CITY COUNCIL MEETING
Tuesday, November 15, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
This meeting was held electronically via telephone to permit one or more of the
Council Members to participate.
Present: Mayor Mike McGee, Presiding
Council Members: Melissa Willie, Darin Lowder, Jim Perry, James Parker (7:42 p.m. via telephone)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Courtney Hammond, City Meeting Transcriber
Others: Eric Richardson, Scott Rankin, Cameron Rankin, Jacob Eagar, Tony Gunderson, T.J. Gunderson, Bennett Lloyd, Zonda Perry, Charelle Bowman, Tom Walton, Trey Walton, Daryn Smith, MacCoy Smith, David Lone
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 7:05 p.m.
Invocation given by C. Perry
Pledge of Allegiance
2. Public Issues for Future Agendas (7:06 p.m.)
No comments.
3. Approval of Minutes from the November 1, 2005, Regular City Council Meeting (7:07 p.m.)
MOTION: C. Perry - To approve the minutes from the November 1, 2005, Regular City Council Meeting. Seconded by C. Willie.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
4. Review/Action on Driveway Access for The Cedars, Plat C, Lots 9 and 10 (7:08 p.m.)
See handouts. David Bunker reported that the original driveway access for Lots 9 and 10 went all the way from Shinnecock to La Quinta; Lot 11 has driveway access on La Quinta. This proposal makes a hammerhead driveway access that serves Lots 9 and 10. The only issue is garbage pickup. Garbage totes would need to be wheeled out to Hayes Circle or Shinnecock.
MOTION: C. Willie - To approve the proposed change to driveway access for The Cedars, Plat C, Lots 9 & 10. Seconded by C. Lowder
C. Perry asked if owners have been consulted. David Bunker said that some of the owners that have access on Shinnecock have requested that the driveway be changed so that they do not have a driveway running through their back yard.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
5. Review/Action on Variance for Canyon Heights, Plat G, Lot 6 (7:17 p.m.)
See handouts. Kim Holindrake reported that Canyon Heights, Plat G, Lot 6 is a flag lot. Sowby & Berg drew the setback straight back along with the other lots, resulting in a 54-foot front setback. The 54-foot setback would push the home back onto fill dirt. The owners are requesting that the setback be changed to the standard front setback of 30 feet. The best process to change the setback requirement is to prepare a Release of Building Setback document. This document would be recorded at the County so that any title search would reveal the change.
MOTION: C. Lowder - To make the following finding regarding a variance for Canyon Heights, Plat G, Lot 6: (1) The revised lotting plan does not create a hazardous condition. Emergency vehicle access has not been negatively compromised, (2) Varying from the designated setback envelope is appropriate for the zone and property location, (3) The recording of the existing building envelope was approved by the City, but approval was based on an incorrect designation of the front lot line and proper setback distance, (4) The revised lot plan does not change the development’s density nor open space between dwellings. It also complies with the Zoning Regulations for the zone in which it lies. Furthermore, pursuant to Paragraph 2 of Section 10-6B-7E of the Cedar Hills Zoning Ordinance, the City Council approves the variance to a 30-foot front setback and authorizes the Mayor to sign the Release of Building Setback subject to the following conditions: 1) Engineering, 2) Fire Chief approval, and 3) Legal review. Seconded by C. Willie.
C. Perry stated that he is the owner of Lot 6. Normally, he would abstain from voting. Because there are only three council members present, if he were to abstain, the Council would be denying the recommendation of the Planning Commission. C. Perry attended the Planning Commission meeting where this issue was addressed, as did C. Parker. C. Perry talked to C. Parker about the issue at that meeting. He is confident that C. Parker would vote yes. For these reasons, C. Perry will vote tonight.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
6. Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for The Cedars, Plat E, Phase 4 (7:25 p.m.)
See handouts. David Bunker reported that the final walkthrough of The Cedars Plat E, Phase 4, subdivision has been conducted. There were a number of items to be addressed, and they were addressed. The landscaping cannot be completed as planned. There have been landscaping issues in other phases of this development. The developers are preparing an alternate landscaping plan. Landscaping bonds for each phase in this development is being held by the City. He recommends that they go into durability and continue to hold all of the landscaping bond money.
MOTION: C. Willie - To approve acceptance of subdivision improvements, release of the performance guarantee, except for that portion relating to landscaping, and the start of the durability period for The Cedars Plat E, Phase 4. Seconded by C. Lowder.
C. Perry said that there are some units with settling problems and piers have been installed. He asked how that relates to the bond. David Bunker stated that the settling problems are not relevant to the bond. The subdivision that it is not out of durability; the City is holding the landscaping and 20 percent of the public improvement bond.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
7. Review/Action on Release of Durability for Canyon Heights, Plat B (7:32 p.m.)
See handouts. David Bunker reported that Canyon Heights, Plat B, improvements have been installed. Curb and gutter has been replaced and is in compliance with City standards. Staff recommends release of durability. With that action, the subdivision is 100 percent City maintained.
MOTION: C. Lowder - To approve final acceptance of subdivision improvements of Canyon Heights, Plat B, and release of the durability bond. Seconded by C. Willie.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
8. Review/Action on Release of Durability for Canyon Heights, Plat C (7:35 p.m.)
See handouts. David Bunker reported that Canyon Heights, Plat C, is Pine Hollow Drive and connects to The Cottages area. Staff recommends release of durability.
MOTION: C. Willie - To approve final acceptance of subdivision improvements of Canyon Heights, Plat C, and release of the durability bond. Seconded by C. Perry.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
9. Review/Action on Release of Durability for The Cottages at Canyon Heights, Plat B (7:38 p.m.)
See handouts. David Bunker reported that the bond has been held in excess of two years. The developers paid $25,000 toward the development of a park. It needs to go into the budget for those improvements.
MOTION: C. Perry - To approve final acceptance of subdivision improvements for The Cottages at Canyon Heights, Plat B and release of the durability bond. Seconded C. Willie.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
10. Review/Action on Resolution Adopting an Amended Interlocal Agreement with Utah Local Governments Trust (7:39 p.m.)
See handouts. The City has previously entered into an Interlocal agreement with Utah Local Governments Trust for risk and health/dental insurance coverage. The Trust has recently provided Workers Compensation insurance. The current agreement does not make provisions for Workers Compensation. This would amend the agreement to allow Workers Compensation. It also changes how the board is to be set up. This amendment removes the requirement of a minimum number of board members from each entity. The City has no representatives on the board.
MOTION: C. Willie - To approve Resolution 11-15-2005A, A Resolution Authorizing the Mayor to Execute an Amended and Restated Interlocal Agreement Creating the Utah Local Governments Trust. Seconded by C. Perry. Vote taken by roll call.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. Review/Action on Pressurized Irrigation Base Fee (7:48 p.m.)
See handouts. Staff was asked to locate the homes in the City that are being charged the base fee of $9.95 for Pressurized Irrigation (PI) but do not have access to the system. Staff has located six residents who do not have access. These residents are on Manila Water, not Cedar Hills culinary water. The cost to extend the service to them varies from $1,000 to $5,000. Staff recommends that the base fee be waived until the City can provide the service to them.
MOTION: C. Perry - To approve action to waive the Pressurized Irrigation base fee for lots that do not have access to the pressurized irrigation system. Seconded by C. Lowder.
C. Parker asked if any of the lots have been charged the base rate in the past; none have.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
12. Review/Action on Canvass of 2005 General Municipal Election (7:53 p.m.)
See handouts. The City Council reviewed the poll books, tally lists and Disposition of Ballots.
MOTION: C. Perry - The City Council, acting as the Canvassing Board, accepts the election results for the2005 General Election held on November 8, 2005. Seconded by C. Willie.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
13. City Manager Report and Discussion (7:58 p.m.)
• City staff competed to see which department could make their Monthly Management Report most useful and readable. C. Perry recommended better pictures for City staff.
• C. Perry asked that a job description for Community Services Director be e-mailed to the Council.
• The auditors will be at the next Council meeting.
14. Board and Committee Reports (8:05 p.m.)
• C. Willie - There will be one Animal Shelter meeting in December.
• C. Perry - AMEC, Highland Homes, and others were supposed to have a report done by the end of October November. Konrad Hildebrandt stated that it is in the Council boxes. C. Perry would like to write an update for residents. Some homeowners of the condemned units have not seen resolution. The City can talk to the remediation team about what is going on.
• C. Parker - The Cedars Homeowners Association election is scheduled for December 3. C. Perry pointed out that there needs to be a special meeting to authorize the Mayor to vote in the election. The meeting will be Tuesday, November 29 at 7:00 p.m. An MBA meeting also needs to be scheduled. C. Parker said that for the time being American Fork does not intend to charge non-residents for recreational services.
• Mayor McGee: There will be a meeting Thursday at 12:30 p.m. with the developers of the commercial district and landowners. They have requested that the Mayor and two Council Members come to the meeting. C. Perry and C. Willie offered to attend.
15. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
No Executive Session held.
16. Motion to Adjourn Executive Session and Reconvene City Council Meeting
17. This meeting was adjourned at 8:21 p.m. on a motion by C. Willie, seconded by C. Lowder and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
December 6, 2005