City Council Jan. 19, 2010

Highland City Council minutes 1/19/2010

Prayer: Tom Butler
Pledge: Larry Mendenhall

Special Presentation to Brian Brunson from Mayor Richie of a Clock and Watch from Highland City in recognition of his service to Highland

Public Appearances:
• Jill Calhoon: Highland needs a workable Residential Facility Ordinance. The current one is detrimental to residents and facilities. She discussed Orem City's ordinance and distributed a copy to the entire council. Reportedly, Steve Earl (associated with Makin Homes) reportedly helped draft it. She also stated that Highland City has had 2 years to put an ordinance in place. She also stated that putting an ordinance in soon would not interfere with addendums being added to it later.
• Frank Cameron: Stated that Substance abuse is a recognized disability and quoted the guideline. He also quoted/stated the following:
• "Not all requests are reasonable"
• 10-9-91-20: City must adopt an ordinance for disabled individuals (according to UT and Federal Fair housing acts)
• It may not be appropriate to place a facility if there is a "fundamental change in the character of the neighborhood".
• He quoted several issues from the recent appeal that was found in favor of HOPE.
• Alpine Treatment Center (ATC): will most likely request an appeal to the District court. Mr. Cameron requested a denial of a Provisional use permit.
• Wendy Hart: Math.....up to 37 Treatment Facilities allowed in Highland under current ordinance, more than 2 per square mile.
• Carin Hadley: quoted/discussed the following:
• R501-19-1: The Office of Licensing shall license residential treatment programs ......
• Lisa-Michele Church: Executive Director of Human Services (and Office of Licensing). This portion of her bio was read.. "She is married to David L Church, Attorney at law..". Mr. Church has been advising Highland City on this issue....which appears to be a direct conflict of interest. Even though he has resigned, he is still advising Highland City in the interim until a new Attorney is found.
• R501-19-3: Residential treatment program means a 24-hour group living environment for 4 or more individuals unrelated to the owner or provider in accordance with Subsection 62A-2-101(15).
• Highland's density if 4.53, which is in line with the definition of this type of facility. ATS states that they can operate financially and from a treatment perspective without 6-8 residents. "It is not incumbent upon the city of highland to make a change for one business and not for all" because they may have issues of profitability.
• These facilities are licensed and are provided oversight by the Office of Licensing under the department of Human Services. Therefore, if a complaint about a resident were called into the police department, they would address it at the time of the complaint. The police department does not answer to the Office of Licensing. Therefore, the Office of Licensing would be unaware of complaints and would not come and investigate. The average number of visits to a treatment facility such as this by the Office of Licensing in a year is one.

Tuscana at Highland:
• Lonnie Cromwell from the Planning Commission shared how the Master plan was developed and in particular the mixed use section. Reportedly public notice was given by mail, city website, and newspaper. Not many residents attended the planning meeting that was discussing this development. The unit is 36 feet high and has ridge spans of 36 feet. Each unit has a 2 car garage with front doors that face the interior landscaping.
• Mayor Richie stated that the purpose for them to appear was for the city council and residents to be educated and learn more about the development.
• The Gifford’s, the developers, gave a description of their plan. Initially there were planning to put in over 200 apartments, but after talking with members of the planning commission and several residents, changed to townhomes. They initially wasted to build 2 story units, but Highland city code requires 3 stories. There will be between 160-162 units with over 400 parking spaces (2 in each garage, 14 on the premises, and the rest being street parking). A swimming pool, club house, etc will also be available for the development only.
• Floor plans include 2.5 bathrooms, 2 car garages, 2-3 bedrooms. Pricing is between $174,000.00 to %205-210,000.00. The development would be built in phases. Each 3 bedroom can have the option of an elevator.
• Target population: Young Families and Retired individuals.
• Questions from City Council members:
• Would retired individuals really purchase a 3 story unit?
• Is there really 400 parking places (later discovered that many were counted as on-street parking....)
• Won't parking on the street infringe upon business parking. The Giffords agreed that it would.
• City Center/Town Center Road is slated for businesses. Your plan states that units can be Retro-fitted to be a business....how? Giffords stated that the 1st floor of the units can be retrofitted with residential living upstairs.
• Where will you put snow after storms? HOA will have to determine
• Where would you put trash cans? Inside of garages
• Does the ordinance require an HOA or not: It requires an HOA because of the common areas
• The CCNR require the HOA to maintain landscaping.
• Traffic on Udot SR92 is highly unlikely to have Traffic light, what does your traffic study show? Giffords engineer gave very specific information about the number of "trips" ad different times of the day. Their calculations state that it would not make an impact on the current flow and will not warrant a light. But, in saying this, the engineer stated that individuals could take an alternative route as well. Mr. Braithwaite stated "People won't take an alternate route...they will take the habitual route.
• Anything located in the flex zone can be either business or residential
• Tom Butler raised a concern that these will turn into rentals or apartments...and after 10-15 years will look like them.: Giffords stated that the HOA will have to manage this.
• Fannie Mae and FHA don't allow for more than 51% owner-occupancy. How are you going to ensure this is complied with: HOA has to handle it. Will try to put this into the CCNR.
• Will there be a Completion Bond so that it does not sit unfinished if running out of funds? Giffords stated that they will pay the Land Seller the total cost and will build the units in phases.
• Question to the Planning commission: Where does the $800,000.00 in extraction feeds go. Lonnie: Paid to the city and distributed to those who have put in the improvement....which includes the city. Tom Butler asked for a specific accounting of this money.
• Tom Butler stated that Mayor Franson signed an Interlocal agreement with the county. Do you have involvement with the county (as it promotes low income housing) with the Community block grant? Giffords: We have had no conversation or connection with the county.
• Will the buildings have rock or just stucco: Giffords: "will be considerable rock and different looks at different elevations".
• How many irrigation shares do they need? Lonnie: 3 Acrefeet/Acre. They can only get them where they record a subdivision.
• What other subdivision have you done: some in UT, MD, Pleasant Grove, Provo, South Jordan, and Eagle Mountain. Suggested that people look at the development on State and 8200 South in Sandy to get an idea of what this development will look like (not the Giffords development).
• Larry Mendenhall stated that it will increase the vitality of Town center and become a walking community for those residents.
• Mayor Richie ended the discussion stating that they were awaiting the outcome of the appeal and may hold a special session of the City Council to address this issue.

Alignment of City boundaries: Gina stated that AF has requested an alignment of Murdock Connector. The Public Hearing was for this night. AF City has a timeline of wanting it done by March 2nd.
• Open Microphone:
• Janet Wadsowrth of Pheasant Hollow: Didn't Highland City (HC) already adopt a resolution? Gina: City Council (CC) adopted an intent to adopt. Wadsowrth: Can you have a hearing without a resolution? Gina: residents are given 60 days for a protest, then a hearing, and then the resolution is adopted. Wadsworth: Murdock connecter needs to be a fixed asset before we adjust the boundaries.
• We are trading 14.7 acres for .7 acres, and no money will be exchanged.
• HC does not own the property in the Golf Course
• Wadsworth recommending waiting for the road to be put in before changing the boundaries.
• Elizabeth McFarlane: The Planning Commission voted against the “pump station” for AF. This alignment allows AF to put in that pump station and only partially bury it.
• Mr. Hansen: AF is looking for a place for filtration. They define “below ground” as building up the ground around it. If this alignment allows for the above ground station, we need to deny the request for the alignment.
• Scott Smith: Murdock Connector is a regional road…why can’t it be built in AF and not Highland. How exactly is this that we are giving the land to them.
• Matt Ship (Engineer): The land is located at the bottom of the hill by the sewer station (near hole 4 or 5 of the golf course) with the irrigation pond to the south.
• Smith: If we wanted to put a stop to the filtration station, wouldn’t we have to appeal to AF to stop this use on the land we currently own if we give it to them.
• Shipp: Yes.
• Smith: The Pump station would be on our land but would be given to AF…why would we do that?
• Shipp: We can get a provisional agreement to not allow it with the land exchange.
• It appears that this road would be turned back to the state after the County MAG builds it.
• Butler: is 15.7 acres in the Golf Course? Shipp “yes”.
• What does Highland get for it. We get to control the “look” of the road.
• A portion of this I guess is school section and is prime land. The question was raised, what if AF decides to sell it, where does the money go. The answer is that it would go back to the state.
• In regard to this area, the current Sewer Station may have to be moved.
• How much would it cost to relocate it (20 feet south or 100 fee north)? Shipp $350,000.00
• Who is going to pay for building the road County MAG.
• Didn’t HC already pay $118,000.00 to design the road? Shipp: Yes.
• What other cities are paying into it? Shipp: Highland and MAG.
• Will we get reimbursement from MAG funding? Schram stated $118,000.00 for the second phase was approved Shipp stated that city council would have to approve phase 3 which would cost an additional $63,000.00.

Changing Development Code for Signs in HC:
• Lonnie: Temporary sign ordinance and its legality. It is being reviewed by the planning commission. Residents may be able to place one temporary sign on their own property. Questions were raised about how big the sign could be, no current restrictions…and has been reviewed by 2 attorneys.
• Commercial: reportedly they can have a sign 30 days at ~365 feet. Hard to see. Reportedly Commercial entities have rejected some suggestions that have been offered. The recommendations was for new council members to come up to speed on the history of this issue. Council to have a work session.
• Religious signage: cannot stop a resident from putting up a sign, despite the size, on their property regarding religion. It is against the 1st amendment.
• Council will have a work session within 60 days.
Miller Acre final Platt Subdivision: located at 456 W 11200 N.
• Essentially this couple wants to subdivide one part of their land into 3 plots of land. The whole issue stems from how much they will have to pay for the “1/2 road” that they will be responsible for. It was apparent that the city council was trying to find a way to assist this elderly couple but still keep within the limits of the regulations. There was a recommendation of a delay agreement, but Mr. Shipp pointed out that these often get lost at the county building. Mr. Butler suggested a lean with a subordinating agreement be developed which reportedly would not put an undue burden on Mr. and Mrs. Miller. The council choose to get a legal opinion before proceeding.
Surplus property: This was a Public Hearing regarding how to dispose of surplus properties (not desks etc, but parcels of land) that Highland City owns. There were differing opinions on how this should be done which ranged from having the Mayor or City Administrator oversee and handle it alone to putting a monetary value limit that could not be handled by the City Administrator. Mendenhall suggested making a Matrix of the properties to sell. In the end, the city staff are to get samples of other cities regulations and try to come up with a suggested ordinance.

Revocations of Business licenses: Need to have a future public hearing on business that no longer have valid licenses that may be still in business.

Ratification of minutes from 12/1/09 and 1/5/10: Recommended changes were suggested by Mayor Richie and Schramn. Voted to ratify and they were.
Planning Commission: 19 people were interviewed to serve on the Planning commission. The Mayor has asked the individuals who will not be serving on the Planning Commission to serve on other committees such as open space, parks, etc.

City Administrator position: Will post ASAP.

Public Service: increase in vehicle burglaries between Thanksgiving and Christmas.
• Fire Department: In July “critical care transports” will end, which is a large source of income for this department. Funding must be addressed ASAP.
Financial Report was moved to next meeting.

Agreement with Washington Lobbyist was terminated: However, a second lobbyist ($10,000.00/year) is retained to help with the Murdock Connector for now. Will invite him to come and explain what he does for the money at a future meeting.
Lake Commission: HC was the only land locked city that was a part of the Commission. It is $2,900.00 per year. The decision has to be made by next week to be a voting member.

Don Bloom will continue in his role (?)

Public Comments: It was noted that besides the beginning of the meetings, no public comments were ever called for. Council will ask an Attorney if there is any issue about having public comments throughout the meeting.

Vacation policy: A recommendation to start a “Use it or lose it” policy for vacation for city employees was recommended.
Moratorium: It was recommended that a moratorium be placed on the “flex use” property to stop it from just being townhouses, condo’s and apartment. Re-define to only have a percentage for that purpose, a percentage for business etc.
Renovation of old City Hall: Will review at a future meeting.

Burned house on 6800 West: family was supposed to dispose of it before now. City may get bids to demolish as it is a safety hazard.

City Council Meeting Jan. 5

I attended tonight's council meeting. I've heard that the most interested portion is usually the last 5 minutes. So, I stayed the entire time! In the last five minutes, Mayor Ritchie mentioned that City Attorney, David Church emailed him his resignation today. Attorney Church was not at the meeting tonight. The email said that he (Attorney Church) would "help with the transition"...but council members questioned whether they would be without legal council in their meetings(since he wasn't there tonight...no one seemed to have an answer to that).

Other agenda items:
* Swearing in of new officers
* Pledge and Prayer
* No one stood for any public appearances
* Mayor Richie mentioned a few changes to procedure. One I thought was significant was that future minutes will record council members names along with their comments.
* The city will appoint a new City Administrator by July 1st
* Next month there will be an appreciation presentation to former council members/mayor
* Change of scheduled City Council meetings for the year. Change the July 6th meeting to Wednesday July 7th; Change November 2nd meeting to Wednesday November 3rd
* Voted on resolution for City Treasurer and City Recorder to be a 2year term
* Council voted on Larry Mendenhall to be Mayor Pro-Tempore
* Council approved amendments to the Residential code dealing with accessory buildings per the planning commissions recommendations
* Council made final approval of Town Center Plat 2
* Instead of approving contract of Brian Brunson as the City's Real Estate consultant, the council moved to have the Mayor meet with staff and possibly Brian Brunson, Barry Edwards etc and bring to the next meeting a plan which would define the scope of what the city's real estate needs are. Specifically a plan to sell the two properties on 4800 West since 'time is of the essence".
* Council moved to terminate lobbyist Bill Simmons' contract as soon as legally possible since monies have been approved and set aside for the Timp Cave visitors center. (He was getting 60k year). If the project is further 'stalled' the council will look into securing his services once again.
* Discussion was made pointing out the city needed a Surplus property ordinance. Gina Peterson mentioned that David Church advised them to "go ahead"...but she feels that's not sufficient. Council members agreed, but no motion was given to make that an action item.
* Council members approved December 1st and December 15th City Council Meeting minutes.
* The Tuscana development is being appealed. That appeal meeting is Jan 14th; handled by the Appeal Authority. There is a neighborhood meeting this Saturday. Scott Smith mentioned he'd like to be there, so he could know of the residences' concerns etc. However, he's aware that since Brian Braithwaite and Katherine Schramm will be there, he is not suppose to go (since if there are more than two council members at the meeting, minutes will have to be taken etc). So, he asked that Braithwaite and Schramm email the rest of the council notes from the meeting. They both said they would.
* Meeting was adjourned about approx 9:35pm.

City Council Meeting Dec. 1

They considered different ways to help with the "light pollution" that the Baxter home has been dealing with as they are located across the street from the fire station. They approved $11,000 for the Baxters to relandscape their front, adding a burm to block out the lights.

They talked about and approved the removal of the fire damaged home located at 10031 N 6800 W.

They carried the motion (5-1) for the mayor to join the NCUAA (North Utah County Aquifer Assoc.) and talked about capping the Murdock Canal.

They talked about the 3rd phase (getting a Professional Service Agreement) for the design of the Murdock Connector Road and they authorized the Mayor to sign the agreement.

They passed an ordinance to amend certain portions of the RP Zone for the purpose of allowing schools. Then they talked about issuing a Conditional Use Permit for the" Pointe Performing Arts Academy" to operate a school in the RP Zone. (I think this is going to be located in the old City building---Jim isn't really clear in his notes).

They carried a motion to cancel Barry Edwards contract as City Administrator. His last day will be January 4, 2010 and they will give him a 4 months severance pay with benefits. Several of the City Council members were surprised at this motion as they were not expecting it to be on the Agenda. But it was passed 5-0 with the mayor voting yes as well.

Nothing was brought up about the Makin Home.