CITY COUNCIL MEETING
Tuesday, July 11, 2006 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Joel Wright, Eric Richardson, Charelle Bowman, Jim Perry, Darin Lowder
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Gretchen Gordon, Deputy City Recorder
Others; Keith Nielsen, Craig Nielsen, Jim Ferry, Steve Lee, Cliff Chandler, Larry Wood, Brad Orton, HR Brown, Karissa Neeley - New Utah, Shelly Ellis (7:40pm), Brent Uibel (7:55p.m.)
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 7:23 p.m. by Mayor McGee.
Invocation given by Eric Richardson.
Pledge of Allegiance
2. Public Comment
• Jim Ferry - He stated that at the Public Works Building site there is a lot of dust and dirt, especially when there are afternoon storms and the wind blows. He felt that more water needed to be used on the site to control the dust. Mr. Ferry also noted that the pile of dirt excavated from the site does not seem to be diminishing much. He has seen people dumping on the dirt pile and saw a cement truck washing out. Mayor McGee stated that the contractor is using water on the site to keep the dust down, some spots were even muddy. There is a lot of construction in this area, not just the Public Works Building, but he noted the concerns.
• Jim Blow - Voiced some concerns about the golf course. He was not a resident of the City at the time that there was a vote to purchase the golf course, but he loves the open space and it is one of the reasons why he moved to Cedar Hills. He is concerned about the proposals that he has heard about selling off portions of the course. He feels that the golf course is a great asset to the community. He wants the Council to be careful as they move forward on any reconfiguration. C. Wright asked how much his household was willing to pay in additional taxes to subsidize the golf course. Mr. Blow did not know the specific breakdown, but did agree that up to $500 per year would be acceptable. C. Lowder stated that there may be many that would not share his view. Mr. Blow said that he has received information in the mail about different proposals; the Council cautioned him that unless it is coming directly from the City that it is speculation. C. Perry stated that the Council is very conscious of the issue and is doing their best to move this issue forward. It was discussed that only one of the 22 golf courses in Utah County has a positive cash flow currently, because they don’t have debt service.
• Zonda Perry - Voiced her frustration because she feels that people in the City voted to purchase the golf course based on information that the City provided. Initially, the citizens were guaranteed that their tax dollars would not be impacted by this decision. Last year, a majority of the residents voted on refinancing the golf course to “buy time” to allow a decision to be made about the sale of the course. If there is any misunderstanding, she feels that the City Council should be clear on what the residents voted on and based their decision on. It has been over a year, and there is a minority that has a vested interest in their own property values and the entire City will be paying for that. If the entire City is going to subsidize the property values of a minority, it needs to be made very clear to the voters. Her husband has worked many hours trying to protect the financial obligation of all of the residents – everyone who is being asked to pay the bill needs to be made aware of what is being discussed. The City Council committed to letting the public know before any decisions would be made.
3. Minutes from the June 6, 2006, Public Hearing and Regular City Council Meeting and June 20, 2006, Public Hearing and Council Meeting (7:44pm)
MOTION: C. Wright - To approve the Consent Agenda as listed. Seconded by C. Bowman.
Aye - C. Bowman
C. Wright Motion passes.
4. Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for The Cedars, Plat I (7:46 p.m.)
See handouts. David Bunker stated that he has done a final walkthrough on this plat. Improvements have been installed at City standards. The lighting has not been installed, but Utah Power has received the request from the developer and it has been bonded for. Utah Power’s schedule in the summer is very complicated because of power upgrades, etc. They are anticipating that it will be 2-3 months from now. The conduit is installed and then Utah Power pulls the wire and energizes the lights. Everything else has been completed and there is a separate bond for the specific improvements in that subdivision.
MOTION: C. Lowder - To approve acceptance of subdivision improvements, release of the performance guarantee and the start of the durability period for The Cedars, Plat I, Subdivision. Seconded by C. Wright.
Aye - C. Bowman
C. Wright Motion passes.
5. Review/Action on Golf Course Reconfiguration (7:49 p.m.)
See handouts. HR Brown is a member of a 10-person Golf Course Committee that works under the direction of The Cedars HOA Board. He is simply presenting suggestions and is not making this proposal on behalf of the HOA because it has not gone to a vote. There is a twofold goal that they would like to assist the City in accomplishing. First, eradicating the debt on the golf course and second, maintaining a viable course. This is a Citywide issue and not just a problem of residents of The Cedars, HOA.
There are three items that the committee has been reviewing for potential development:
1) The Juniper Grove - They came up with a proposed density that they now feel would not be reasonable and therefore do not feel that this is viable.
2) Driving Range - There was discussion about putting an LDS Church there. The Committee looked at another location for a driving range, but was not able to find a suitable site. The driving range does reduce the viability of the course if it could not be relocated. Corporate events, junior camps, etc. would all need this facility.
3) East Bench - The Committee feels that this is really the only suggestion that would be possible. Initially, they thought that they could develop on a few portions of the east bench, but feel that it would need to relocate all three holes to maintain the integrity of the course overall.
HR Brown reiterated that this is just information for consideration that has been “rubber stamped” by The HOA Board, but would still require 180 votes of The HOA. Review of the proposal.
• Land to be developed would gross $7.8 million
• Review of assumptions and expenses to relocate holes - They had a realtor do a comparison and 30-page report that they have based their information on. They have also reduced any potential sale by 10% to ensure that the estimates are conservative.
• The proposed changes would allow the club house to better manage players who want to play 9-holes. Currently, it is very difficult to play nine holes.
• The Committee feels that Scenario 1 would be the least expensive and not require the course to shut down. They also feel that it would make the course better. The proposal would allow the City to remove the debt, the $700,000 on the books and possibly allow a club house to be constructed.
• Mr. Brown reiterated that there are more than 300 residents in The Cedars who purchased their homes on the golf course. He does not sit on the board, but does want to protect the entire City.
• Review of what is proposed for the City to provide. The only new item on that list is the conservation easement.
• C. Wright thanked HR Brown for the time that he has spent. He asked how the Committee plans to disburse a written plan. HR Brown said that they may have to break down the HOA into ten precincts and work at a grass root’s level to educate the residents. The residents are very concerned about the viability of the course. The areas that could directly impact the HOA would be Centennial and the juniper grove. Discussion about gating Briggs Boulevard and Nielsen Boulevard. Konrad Hildebrandt indicated that you cannot gate a public road. Steve Lee indicated that Briggs Blvd. and Nielsen Blvd. were deeded to the HOA by Lone Peak Links. (This will be researched.) C. Wright asked if inclusion of legal fees were based on a fear of litigation or just document preparation. HR Brown stated that the HOA is willing to put one million in value and have increased density.
• C. Bowman also brought up the issue of covering legal fees. She thanked HR Brown for his time spent on gathering this information. She is excited that the plans would still keep the course viable. Her goal is to look out for the best interest of the entire City and wanted to encourage feedback from residents on the east side of The Cedars. C. Bowman asked that if property could be found to relocate three holes, why there would not be enough to move the driving range. Mayor McGee brought up the option of putting the driving range in the easement area behind the homes on Sahalee. David Bunker indicated that this is a very restrictive easement area where grass and trees could not be installed. HR Brown also said that there are high wires, the width is too small and it would put nets in the back yards of homes there. C. Lowder wanted to know if any locations on the Alpine Highway were reviewed for the club house and/or driving range. HR Brown stated that this option has not been reviewed.
• C. Perry added his thanks for all of the hours and time that had been expended. He said that when he looks at this issue, there are some areas that the HOA does have control over, but that there are other options that could be reviewed as we look at protecting everyone in the City. He said that it is difficult to see that there is a balance in what the HOA is “giving” versus what is being expected from the City. He said that he has spoken to a number of residents on the east side of The Cedars and they feel that the City is only listening to the residents in the HOA on the west side. The proposals that have been consistently discussed, all significantly affect the east side and the entire City. Fairness needs to be balanced as this issue is being reviewed. C. Perry reiterated that the HOA feels that everyone is being asked to give, but he doesn’t see equity in what the City is being asked to provide. He feels that nobody else is receiving, other than The Cedars West, HOA. He added that the current City Council cannot promise to build a club house because the City is committed on leases through 2008.
• C. Lowder thanked HR Brown for organizing all of the options and feels that some of the changes would be fantastic. He stated that there will be many in the HOA who will not listen to proposals because of past distrust. The reconfiguration is the most important issue and the Council needs to continue to move forward.
• C. Richardson expressed his appreciation for the many hours spent and hoped that a solution can be reached that makes everyone happy. He stated that HR Brown’s efforts were appreciated. He can see that property values are an important issue to the HOA and now feels that the City Council has enough information to put this out to the entire City.
• Mayor McGee stated that the club house should not be mandated and some of the requests are very general and should be more clearly defined. The goal is to split the benefits between various areas and offer the best benefit throughout the entire City.
• Konrad Hildebrandt said that if you look at this from a financial perspective, the driving range brings in less than $10,000 in revenue that could be developed for a revenue of $2-3 million. The City has to weigh the impact on the golf course and its viability. The City needs to keep all of its options open and not close the door on anything at this point. The golf course is headed in the right direction and does benefit the entire community. If the City could get rid of the debt service, the golf course can create revenue.
6. Engineering Report and Discussion (9:28 p.m.)
• Street Repairs - David Bunker reported that the company who bid the project will have to push through some elevated asphalt costs to the City. The project cost will not increase, but fewer roads will be repaired.
• Pressurized Irrigation Usage - The system is running well. There was a leak on Cottonwood Drive on a 12" line, which has now been fixed. Discussion of the pumping capacity vs. storage capacity. C. Richardson asked for some information to verify that the current restriction schedule is providing the positive changes that were planned. C. Perry raised a concern about the watering schedule for Falcon Ridge. Due to the design of the irrigation system, the cycle of the entire development cannot be done in the designated time. David Bunker said that the HOA has been contacted on a number of occasions to work out a specific schedule for their development. The HOA was asked to submit a proposal for approval, which has not been received. Cliff Chandler, water enforcement, said that some areas have been worse over the last few weeks as far as compliance. A resident requested that Mr. Chandler also take note of systems that are over spraying into the roads/sidewalks and systems with excessive runoff.
7. City Manager Report and Discussion (10:07 p.m.)
• Konrad Hildebrandt passed out materials for the City Council to review from a company who makes simulated rock fencing. He asked the Council to review the information to possibly consider when amending the fencing ordinance. The Monthly Management Report is done and will be put in the Council boxes on Wednesday. The Report includes a Golf Management Report. This is the first month that this has been done by the City staff and staff will continue to increase the information provided.
• Joel Wright asked what the City’s policy was on illegal fireworks. Konrad Hildebrandt indicated that if residents have concerns to contact the Fire Department. The Mayor and Council exchanged information about the use of illegal fireworks and possible citations. C. Perry requested that the following comment by Mayor McGee be verbatim. Mayor McGee stated that if there was no danger to person or property, he intended to remit the fines of anybody who would get cited on something like that.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
8. Board and Committee Reports (10:16 p.m.)
• C. Wright - No report.
• C. Bowman - Geneva Rock is going to donate new sand at Heritage Park for the volleyball area. The Parks and Trails Committee, and anyone else who is available, will be notified to meet Thursday at 7:00 p.m. to remove the old sand and bring in the new. More volunteers are needed with family games/children’s games. Some golf course representation still needs to be arranged for the Family Festival.
• C. Perry - The UTOPIA Board meeting was cancelled. He and Konrad Hildebrandt were unable to attend the Lone Peak Public Safety District meeting, but it was focused on police issues. C. Perry is continuing to work with Mark Atwood and Cindy Boyd on Pleasant Grove boundary issues.
• C. Lowder - The Golf Course Advisory Committee would like to come and make a report regarding marketing issues. They will come during the next Work Session.
• C. Richardson - The Planning Commission reviewed two ordinances, but they need to meet noticing requirements before moving them forward to the City Council. The first is the landscaping ordinance and the second is the fencing ordinance. C. Richardson reported that fencing consistency will remain an issue, but they are proposing to make it more neighborhood based instead of Citywide. They expanded the colors of vinyl to white, tan and gray, but people can petition for something as a neighborhood. There was also discussion to additions to the Subdivision Ordinance, that the developer may have to require one consistent fence throughout. They tried to balance choice, safety, and aesthetics. The Landscaping Ordinance will require front yards to be installed before occupancy. Existing residents will have 90 days from date of notice to install their yard. C. Richardson expressed his desire to move forward with Town meetings on the golf course issues.
• Mayor McGee - COG and MAG meetings are later in the month. There was a court hearing today on the Harvey Disconnection; August 2 will be another hearing. The judge wants to hear the arguments from both parties.
9. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:34 p.m.)
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: Strategy sessions to discuss the purchase, exchange or lease of real property.
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Lowder.
Aye - C. Bowman
C. Wright Motion passes.
* * * EXECUTIVE SESSION * * *
10. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:56 p.m.)
MOTION: C. Wright - To adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Richardson.
Aye - C. Bowman
C. Wright Motion passes.
11. This meeting was adjourned at 10:56 p.m. on a motion by C. Wright, seconded by C. Bowman and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
August 1, 2006