PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, May 20, 2008 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Marisa Wright, Charelle Bowman, Ken Kirk, Eric Richardson
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Greg Robinson, Assistant to the City Manager-Planning
Courtney Hammond, City Meeting Transcriber
Others: Cliff Chandler, Shawn Richins, Tony DuPreez, Tonya Edvalson, Jacob Durtschi, Lisa Durtschi, Diane Kirk, Kyle DuPreez, Tiffer Jenkins, Mike Villarruel, Brent Godfrey
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 7:10 p.m. by Mayor McGee.
Invocation given by C. Kirk
Pledge of Allegiance led by Mayor McGee
2. Public Comment (7:12 p.m.)
• Tiffer Jenkins: Mr. Jenkins said that the park strip that is part of hole 16 on Centennial was not maintained last year. He has installed a new sprinkler system and requested that the City maintain the strip.
• Tony DuPreez: Mr. DuPreez stated that he is part of the boundary line adjustment with Pleasant Grove. He is glad that he will eventually be annexed into Cedar Hills. When he is annexed into Cedar Hills, he will need to be annexed into a specific zone. His plan layout requires a slightly smaller zone, and he is requesting to enter in the R-1-11,000 Zone. Mayor McGee recommended working out the dynamics of what needs to happen with Greg Robinson.
• Tonya Edvalson: Ms. Edvalson is a resident of The Cedars. She requested that the City maintain the park strip on Centennial. She was notified by C. Kirk that development on Centennial is on the table. She doesn’t know how she feels about it yet, but she wants the Council to be mindful of personal injury and property damage issues with golf balls. She also asked that the City be realistic with the financial goals of potential development. She publicly commended Jim Madsen for his management of the golf course.
• Michael Villarruel: Mr. Villarruel stated that there is currently a 12-foot trail to the south of his house. He would like to know what is going to happen to the trail. If there are no plans, he would like to look into the possibility of getting the trail divided between the two homeowners. Greg Robinson will work with Mr. Villarruel.
3. Proposed amendments to the Zone Map to change Juniper Heights, Plat D, Lot 12, currently zoned TR-1 Townsite Residential Zone to the PF Public Facilities Zone. The property is located at 10440 N. Mesquite Way. (7:26 p.m.)
4. Proposed amendments to the Zone Map to change Juniper Heights, Plat D, Lots 3 - 11 and 13 - 19, currently zoned TR-1 Townsite Residential Zone to the PR2.2 Planned Residential Zone. The property is located at approximately 10400 to 10500 North and 4000 to 4300 West. (7:26 p.m.)
5. Minutes from the May 6, 2008, Public Hearing and Regular City Council Meeting (7:27 p.m.)
MOTION: C. Kirk - To accept the consent agenda, the minutes from the May 6, 2008, Public Hearing and Regular City Council Meeting. Seconded by C. Bowman.
C. Wright Motion passes.
6. Review/Action on Golf Course Reconfiguration (7:28 p.m.)
Konrad Hildebrandt stated that the sides of the river were shored up to protect the golf course and the bridge connecting holes 6 and 7. The runoff is flowing nicely and improvements are working. He met with Questar representatives on the tee box issue. Questar maintains that the tee box is a safety issue. The easement does not prohibit the construction of the tee boxes. Golf course advertising will continue through September. The new tee boxes opened over the weekend. They are all playable, though not totally grown in. The City has talked to three separate developers about minimum bid figures for St. Andrews Estates. The original minimum price is $3.6 million. The staff recommendation is now $3,212,500. Staff recommended using a real estate broker at a 1% commission for the sale of the property.
• C. Kirk stated that he feels the minimum bid price is low, especially considering the golf course and views. He would propose a minimum bid of $3,500,000.
• C. Wright stated that she would like to offer a real estate agent a commission of .5%.
• C. Richardson stated that he would favor raising the commission to 2% to get an agent that will work hard to market the property and put it high on the priority list. Commercial agents have an impressive list of contacts, and the City needs a good agent.
• C. Bowman stated that she would like to meet the real estate agent that represents the property to get an idea of how they will market the property.
• Mayor McGee stated that a previous developer thought that lots could go for $15,000-$25,000 more. He would like to set a minimum bid of $3,762,500, have professional real estate agents submit proposals with a desired commission, decide on an agent, and have the agent reassess the minimum bid.
MOTION: C. Richardson - To move forward with a minimum bid of $3,789,000 and instruct staff to contact at least six commercial realtors from different offices to discuss with them listing the property at 2% commission, to change the contact information to whomever that party is following the execution of a signed contract, and to move forward with a July 31 bid date. Seconded by C. Wright.
C. Wright Motion passes.
• Mayor McGee said that there was the potential for development of lots on Centennial.
• C. Kirk said he has been in contact with several members of The Cedars neighborhood. In talking with them he has come to the understanding that there are dynamics of which he was unaware. He would like to do more research before continuing with the discussion.
7. Review/Action to Participate in the Utah County Public Safety Dispatch Special Service District (7:58 p.m.)
Konrad Hildebrandt stated that Utah County and Utah County commissioners are proposing a county-wide Public Safety Dispatch Special Service District. The advantage is that all members of the District would have representation. Currently there is no representation. The County is asking for cities to approve putting it on the November ballot.
• Mayor McGee is in favor of this, though he is concerned that the creation of a special taxing district will relieve the County Commission of paying with the taxes that they currently generate. There is no corresponding decrease in taxes paid to the County that were previously paid for dispatch. However he is in favor of the agreement because better dispatch is needed.
• C. Bowman stated that she would like to know what it will cost first.
MOTION: C. Richardson - To indicate intrigue and maybe even some support for the concept of a Utah County-wide dispatch special service district based on the limited amount of information available at this time, however expressing some concern that this will ultimately be a new tax. Seconded by C. Bowman.
• Mayor McGee said that the Council is not creating anything tonight. It is just giving approval to send it to the ballot.
• C. Bowman stated that she would like to change the motion to change the county commissioner’s tax to offset the new taxes created by the special service district.
• C. Wright has talked to her neighbor who works with the sheriff’s department. He said that if American Fork and other communities support it, Cedar Hills needs to join. She is tired of being the council that holds everything up, and wondered why there was hedging in the motion.
• C. Richardson said that he cannot support this proposal carte blanch without the details on the service agreement, city representation, proposed tax increase, and other items that can make or break the proposal. It sounds good on the surface, but there are few details available at this time. C. Richardson said that the county commission doesn't need city approval to place this on the ballot. The reason they are coming to the cities is for their blessing. But cities can only bless it so much without further details being provided. He would like the county commission to continue on the path but realize that there is still much work to be done.
No - C. Kirk Motion passes.
8. Review/Action on Memorandum of Understanding with USDA - Forest Service, Uinta National Forest (8:16 p.m.)
Konrad Hildebrandt stated that the City has met with the Forest Service who submitted a memo of understanding with the intent of partnering with the City in limiting unauthorized motorized travel and treating of noxious weeds. This does not obligate the City to use any funds. Greg Robinson stated that the Forest Service has said they are willing to pay for weed abatement.
• C. Kirk stated that he feels the stated goals can be accomplished without entering into an agreement.
• C. Bowman stated that she is worried that the agreement may lead to requests for funds. She said some of the goals of the agreement are addressed by the ordinance the City Council passed on motorized traffic on the City trail. She would like to ensure that ordinance is enforced.
• Mayor McGee stated that he does not like the Forest Service’s active goal to close roads to motorize travel. He believes that public land should be accessible to the public. In item 3, Commencement/Expiration/Termination, he does not want the City to be bound to a 60-day notification. He would agree to, at-most, a 10-day notice of termination. He does not like laws on the books that the City does not intend to enforce. He is uncomfortable with the portion of the agreement that states that the City will partner with the Forest Service on enforcement.
• C. Wright agreed that public lands should be for enjoyment of the public, though she does not believe that needs to be motorized enjoyment. There are ways to enjoy the environment without damaging it. She is in favor of the agreement with the Forest Service. She does not believe that means the City is obligated to pay for anything it doesn’t want to pay for. She would like increased signage on the hillside roads and believes that signage does limit law-abiding citizens.
• C. Kirk stated that he likes the idea of public lands being open to the public and believes that means all the public including those that may like using the roads for motorized use. He feels that prohibiting motorized use is discrimination against certain forms of recreation. As a disabled veteran, he chooses not to walk, but enjoys using his ATV. Not allowing him to do so is discrimination.
MOTION: C. Wright - To approve the memo of understanding with the USDA with the exception to change E3 from 60-day written notice to 10-day written notice to the other party. No second. Motion dies.
• C. Richardson stated that he would be willing to work with the Forest Service on weed control because it is a common interest. The weed problem is due in large part to Forest Service mismanagement. He is willing to work with them on specific projects, but does not support an overarching agreement.
• C. Wright stated that at some point, the hillside scars need to be regrown. She thinks our generation should do it. She appreciates what has been said. Perhaps specifically outlined trails can be outlined for motorized purposes.
• Mayor McGee said that if the Forest Service existed then as it does now, the state would not be populated like it is, and trails would not exist.
MOTION: C. Richardson - To continue this item until we have more information. No second. Motion dies.
• C. Wright stated that her feelings have nothing to do with the fact that she lives by the trail. She would feel the same way if she lived far from the trail.
MOTION: C. Kirk - To not approve the memo of understanding with the USDA as it is written. If they would like to come back with another agreement designating specific trails and specific plans for noxious weeds, the City would entertain that plan. Seconded by C. Bowman.
No - C. Wright Motion passes.
9. Review/Action Adopting an Ordinance on Amendments to the Zone Map to change Juniper Heights, Plat D, Lot 12, currently zoned TR-1 Townsite Residential Zone to the PF Public Facilities Zone. The property is located at 10440 N. Mesquite Way. (8:42 p.m.)
Greg Robinson stated that this is a housekeeping item. The City is in the process of building Mesquite Park and realized it is not designated as a PF zone.
10. Review/Action Adopting an Ordinance on Amendments to the Zone Map to change Juniper Heights, Plat D, Lots 3 - 11 and 13 - 19, currently zoned TR-1 Townsite Residential Zone to the PR2.2 Planned Residential Zone. The property is located at approximately 10400 to 10500 North and 4000 to 4300 West. (8:43 p.m.)
Greg Robinson stated that the Planning Commission has recommended approval of the zone change. This area is more closely associated with the Juniper Heights subdivision and should carry the same zoning.
MOTION: C. Richardson - To approve Ordinance 5-20-2008A, and ordinance amending the zone map of the City to change a portion of area currently in the TR-1 Townsite Residential Zone to the PR 2.2 Planned Residential Zone and PF Public Facilities Zone; and providing for the adoption and administration of this Ordinance. Seconded by C. Kirk.
• C. Bowman disclosed that she owns property in the area that is being changed. The Council discussed this change before lots went for sale, and the change does not affect the value of the land.
Vote taken by roll call. Yes - C. Bowman
C. Wright Motion passes.
11. City Manager Report and Discussion (8:45 p.m.)
• Recently a City Council member asked staff about some issues where staff did not provide information to residents. In both cases cited, the residents did not get the answer they wanted, though staff did respond promptly. C. Wright said that she feels that City staff does a great job in responding to resident problems.
• There was discussion on raising the solid waste and recycling fees. Staff analyzed costs and will send out the data. Actual cost for the first garbage toter is $10.83 and the proposed fee change was to $10.80.
• The calculated tax rates probably won’t be ready until the second meeting in June.
• The American Fork Police Department is working on vandalism leads. Shawn Richins was asked to give a report at the next meeting.
MAYOR AND COUNCIL REPORTS
12. Board and Committee Reports (8:58 p.m.)
• C. Bowman: National Trails Day is June 7. There will be a scavenger hunt and promotion for Adopt-a-Flowerbed. A location for shooting the fireworks needs to be determined.
• C. Kirk: The Solid Waste Special Service District met and discussed projections. In 2012, the contract with the landfill runs out. Tonnage costs will increase at least $6. Waste Management is picking up solid waste and taking it to the recycling facility to determine how much solid waste is made up of recyclables.
• C. Richardson: Requested an update on the Family Festival in a work session. UTOPIA hired a new executive director and approved a bond refinance. iProvo was bought out and has partially bought MStar and fully bought Veracity.
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
This meeting was adjourned at 9:24 p.m. on a motion by C. Bowman, seconded by C. Richardson, and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
June 3, 2008