper. Commissioner Chandler stated that he is the newest member on the Planning Commission and everyone can attest to this fact. About a year and a half ago he was just like Mr. Hansen. He chewed all these people out and found out information and came to meetings. He berated all these people including the Mayor. He was able to get a code enforcement officer in this community. If you let the staff and Council know, they will listen.

Gloria Morales lives on Bayhill Drive. She would like to see the utility bills have a schedule of the meetings.

Brent Uibel stated that he appreciates that the Council comes prepared. Councilmen in the past are not prepared and it’s a waste of his time, their time and public’s time. Mayor McGee stated that he left home today without breakfast and had half a dozen conversations with staff today. He didn’t get lunch or dinner either. Every day goes like this, not just one day a week. The Council puts in days comparable to that on many occasions. Jim Ferry stated that the burden to find out information rests on the residents. This has been a great learning experience.

Further Discussion - A site plan and grading plan will be on the web site. See handout of grading plan, which shows the current and proposed grade. The grading can proceed within the H-1 Hillside Development Zone if approved by the Planning Commission. Section 10-4D-11 of the City Code reviewed. Commissioner Petersen would like all the permits submitted. David Bunker stated that ASHTO standards require compaction at 90% on this site. Canyon Road is required to have a 95% compaction. The City can make it 95% on this site. Commissioner Kroes would like the City to keep careful track of the months precipitation. Discussion regarding drainage from the property. David Bunker stated that a separate geotechnical report will be done for this site.

MOTION: Commissioner Volden: To approve the grading plan for a portion of the area of the H-1 Hillside Development Zone to be Public Facilities Zone for the property located at approximately 10300 North between Canyon Road and Bayhill Drive subject to: a geotechnical plan, an engineering and geology report, a site plan and any fill areas to be compacted to 95% in one-foot lifts. Seconded by Commissioner Maxwell.

The required documents will be given to David Bunker, City Engineer.

Aye - Commissioner Kroes

Commissioner Maxwell

Commissioner Petersen

Commissioner Steele

Commissioner Volden Motion passes.

Councilmember Perry asked Mayor McGee to direct staff to prepare a list, prior to the meeting on February 21, of what other sites are available and why those sites are not preferred. He will do a presentation before the public hearing. Also, if this proposed location were already homes, then what would the City do. He would like staff to give a first choice, second, etc. Commissioner Petersen asked that financial data with each site be included.

Adjourn

This meeting was adjourned at 9:32 p.m. on a motion by Councilmember Richardson, seconded by Councilmember Bowman and unanimously approved.

/s/ Kim E. Holindrake

Kim E. Holindrake, City Recorder

Approved by Planning Commission:

March 30, 2006

(Changes in yellow)

Approved by Council

April 4, 2006

(Changes in orange)