CITY COUNCIL MEETING
Tuesday, January 17, 2006 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Charelle Bowman, Darin Lowder, Eric Richardson, Jim Perry, James Parker
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Rodney Despain, City Planner
Eric Johnson, City Attorney
Courtney Hammond, City Meeting Transcriber
Others: Mark Edminster, Jared Page-Deseret Morning News, Melissa Willie, Brent Uibel, David Kirkpatrick, Russell Smart, Gloria Smart, Zonda Perry, Tom Hutchison-Waste Management, Greg Walkenhorst-Waste Management, Barbara Christiansen-New Utah, John Heiner, Nathan Holt, George Liechty, Tyler Liechty, Mark Nelson, Jamon Roberts (7:12 p.m.), Jeremiah Roberts (7:12 p.m.), Jeff Roberts (7:12 p.m.), Spencer Clements (7:17 p.m.), Brad Mock (7:19 p.m.), Michael Gallagher (7:19 p.m.), Devin Haueter (7:19 p.m.), Bryce Larsen (7:19 p.m.), Chris Gallagher (7:19 p.m.), Ryan Christensen (7:19 p.m.), Skye Larsen (7:19 p.m.)
(These minutes were created from notes made during the meeting.
The audio tapes did not record.)
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 7:03 p.m. by Mayor McGee.
Invocation given by C. Richardson
Pledge of Allegiance
2. Public Issues for Future Agendas (7:05 p.m.)
• Brent Uibel - Mr. Uibel was concerned with the construction traffic on Ironwood Drive. He asked the Council to do something to enforce the agreement that construction traffic enter and exit through Bayhill and Cottonwood. Staff said they can put a sign at Ironwood to direct construction traffic to Bayhill. Mr. Uibel has met with the City Engineer to survey traffic speeds on Ironwood. He would like more done to calm traffic speed in the area.
3. Approval of Minutes from the January 3, 2006, Regular City Council Meeting (7:11 p.m.)
MOTION: C. Richardson - To approve the minutes from the January 3, 2006, Regular City Council Meeting, as amended. Seconded by C. Bowman.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
Mayor McGee referred to a newspaper article featuring Highland’s mayor instituting a new meeting style that starts with a motion and is then followed by discussion. Mayor McGee asked Council members to come to the meeting prepared to make a motion. Discussion would then follow.
4. Review/Action Regarding Curbside Recycling (7:19 p.m.)
See handouts. Greg Walkenhorst and Tom Hutchison from Waste Management were present to propose a curbside recycling program. Some time ago, Waste Management proposed a mandatory recycling program that the Council rejected. This time, they presented the same mandatory program at a reduced price, and also a three-tiered voluntary program. Currently there are two fees associated with Waste Management: the pick-up fee and the tipping fee based on tonnage. With recycling, the pick-up fee would remain the same, but the tipping fee would be reduced. There are a number of reasons to start a recycling program, but primarily it is the right thing to do for the environment and it is a value-added service to the City and its residents. Waste Management estimated that the City would save up to $1,000 a month in tipping fees. This program would be provided every other week on the same day as regular trash collection. The can would be the same size as the garbage totes.
C. Lowder said if the City saves money through recycling, those who are participating in the recycling, and thus driving the savings, should be the ones that see the rebates. Tom Hutchison stated that across the country, there is a 7-11 percent contamination level. Drivers have a notice to notify residents if they recognize that there is something that doesn’t belong in the recycling tote. A packet of recycling information comes with the tote to educate residents.
Waste Management invests money to get the recycling program going. As a result, they are asking for a two-year extension to the regular contract term. Waste Management would like to work with the City to get some sign-up rosters in the next newsletter. The program would start once there are 300 participants. The anticipated start date is April 1. The margin on recycling is considerably smaller for Waste Management. Mayor McGee, C. Lowder and Melissa Willie all committed to the recycling program when it was previously presented. Staff recommends an additional 25-cent administrative cost per subscription to cover administrative costs of starting the service. The fee schedule would need to be amended to add the 25-cent administrative cost. C. Perry suggested approving the recycling contract tonight without addressing the new fee at this time. Konrad Hildebrandt said that this recycling program needs to come with a contract.
MOTION: C. Parker - To allow the Mayor to enter into a contract with Waste Management for a voluntary curbside recycling program and two-year contract extension following review of the contract by legal counsel and contingent on the recycling program actually going into effect. Seconded by C. Richardson.
C. Bowman pointed out that the contract includes a two-year extension and it might be a good time to lock in the current prices as part of the two-year contract. C. Perry said that he would want to insure that it is financially beneficial to do so. C. Lowder would like the Council to keep in mind that the rebate should go back to those that drive the savings.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
Greg Walkenhorst reported that Waste Management is starting a new program called Waste Watch. Drivers are being trained to watch for any suspicious activity they see during their route and report it to the proper authorities.
5. Review/Action Regarding RC Management Contract (7:53 p.m.)
MOTION: C. Richardson - To table Item #5. Seconded by C. Perry.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
6. Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for Canyon Heights, Plat G (7:55 p.m.)
See handouts. David Bunker reported that this was tabled at the last meeting due to a question regarding the cut slope on the eastern portion of the cul-de-sac. This plat is a PUD and, as such, is required to comply with the plans. The current cut slope does not meet the approved plans. The plans show a three-tiered rock wall and a 2:1 cut on the top of the slope. What actually exists is a 2:1 cut slope all the way up without the walls. The Council can require the developer to redo the slope to comply with the plans. The Council could also find that the 2:1 slope is adequate. The 2:1 slope complies with City standards, but not the original PUD plans.
John Heiner, All American Construction, said that they originally proposed the tiered rock wall because they did not think that they could meet the 2:1 slope standards. Once construction was started, it became clear that the 2:1 requirement could be met, and the developer decided to install it. There was no economic savings to the developer. He said that the 2:1 slope increases safety and decreases maintenance. The geotech report said that the cut could be steeper, though City requirements do not allow anything steeper than 2:1.
David Bunker said that from an engineering perspective, either option is acceptable and structurally, either condition would work. C. Perry pointed out that aesthetically, residents of the area have lost a tiered rock wall. He wants to ensure that something is gained as well through safety or engineering. John Heiner claimed that aesthetics were never an issue with the rock wall. C. Richardson disagreed. Aesthetics were an issue. He pointed out that if the plan had been strictly adhered to there would have been a 275-degree curve with a 2:1 cut that would have been much higher up the mountain. C. Bowman questioned whether the developer went to the Planning Commission for changes. John Heiner stated that they have made changes according to City standards to improve the development. C. Perry would like some compromise where there is some aesthetic element added. C. Parker said that in this situation a change was made without proper approval. There needs to be a policy to ensure that these changes come back to the Planning Commission and Council. Rodney Despain pointed out that some portion of the cut slope is on Lot 13 and suggested getting a release from the owner of Lot 13. Until then, the City does not have the authority to approve a change to a private lot. Eric Johnson, City attorney, concurred. C. Perry said that at the UCLT training, David Church addressed this issue and said that if the City does not follow proper procedures, the City may be liable to ensure compliance with the plans.
MOTION: C. Parker - To approve acceptance of subdivision improvements, release of the performance guarantee and the start of the durability period for Canyon Heights, Plat G, contingent upon receiving a release from the owner of Lot 13, reviewed prepared by the City’s legal counsel. Seconded by C. Lowder.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
7. Review/Action on Final for Canyon Heights, Plat I (8:24 p.m.)
See handouts. Canyon Heights, Plat I, is a re-subdivison of Lots 38, 39, 40 and 41 of an existing plat, Canyon Height, Plat B. Some homes were constructed using the wrong survey pins resulting in some homes being constructed within the setback limits. The owners of Lots 38-41 have met together and prepared Plat I to redefine the lot lines. Letters were mailed to residents within 300' notifying them of the change and no protests were received. The property owners have all met and are in agreement. All owners will need to sign the plat. Wayne Crab is the one owner that was not present. Staff needs to do a final review of the plat. There are some public utility easements that should be released and a new easement dedicated. Rodney Despain said that this plat needs to be amended to eliminate the unnecessary easements.
MOTION: C. Perry - To approve Ordinance 1-17-2005A, An Ordinance Approving Canyon Heights, Plat I, A Re-subdivision of Canyon Heights at Cedar Hills, Plat B, Located at Approximately 9100 North Silver Lake Drive, subject to: 1) Final review by staff, and 2) Submission of “Release of Easement” forms and reflection on the Plat of the elimination of superfluous easements. Seconded by C. Parker. Vote taken by roll call.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
Abstain- C. Richardson Motion passes.
C. Richardson abstained because he acted on this issue when he served on the Planning Commission.
8. Review/Action on Release of Durability for The Cedars, Plat F (8:35 p.m.)
MOTION: C. Richardson - To table Item #8. Seconded by C. Parker.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
9. Review/Action on Community Services Director (8:35 p.m.)
See handouts. The City previously employed a Community Services Director. When she left, the Council acted to not fill the position. The Council did hire a temporary intern to plan the Family Festival. The current budget includes a six-month internship for a Family Festival intern. The Council liked the option of hiring a Family Festival intern with the intent of possibly keeping that person as a full time Community Services Director. C. Richardson pointed out that planning the Family Festival would be a good indicator of how qualified the person would be for the full-time Community Services Director position. C. Bowman added that having someone full time would add consistency. She said that eliminating the position has not saved the City money on community services because the City but it is just now paying current staff to do the job. C. Lowder said that he would like to become more self sufficient as a City and preserve some other traditions beyond the Family Festival.
MOTION: C. Bowman - To hire an intern for the Family Festival with the intent of possibly keeping this person as a full time Community Services Director. Seconded by C. Lowder.
C. Richardson said the skills and traits he considers important for this position are organization, an ability to build traditions, grant writing experience and budgeting proficiency. C. Perry added that the desire to make programs self-funding is also important. C. Parker said one of the reasons for not rehiring the position was that a few Council members did not see that the value added was worth the salary and benefits. He said that he would like the position to be self-funding as well. C. Perry said that the results of the last election lead him to believe that the majority of residents would like a Community Services Director.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
10. Review/Action on Family Focus Days (8:46 p.m.)
See handouts. Alpine City has extended the invitation to Cedar Hills to participate in the Family First Festival. If the City would like flyers, etc., the Family First Committee would like the City to contribute funds. A portion of Family First Days will be a personality communication test. Alpine has contributed $2,000 for their residents to take this test prior to the seminar. This is optional for Cedar Hills. C. Lowder indicated that if the City wants the flyers, etc., Alpine would like the City to contribute at least $500. C. Lowder suggested the City contribute $750 and allow residents to pay their own costs if they want to do the personality testing.
C. Perry said that in the Utah League of Cities and Towns Conference, the topic of cities donating to other causes was discussed. David Church’s opinion is that in order for a city to donate money to another entity, a panel should look into the donation and provide a written recommendation on how the entity provides benefit to the City. The City cannot fund anything that does not directly benefit the City. C. Parker said that his philosophy is that government is force. Any spending decision should come down to “would I be willing to force my neighbor to pay for this thing.” While C. Parker supports families, etc., this is something for which he is not willing to force his neighbors to pay. C. Perry said that Alpine will hold the event and allow Cedar Hills residents to participate whether Cedar Hills contributes or not; the question is whether the Council thinks it is worth it to the City. Mayor McGee said that he feels $750 is a cheap way to promote goodwill amongst neighbors. C. Parker countered that there are cheaper ways.
MOTION: C. Lowder -To join Alpine City’s Family First Festival and appropriate $750 toward mailings and participation. Seconded by C. Perry.
C. Bowman asked if it would be appropriate for the City to produce its own flyers and canvas the City. C. Lowder said that the contribution is meant to cover more than the cost of flyers. C. Perry said that even with the $750 contribution, Alpine will still be subsidizing Cedar Hills residents.
Aye-C. Bowman
C. Lowder
C. Perry
C. Richardson
Nay - C. Parker Motion passes.
11. Review/Action on Amending Ordinance Regarding Bonding (9:13 p.m.)
See handouts. Eric Johnson prepared an ordinance amending Ordinance 11-1-2003B related to the power of the City to bond. This amendment includes language that outlines the power of the Council to amend ordinances, both general and those adopted by a vote of the people. Ordinance 11-1-2003B says that prior to the issuance of the bonds there would have to be a positive vote of the people. The City had previously issued a bond through its Municipal Building Authority. Along with Ordinance 11-1-2003B, voters passed a companion ordinance to cap property taxes. There are many types of bonds that do not draw on property taxes.
The reason this amendment is being considered is because the City has a line of credit with Zions Bank that is variable, with interests rates rising. The line of credit was for installing the Pressurized Irrigation system. That variable rate is causing a higher than anticipated debt service payment. Eric Johnson recommended that the City now bond for the Pressurized Irrigation costs and lock in a fixed rate while rates are low. The Council adopted a parameters resolution to issue bonds, but before it can proceed, Ordinance 11-17-2003B needs to be amended.
C. Parker added that in 2003, he was a sponsor for both initiatives. He felt that the initiatives were independent of each other. One was in reaction to a significant property tax increase for what many viewed to be a poor budgeting process. Also, many did not want the City to obligate itself to long-term debt without the approval of the residents. C. Parker said that much of this amendment is reasonable and worth consideration by residents. He would recommend that prior to passing an amendment to the ordinance, the City solicit public input and then make a decision. If the Council is going to call a Public Hearing, it would push closing on the bond past the end of February.
Eric Johnson stated that after publication of an ordinance there is a 20-day waiting period before it becomes effective. Bonds could not be issued until after that waiting period. C. Perry suggested adding language that made it clear that the revenue source is one that can be controlled such that property taxes cannot be pledged. That would clear up the problem many residents had with the golf course, where the City has little control over the revenue source. Eric Johnson said that he did not include such language because the City might want to bond with a revenue stream the City cannot control, such as with a sales tax revenue bond. C. Perry said that for that reason he added a second condition that authorizes the City to bond for essential public services. While he didn’t hear from residents about this issue, it is because many don’t read the agenda or become informed about the issues. He would like to see more effort to let residents know about the proposed amendment. While he would like to educate everyone about the issue, it becomes a burden when it binds the Council’s hands for bonds that need to be issued while interest rates are rising. C. Parker said that even though he thinks this is a reasonable ordinance and the majority of residents would support it, it would be prudent to notice a Public Hearing. C. Bowman feels that the Council seems to have already decided that this is reasonable and the best course of action. She asked if the public input would make a difference. The Council needs to do what they can to repair the fear that residents have. C. Richardson said that it is worth it if it makes the public more confident and comfortable.
MOTION: C. Richardson - To set a Special City Council Meeting and Public Hearing for next Tuesday night and have a Review/Action item considering a revision of Ordinance 11-17-2003 B. Seconded by C. Perry.
Eric Johnson will submit the modifications needed. C. Perry volunteered himself, C. Richardson and C. Parker to write a flyer to be distributed. C. Parker suggested the motion specify that the amendment include C. Perry’s suggestions. C. Parker said he would like to strike parks from the list of basic public services. Mayor McGee asked if the Council agreed in principle with the proposed amendments to which all five Council members said it represented the best interest of the City. C. Perry said that there might be an instance where impact fees would pay for a park but bonding might take place before sufficient impact fees are collected.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
Eric Johnson addressed the Public Works/Maintenance building. He said that the maintenance building could possibly be financed with utility revenue. Konrad Hildebrandt said that the City has anticipated financing the maintenance building through franchise fees. City Staff is currently in the process of designing the building. Staff had anticipated being finished in this budget year, which would mean construction would need to start by the end of February. Eric Johnson will prepare a resolution for the Council to consider.
12. City Manager Report and Discussion (10:10 p.m.)
The American Fork Police Chief is considering moving Sergeant Richins to supervise patrol and assigning two lieutenants to a rotating schedule in Cedar Hills. The contract is not changing, just the way it is administered. The Council likes having one person that is responsible for the City and would like to negotiate with American Fork.
13. Review/Action on Board/Committee Appointments – Parks and Trails Committee (10:19 p.m.)
MOTION: C. Perry - To affirm Mayor McGee’s recommendation and appoint Michael Stuy to the Parks and Trails Committee with a term ending December 31, 2008. Seconded by C. Bowman.
C. Parker asked if there were any other applicants. There were not.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
14. Board and Committee Reports (10:20 p.m.)
• C. Bowman - Jim Loveridge is currently the Vice-Chair of the Parks and Trails Committee. C. Bowman will contact him to plan the next meeting.
• C. Perry - He attended the Utah League of Cities and Towns training and reported that it was valuable.
• C. Richardson - The Planning Commission scheduled a Public Hearing for this month for the Sign Ordinance. He attended the UTOPIA orientation. It was reported that the take rates are higher than expected. UTOPIA is in the process of securing the second round of financing, which will cover the pledging cities with populations less than 20,000.
• Mayor McGee - Attended a North Utah County Association of Mayors (NUCAM) meeting. He felt that positive ties among the various Mayors are being developed. The Lieutenant Governor will come speak to them soon.
• David Bunker - The Timpanogos Special Service District board met and approved a 4% increase in treatment fees. They also received a petition from Vineyard to explore providing sanitary sewer to their City. If that is approved, the capacity of the existing plant would be exhausted, which would increase the impact fee by about $5,000 per connection.
15. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:34 p.m.)
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Parker.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
Utah State Code 52-4-5 designates specific parameters for which a Closed Meeting/Executive Session may be held. This Executive Session was held to discuss the following: The character, professional competence, or physical or mental health of an individual and strategy sessions to discuss pending or reasonably imminent litigation.
* * * EXECUTIVE SESSION * * *
16. Motion to Adjourn Executive Session and Reconvene City Council Meeting (11:20 p.m.)
MOTION: C. Perry - To Adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Richardson.
Aye - C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
17. Review/Action Regarding City Manager’s Contract (11:21 p.m.)
MOTION: C. Lowder - To table item 17. Seconded by C. Parker.
Aye-C. Bowman
C. Lowder
C. Parker
C. Perry
C. Richardson Motion passes.
18. This meeting was adjourned at 11:22 p.m. on a motion by C. Richardson, seconded by C. Parker and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
February 7, 2006