CITY COUNCIL MEETING
Tuesday, October 11, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Melissa Willie, Darin Lowder, Jim Perry, James Parker, Rob Fotheringham (7:34 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Courtney Hammond, City Meeting Transcriber
Others: Adam Jaymes, Connor Cook, David Dimond, Judy Dimond, Steve Davidson, Craig Nielson, Robert Hyde, Lennard Bakker, Jace Neeley, Zachary Cromar, Kim Allgood, Brent Uibel, Mark Nelson, Charelle Bowman, Solon McGee, Spencer Winters, Hayden Newey, Kaleb Newey, Josh Gibb, Cory Newey, Derek Warnick, Eric Richardson
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 by Mayor McGee at 7:09 p.m.
Invocation given by C. Lowder
Pledge of Allegiance
2. Public Issues for Future Agendas (7:10 p.m.)
• David Dimond - Mr. Dimond received a utility bill with the Pressurized Irrigation (PI) Base Fee included. The pressurized irrigation line does not go to his house and he does not want to be charged for a service to which he has no access. Konrad Hildebrandt explained that the base rate was a City Council decision. It pays the costs of the main lines, reservoirs and other general PI costs. Everyone pays this fee whether they use PI or not. The City Council had to decide between building new culinary tanks or going to PI. The City is actively trying to get everyone access to the PI line. C. Perry pointed out that impact fees should cover growth and impact to the system. In this situation, an existing resident is bearing the cost of growth. Konrad Hildebrandt stated that the City Council decided not to collect an impact fee for PI. There are less than 12 lots that do not have access to PI. C. Perry said that it seems fair to either give everyone access to PI or not charge for those who do not have access. This item will be on a future agenda with a recommendation on providing the service or not charging.
• Mark Nelson - Mr. Nelson expressed concern about the intersection of Canyon Road and the entrance to Juniper Heights, which is Ironwood Drive. He asked the Council to put pressure on the Utah Department of Transportation (UDOT) to get a left turn lane. Often people pull into oncoming traffic thinking there is a turn lane. There will be more problems as development in Juniper Heights continues. David Bunker has called UDOT several times and talked to Doug Bassett. David Bunker asked him to come out to look at the intersection, but residents are free to call as well.
• Derek Warnick - Mr. Warnock thanked the City for voting in favor of amendments to the CC&Rs in The Cedars. There are still lingering concerns in The Cedars with the developer. The developer has deeded parts of the subdivision to other entities, specifically the park, trails and some streets. There is also an unfinished trail next to his house.
3. Approval of the Minutes from the September 20, 2005, Public Hearing and Regular City Council Meeting and the October 3, 2005, Special City Council Meeting (7:25 p.m.)
MOTION: C. Willie - To approve the minutes from the September 20, 2005, Public Hearing and Regular City Council Meeting and the October 3, 2005, Special City Council Meeting, as amended. Seconded by C. Perry.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Final Plat for The Cedars, Plat I (7:28 p.m.)
See handouts. The final plat for The Cedars, Plat I, was originally approved on May 3, 2005. There was an issue with ownership and the City attorney recommended that the City Council reapprove the plat.
There were a few outstanding issues in the Development and Annexation Agreements. (1) The completion of landscaping of the roundabout area on Bayhill Drive. (2) Retention pond landscaping at the corner of Bayhill Drive and Canyon Road. (3) Installation of traffic control devices at trail crossings. Those three items will cost an estimated $30,000. The City will retain a bond of $30,000 until those items are completed. The check for $30,000 has been received. The City also received a check covering the submission of water rights. The park also needs to be transferred to the HOA. There are no other locations that the City knows of that need to be transferred to the HOA. Craig Nielsen said he is willing to deed the trails, roads, parks, etc. to clean up the development. David Bunker said that recording of the plat defines the ownership of those spaces.
MOTION: C. Perry - To approve Ordinance 10-11-2005A, An Ordinance Approving Plat I of The Cedars at Cedar Hills PRD, at approximately 10825 North 4000 West subject to: 1) Completion of landscaping of roundabout area on Bayhill Drive, 2) Retention pond landscaping at the corner of Bayhill Drive and Canyon Road, 3) Installation of traffic control devices at trail crossings, 4) Satisfactory resolution of park ownership issue, 5) Finish all trails currently unfinished and have them appropriately deeded to the HOA, to be completed by 12-31-2005 as per approval by City Staff or cash bond for these improvements. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie
Abstain- C. Fotheringham Motion passes.
5. Review/Action on Canvass of 2005 Primary Municipal Election (7:45 p.m.)
See handouts. Kim Holindrake opened the two outstanding provisional ballots after they were verified with the County and the votes were counted. The City Council reviewed the poll books, tally lists and Disposition of Ballots.
MOTION: C. Lowder - The City Council, acting as the Canvassing Board, accepts the election results for the 2005 Primary Election held on October 4, 2005. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review/Action on Amendment to Resolution Regarding Water Storage, Treatment, and Distribution Facilities Impact Fee (7:49 p.m.)
See handouts. In October 2001, the Culinary Water Impact Fee was established at $841 for the upper zone. In November 2001, the City Council approved a reimbursement agreement with Lone Peak Links (LPL) concerning culinary water stating that the City will reimburse LPL $934 per single-family dwelling up to $957,500. The $934 comes from 1,025 homes that the culinary system would service. The City still owes $529,000. The City has only been charging units in The Cedars Development and not all the homes in the upper pressure zone. Three hundred lots, in addition to The Cedars Development, need to be charged as well to make up the difference. The City can make it up by charging all units in the upper zone in the future. The staff proposed changing the impact fee to $980 to cover the $934 plus the system-wide improvements. C. Fotheringham pointed out that the correct impact fee should be the $934 that the City agreed to repay LPL plus the $86 for system-wide improvements to total $1,020. C. Perry pointed out that the City may be overcharging for culinary because these impact fees were based on culinary water usage with no pressurized irrigation. The City will conduct an impact fee analysis this winter, which has been included in this year’s budget. C. Fotheringham asked for the staff to do a cursory analysis so the City does not have to wait six months for the full impact fee analysis.
MOTION: C. Parker - To approve Resolution 10-11-2005A, An Amendment to Resolution 10-16-2001C to Charge Upper Pressure Zone + System-Wide Residential Units $1,020 per Single Family Dwelling. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
7. Review/Action on Resolution Adopting and Interlocal Agreement Regarding Animal Shelter Services (8:26 p.m.)
See handouts. Previously Orem City acted as the animal shelter for smaller animals and South Utah County took in larger animals. The North Utah Valley County Shelter will now take all animals. All the cities north of Provo are participating in this venture. The Council was concerned about Section 5, which says that the operating budget will be divided by the number of animals serviced by the shelter for the City. The City has no idea what its share of the bill will be. The Council would like to see the operating budget and the percentage paid per city before approving this item.
MOTION: C. Perry - To table this item until the next meeting. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
Nay - C. Willie Motion passes.
C. Willie said she was frustrated that the Council had come to the meeting unprepared for this item. She reminded the Council that they receive their packets well in advance of the meeting so that they can read through the items and get any questions they have answered before the meeting.
8. Review/Action on Independent Geotechnical Engineer (8:44 p.m.)
See handouts. The City has met with representatives from Highland Homes and AMEC. Studies have been done and it is anticipated that the draft copy will be ready by October 31, 2005. AMEC will be collecting more data throughout the rainy season; that data might change the mitigation. The City will then take that the October 31, 2005, report and contract with an independent geotech firm to ensure that the City is comfortable with the findings of the report and the mitigation efforts. It will take at least 30 days to review the report. Staff recommended that the City contract with Goulder Engineering in Denver, Colorado. They are a worldwide firm that is well respected. For $10,000, they will act as the City’s consultants. C. Fotheringham expressed concern about being an arbiter by approving a plan. He questioned whether the City would then be liable if something happens in the future. David Bunker said that he believes the City is acting in the residents best interest, not as an arbiter.
MOTION: C. Fotheringham - To table this item until after Executive Session. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action to Purchase Park Property (9:00 p.m.)
See handouts. The landslide remediation team (Highland Homes, AMEC, Stanco, and Lone Peak Links) has been working toward a financial resolution. It has proposed that the City participate by buying and developing a park on the landslide site, approximately three quarters of an acre, with an agreement that the HOA maintain the park. C. Perry pointed out that the HOA already owns all the property other than the footprint of the building. The initial agreement was for the remediation team to donate the land and the City would develop the park. C. Perry pointed out that this park would be a cheap park and the Parks and Trails Committee says the City needs more parks.
MOTION: C. Fotheringham - To table this item until after Executive Session. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. City Manager Report and Discussion (9:10 p.m.)
• The Code Enforcement Officer’s report is in the Monthly Management Report. The pricing on camera surveillance is also in the Management Report.
• Mayor McGee and a City Council member need to meet with Lewis and Young for a survey with MAG. No Council member was interested in attending. Mayor McGee and staff members will attend.
• Final improvements will be up at the semaphore on 4800 West/Cedar Hills Drive on UEA weekend.
• Waste Management has submitted a recycling proposal for both mandatory ($3.40) and voluntary basis ($5.00). This will be on an agenda after the first of the year.
11. Board and Committee Reports (9:15 p.m.)
• C. Parker - There was a lively Planning Commission meeting. The commission asked the Staff to identify all irregular shaped lots in the City. Konrad Hildebrandt, Brad Kearl and Kim Holindrake proposed front, side and rear lot lines for those lots. The Planning Commission came to an impass got stuck with side and front lot lines on corner lots. They addressed the ordinance for irregular lots that Rodney Despain prepared and then asked for additional changes. The existing irregular lots will be an attachment to that ordinance. A resident in Canyon Heights Plat G is asking for a change to the front setback on Lot 6. The City staff is investigating what needs to be done.
• C. Fotheringham: Report from the Lone Peak Public Safety District meeting - Konrad Hildebrandt presented an emergency plan. C. Fotheringham raised questions with the plan, primarily what constitutes an emergency that hands sovereignty to the Public Safety District. This should be a discussion in a future meeting.
• C. Willie: An Open House for the proposed Canyon Heights Park will be held at the City building on Thursday, October 13 at 8:00 p.m.
12. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:28 p.m.)
MOTION: C. Parker - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
* * * EXECUTIVE SESSION * * *
13. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:00 p.m.)
MOTION: C. Fotheringham - To adjourn Executive Session and reconvene City Council Meeting. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Lowder - To go into Executive Session. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Fotheringham - To adjourn Executive Session. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Independent Geotechnical Engineer (10:10 p.m.)
MOTION: C. Parker - To approve a contract for an Independent Geotechnical Consultant as recommended by the City Engineer for an amount not to exceed $10,000. Second C. Perry.
C. Fotheringham asked where the money would come from. Konrad Hildebrandt said it would be on a future agenda as a budget amendment and would probably come from unrestricted fund balance.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action to Purchase Park Property (10:13 p.m.)
MOTION: C. Lowder - To approve the park land development for irrigation, up to $20,000. No second. Motion dies.
MOTION: C. Lowder - To approve the park land development for The Cedars up to $20,000 for irrigation, sod, playground equipment, and benches for the betterment of the community. Seconded by C. Willie.
Aye - C. Fotheringham
C. Lowder
C. Willie
C. Parker
Abstain- C. Perry Motion passes.
Mayor McGee will negotiate work on the land contingent on Council approval.
14. This meeting was adjourned at 10:17 p.m. on a motion by C. Fotheringham, seconded by C. Parker and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
November 1, 2005