Wednesday, March 16, 2011

Mar. 15, 2011 City Council

Highland City Council Meeting Report
March 15, 2011

General Observations
1. This evening the City Council/City Staff appeared to be well prepared, efficient, and harmonious.

2. Mayor Ritchie and the council are keeping their campaign promises.
a. Last months meeting minutes were approved and are available.
b. They have realigned the accounting to correlate income with costs. For example, they now know the money collected for pressurized irrigation does not cover the cost. They also know the $20 a month fee collected from the residents of the Open Space subdivisions does not cover the maintenance cost. ($245K collected vs $359K expended).
c. The new website will provide residents greater access to more information in keeping with the pledge for open/transparent government.
d. The council is actively addressing issues that have been ignored for as long as ten years like park and trail maintenance. For example, $15K is proposed for trail maintenance this year.
e. The Open Space Committee and the Parks and Trails Committee are aggressively re-evaluating the entire park and trail system. Everyone recognizes we cannot afford everything that is on the master plan. For example, seven or eight years ago $6.5M park was proposed for the Beacon Hills area. Eight years later, it is still an undeveloped field. The city plans to do some infrastructure work and develop the park in phases (trying to keep the promise made years ago) but the park will be significantly less grand than the one originally proposed.

3. The debt burden plus increased Utah County assessments and a Federal Storm Sewer improvement mandate combined with the smaller than expected (three years ago) revenue stream continue to prevent Highland from making the improvements to parks and adding other amenities.

4. An amendment to the shopping center plan was approved. The developer proposed several of the lots be combined or reconfigured to give greater flexibility to the use of the land. They are trying to find an anchor store for the north side of Highland Highway (SR-92).

5. The Open Space plan for the Beacon Hills Plat D subdivision was approved giving residents permission to improve and maintain strips of city owned property at the resident’s expense thus eliminating weed patches. This will reduce city maintenance costs and improve the look of the city. There are 18 such subdivisions in Highland. Beacon Hill is the third to get approval. The rest are in the queue. The Open Space Committee works with the residents to organized the presentation to the City Council.

6. Councilwoman Kathryn Schramm proposed, in the spirit of openness, that Highland enact an ordinance that would require everyone on boards, commissions or city appointed committees to submit a conflict of interest disclosure form. The intent was to alert those on committees, etc. to the conflict of interest issue and to protect them from possible legal exposure. For example, it is a 3nd degree felony if your vote benefits you more than $250.

There was a spirited discussion and the council and the audience were split on the proposal. John Park made the winning argument by pointing out that the proposal would increase the city bureaucracy and most of the danger could be controlled through good business management and oversight. The motion failed 3 to 2.

7. BUDGET – City staff presented the first draft of the budget to the City Council. The read through went very well. The mayor and the new city council members are familiar with the budget process now, most of the accounting changes have been made, and John Park is a very good administrator. Points of interest:
a. The cost of the piping of the Murdock Canal is borne by Utah County but Highland has to pay for the moving of the utilities like water and sewer. This is not a huge expense but has a significant impact on a tight budget.
b. The number of part time summer help was increased (20% absenteeism is common) to better maintain our parks and open space. Fertilizer and weed killer was included in the budget this year; an item missed when the city took over from MD Properties last year. We will still have a significant saving ($200K?).
c. $500K is budgeted for city roads. The city roads are in bad shape and preventative maintenance will save big bucks down the road. (Pun intended.
d. A Federal Storm Sewer mandate was unexpected and greatly impacted the budget. I missed the discussion so I don’t know how much it will cost nor what is required.
e. Pressurized irrigation fees will go up this year. The increase was proposed last year but I think the City Council held off because of the sewer fee increase last year. We have to make the 2nd of three payments to the County for the additions being made to the sewage treatment facility. I sat through the budget working session last year and it was really painful.
f. The Public Works Capital Purchases (new pick up truck, new dump truck, etc.) were NOT funded. Road repair first was the reason.
g. Some of the cuts to last year’s police budget were restored this year. In a private conversation with Marv Whiting last week, he said crime in general is down all over the country. He said it is pretty quiet these days at BYU and the murder rate in Central Los Angeles (he was a detective in LA) has dropped from 300 a year to around 60. He suggested that maybe one reason for the drop in gang shootings could be due to the kids being inside playing video games instead of out on the streets looking for trouble.

Foot note: John Park asked the council to thoroughly review the proposed budget and said the city staff will answer questions. He complimented Matt Shipp (Director of Public Works) for a job well done and Mayor Ritchie said it was an excellent start. They are a full month ahead of last year and in much better shape.

Devirl Barfuss

Feb. 1, 2011 City Council

MINUTES - HIGHLAND CITY COUNCIL MEETING - February 1, 2011
Regular Session at 7:00 p.m.
Highland City Council Chambers
5400 West Civic Center Drive, Highland Utah 84003

7:00 P.M. REGULAR SESSION – CITY COUNCIL CHAMBERS
CALL TO ORDER – Mayor Lynn Ritchie


INVOCATION – Tom Butler


PLEDGE OF ALLEGIANCE – Larry Mendenhall


APPEARANCES


1. Time has been set aside for the public to express their ideas,
concerns, and comments.


• Tim Garlick
Tim owns an Ice SnowShack and wanted to see if the seasonal permit
term could be extended from 90 to 120 days. He also wanted approval to
put a “Shack” in the parking lot of LPHS. He has been talking with ASD
about this but needs city approval due to zoning issues.
Both items will be considered once a new city planner is in place


• Jane Dalling (?)
She expressed polite but firm concerns about the proposed changes to
the housing ordinance which change the regulations regarding
“accessory” apartments. She had a number of issues from the
possibility that there would be too many cars to making sure that the
requirements for owner occupancy remain in place. She compared what
could happen to Highland to what happened in Provo. Also, voiced a
concern for general safety issues.


• Richard Sudwick (?) (officer of The Library Foundation)
Expressed support for the agenda item that would create a separate
bank account for the library in library fees and fines would be put.
This money with CC approval would be used to fund future library
budgets.


• Jenny Thacker
Asked for partial funding for a N. County pageant tied into the Miss
America program. She will seek funding from businesses, Cedar Hills,
and Alpine. Pageant date is tentatively set for Aug 13. She provided
info and the matter will be considered at a future date.


2. Planning Commission Appointments
• Trixie Williams (Alternate) approved


3. Minutes
• Minutes from the previous council meeting approved with minor
corrections


4. RESOLUTION – Declaring Surplus Property (Equipment) for the
Purposes of Disposal


BACKGROUND: (Presentation by John Park, City Administrator) The City
Council recently approved a Building Use Policy for the new Community
Center (formerly the City Hall) located at 5378 W 10400 North. In
preparation for getting the building ready for public use there are
some items that need to be removed that remain from when the building
was used as the former City Hall. Pursuant to Highland City Municipal
Code 2.44 the City Council shall hold a public hearing prior to
declaring City property/equipment surplus.


RESOLVED: The file cabinets, desks, counters will be sold via KSL.com
(unanimously approved)


5. ORDINANCE – Amending the Highland City FY2011 Budget.


BACKGROUND: (Presentation by Lynn Ruff, Finance Director) It is
necessary to amend the budget to adjust for additional revenues
collected and various unanticipated expenditures in the various funds
of the City. Some of the proposed amendments deal with the Library
funds, pressurized irrigation funds, sidewalk repairs, the Community
Center remodel and other items. The City Council held a public hearing
on the budget amendments on January 18, 2011. No public comment was
received.


City councilman had a number of questions on the budget amendment; at
one point the discussion devolved to comments around an impending $10
per month rate hike for pressurized irrigation. However, the
resolution seemed to be mostly about reallocating existing funds to
cover expenses already incurred (i.e. putting the money in the right
bucket).


RESOLVED: The amended budget was approved 4 to 1 with Kathryn being
the sole negative vote.


6. ORDINANCE – Amending the Highland City Development Code Chapter 10
Definitions relating to the definition of a family.


BACKGROUND: (Presentation by Nathan Crane, Community Development
Director) Councilmember Butler has requested the definition of family
be amended to make it easier for property owners to rent their
basements. The proposed amendment would allow a homeowner to rent a
portion of a home to one or two families. The proposed amendment does
not address parking or other requirements. This item reviewed at the
February 18, 2011 City Council meeting and staff was directed to
revise the definition to be consistent with State Statute and address
public safety issues.


Lots of discussion on this item. The proposed language would allow a
homeowner to rent an accessory apartment to two adults (unrelated to
the owners) and their children. The language could be interpreted as
two single adults and their respective children or two adults (a
couple) and their children. Brian thought that the new language would
permit only owner occupied rentals whereas the city attorney said no.
Because of the second family definition (4 unrelated adults living in
the same home). This definition of a family was put into law by our
state legislature. Jane again spoke before the council and reiterated
her concerns regarding the new language. Scott, Kathryn, Tom, and
Brian all expressed their opinions as well.


One of the concerns about the current language was that in order to
rent out part of your home there must be a common area (i.e. you can’t
rent out a basement apartment it is separate from the rest of the
house – it has a separate entrance, its own bathroom and kitchen).


Tom went into a long speech on property rights quoting everyone from
Bastiat to President David O Mckay. The quotes were interesting but
I’m not sure how they applied to the issue at hand. Tom did mention
that Alpine has a very loose ordinance around accessory apartments
which has been in effect for 16 yrs and only 4% of the home owners
have chosen to avail themselves of it.
Brian said the he could not support the ordinance as he was
uncomfortable with risks associated with unintended consequences.


RESOLVED: The ordinance changes were adopted by a 3 to 2 vote. Brian
and Larry were opposed while Scott, Kathryn, and Tom approved.


Note, this is probably not the end of this discussion given the amount
of issues that were raised.
Below is the existing and new language that was approved with respect
definition of a family as related to single family homes:


Existing Definition:


“Family - A individual or two or more persons related by blood,
marriage, or adoption, living together in a single dwelling unit and
maintaining a common household. A family may include two, but not more
than two, non-related persons living with the residing family. The
term family shall not be constructed to mean a group of non-related
individuals, a fraternity, club or institutional group.”


Proposed (and adopted) Definition:


“Family:
(1) One or more persons related by blood, marriage, adoption or legal
guardianship, including foster children, and no more than two adults
and their children who are unrelated to the residing family; or
(2) A group of not more than four persons not related by blood,
marriage, adoption or legal guardianship, including foster children
living together as a common household.”


7. ORDINANCE – Amending the Highland City Development Code Section
5-4-300: Major Subdivision Option and Chapter 5-10: Amending a
Recorded Plat to remove the public hearing requirements for
preliminary plats and modifying the review process for final plats.


BACKGROUND: (Presentation by Nathan Crane, Community Development
Director) The proposed amendment modifies the review process for
preliminary and final plats for major subdivisions. The primary
objectives of this amendment are to streamline the review process and
to amend the process to be consistent with the new legislation and to
clarify the review process. The City Council considered this item on
January 18, 2011 and directed staff to revise the amendment to include
a public hearing before the Planning Commission for all preliminary
plats.


After a lot of discussion and back and forth it this amendment was
adopted with the provision that the City Council entertain comments
from the community when considering preliminary plats. The planning
commission and community dev director felt it was important that
public comment be received as soon in the process as possible but the
city council wanted to sure that they were being a transparent as
possible as well. The reason that the term public hearing was not used
for the City Council meeting was that there are specific communication
requirements that need to be performed for a hearing versus simply
public comment.


The city manager pointed out that the new city website (coming soon)
will allow city members to sign up to receive notices on a range of
subjects so that they can be as involved as they want.


RESOLVED: Amendment adopted with the proviso for allowing public
comments at City Council meetings as discussed above. The vote was
unanimous.


COMMUNICATION ITEMS BY MAYOR, CITY COUNCIL & STAFF
These items are for information purposes only and do not require
action or discussion by the City Council.
8. DISCUSSION – Utah County Metro Fire Agency – John Park, City
Administrator
9. FINANCIAL REPORT – Lynn Ruff, Finance Director
10. REPORT – North Pointe Solid Waste Special Service District –
Kathryn Schramm

Jan. 18, 2011 City Council

Highland City Council 1/18/11

Unfortunately, my workday ran very long, so I did not get to the meeting until these items came up. My apologies CBH.
• Highland Library will accept an $800.00 grant
• ORDINANCE – Amending the Highland City Development Code Chapter 10 Definitions relating to the definition of a family. Amend the definition of a family for a single dwelling unit. Essentially not more than2 unrelated person and their children living and residing with the family. Family =An individual or two or more persons related by blood, marriage, or adoption,,, living together in a single dwelling unit and maintaining a common household. A family may include 2, but not more than 2, non-related persons and their children living with the residing family not related to the residing family and living with the homeowner. Also, shall not mean a group of non-related individuals, a fraternity, club or institutional group.” (Highlighted areas are the change).
o State is pressuring Highland to have more affordable residences. Tuscana helps, but does not help us to meet the demands.
 Mr. Butler: current basement ordinances does not allow for live-in help or family etc. nor does it allow leases. And, any change requires separate meters, building upgrades, etc. It only addresses new construction and is cost prohibitive for existing homes. Now, we can rent to 2non-related relatives in a common household.
• Planning commission recommended a change to the ordinance.
o Safety concerns: People are going to do this anyway and rent space. 911 calls to get to someone in a basement etc. Need 2 doors or 1 door and conforming sized window. 1 hour fire rated door and fire-rated ceiling between the 2 residences. (Sheetrock in ceiling). (Fire chief). Nonflammable storage in utility room. Smoke alarms and Co2 in basement. Residency occupancy limit.
o Will discuss definition of a family now and later rentals and off street parking
o Property Values: Perception of rentals is that they reduce property values. Alpine has3200 homes with apartments without a property value difference. There is ~$100,000.00 price difference in property values between a similar sized home…Alpine is more.
o Liability: Attny says no city liability
o Affected Neighborhood: Off-street parking.
o Concern of Control: Owner occupied can rent out portions of their homes… or is the city micro-manage person’s home.
o He also states that we are discriminating against lower income individuals if we do not have a change to this ordinance. (My personal opinion at the moment is to let market forces happen CBH)
• Mr. Smith disagrees: Homes could up to 16 people living in the home. Not opposed to related living in common areas but opposed to unrelated doing so for liability and safety issues. He asked how many basement apartments are in Highland since the original ordinance was put in place in the past 18 months. (possibly 1-2). He supports redefining the family, but needs more information for safety and liability.
• Mr. Braithwaite: What is the urgency? (Butler says the council has been discussing for weeks and needs closure) Braithwaite says….so no urgency. The goal is to have affordable housing in the city correct? It isn’t a definition of a family, it is more of an affordable living situation. Butler disagrees saying that this is only one reason. Braithwaite is against. He is agreement to changes in the ordinance for more flexibility and feels this does not meet the need.
• Ms Schramm: Most people who rent their basement do it to make ends meet. They don’t have the funding to retrofit to meet Highland’s ordinance. She recommends redefining “Family” (2 adults 18 years old or older) etc.
• Mayor: Family means cannot be limited to less than 4 people according to state law. So, you could have an owner and 3 unrelated. Our ordinance is too restrictive according to the state law.
• Attorney: No liability for changing the definition of a family. He suggests occupancy limits, then we may have constitutional issues for limiting family size. Laws are designed to protect to the weakest in our society. Theoretically, you could have someone renting out their home with one family (1 adult, 3 unrelated adults, and kids) with up to 9 people in a one bedroom unit. Fire chief is concerned with occupancy limits for rentals.
• Mr. John Park (City Administrator): The current ordinance discriminates against those already finished basements.
 Motion made to adopt the definition: Moved and seconded. Attorney said this is illegal because it does not meet the state definition. Substitute motion made to continue it. First and seconded….motion carried.
• Revised “Family-An individual or 2 or more persons related by blood, marriage, or adoption, living together in a single dwelling unit. A family may include 2 persons and their children not related to the residing family and living with the home owner. The term family shall not be constructed to mean a group of non-related individuals, a fraternity, club, or institution group” This is still under advisement.
• MOTION – Approval of a Subdivision Maintenance Plan and lifting of the moratorium for
open space agreements for the Canterbury Circle and Greenland Mountain Vista subdivisions. They want to be exempted from the open space agreement requirements. The city is proposing writing the agreement so that it can still be applicable in 5-7 years from now.
• The Home owners want to responsible for Maintenance for portions of it (4000 square feet up to 1 acre for lots 1-14). All lots need to enter into the agreement all at once to allow for all homeowners to have access to the entire lot of land. This land was supposed to also be used as a trail, and homeowners are not wishing to have a trial behind their homes. It would require the permission of the property owners to use it as a trail and cannot use Eminent Domain. However, the map for trails already exists and the homeowners need to know that at a future time there would be a trail (?).
• Greenland Mountain Vista: Originally had an Equestrian trail planned and has been construction. This is an easement and is not owned by city. If the Murdoch Connector gets constructed, this trail may not be needed. This is for lots 2-4 and home owners be responsible for 2000-4000 sq feet. City suggests abandoned this land. This is not like any other open space area.
• Ed ? : deferred to a Stan Phillips from Cantebury subdivision. When he bought the property, the open space was for horses and there was not mention of a trail. The owners now have an uncared for piece of property. The developer did not follow through. These people pay a maintenance fee to the city and are not getting the maintenance. There already is a trail in their park, why put another trail behind the same homes that front the city park. Homeowners want to maintain the property and no trail.
• Ed (?): Went over the city code. Improvements need to abide by open space plan. This will not cover any existing structures. No permanent structures. He recommends that the city provide the Moratorium. Let the people apply for open space maintenance by home owners. It would not be deeded to the homeowners.
• Mr. Smith: So, asking for a moratorium on the agreement so that homeowners maintain it and relieve the city of this ‘burden’.
• Motion made to separate the two subdivisions and approve subdivision Maintenance plan for Cantebury. Motion carried. On the Greenland Mtn Vista: recommend giving the property back and abandon the easement. The staff to look into it. Motion to work with residents these lots to allow residents rights to landscape their property per city admin. Seconded. Motion carried.
DISCUSSION – FY2011 Highland Fling Budget – John Park, City Administrator
• Ron Jewett presented plan. Budget is for $35,000.00. This is like seed money and try to have each event make back 50% more than what it costs. He projects the city will get 12-15,000 back, so the actual cost is less. The goal is to have it be a zero-budget item in a few years.
o Mr. Butler: what did it cost us and what did we make back last year.
 Mr. Jewitt: Same events last year but better? Last year $18,035 net cost. $35,000 was allocated and the city made back $12,000.00. Mr. Jewett states there are ways to save money in many of the events. Once the sponsor realizes it is a good option for them, then sponsors will come. Last year, one person did the work, this year there will be a committee will be made back. He is hoping to gain $20,000.00 this year.
 Mr. Jewitt learned that he is chairman for 4 years.
 Ms Schramm asked if they could do it for $30,000 since the city has cut so many things this year. Mr. Jewitt said yes, but something would be cut. He says he needs $35,000.00 to start, but much comes back.
ORDINANCE – Amending the Highland City Development Code Section 5-4-300: Major Subdivision Option and Chapter 5-10: Amending a Recorded Plat to remove the public hearing requirements for preliminary plats and modifying the review process for final plats.

 Removed requirement for public hearing for preliminary plats,
 City council approve preliminary plats
 CC approval of final plats
 Still have public input
 Concurrent review for …..(they took the slide away….sorry)
 Essentially delineates legislative and administrative actions of the Council.
 What is a subdivision(divide land)
 What is the role of the City: public safety, health, welfare and zoning.
 The state requires approval of applicant if they meet all the requirements. If they meet the codes whether we like the applicant or not (No one mentioned it, but I am thinking of the Tuscana issue).
o State law requires a public meeting but not public input.
 Plans:
o Concept Plan (does it meet code or not)
o Preliminary Plat: fatal flaw analysis, preliminary Infrastructure, design-Lot Layout, Street Location, Widths etc Regulation Conformance.
o Final Plat: Civil Engineering Drawings, Regulation Conformance, Right-of-way and Easement Dedications.
 Current Review Process:
o Concept: DRC and Adjacent Property Notification happens
o Preliminary Platt
 Planning Commission Public Hearing
o Final Plat: Planning commission to City Council and public meeting.
o So where is the appropriate place for CC input. Because the comments are coming in the Final plat, the developers were having to change things at the last minute at great expense.
 Proposed:
 Concept
 Preliminary:
o Preliminary Planning Commission
o City Council Meeting
o Preapplication
 Final Plat
o Preapplication if necessary
o City Council meeting
 Non-residential, apartment, condominiums, townhome subdivision.
 Site plan approval before plat approval
 Facilitate economic development
So, it looks like they are trying to fix the process that was notably flawed for the Tuscana issue.
 Planning Commission did hold a public meeting regarding these changes, Ms. Schramm had issues at that time.
 Comments from the Council: If there a controversial issue, maybe able to insert a public meeting. Can open to public comment. DRC is the only time for public comment is in the daytime. We need to have public comment…there is a lot of ‘shall’ words. It seems like we have no choice than to be approval. We don’t have a lot of discretion in the project. The only difference is that we can have public comment in Planning Commission and at City Council. Ms. Schramm suggested that they be invited to DRC to keep them informed (she gave the example of someone asking her about the arrival of Artic Circle and she was unaware of it). Mr. Braithwaite states that many were struck and wanted to know why. He feels that having additional eyes can only help the procedure. He states that there is opportunity for public input. He feels it makes it more difficult for the applicant. He wanted to know who gets notified (neighbors and applicant). The old code provided for this reportedly. What happens if turned down and re-file. How long is the re-file good for? Again, the old code provided with. Clarification from Nathan about sections that would remain. Apparently CC only got a copy of the copy with only the suggested changes.
 Staff will need to make sure that Staff accomplishes everything in the DRC. The CC will have 2 opportunities to make sure all requirements are met. If applicant meets requirements, neither Planning Committee nor CC can disapprove it. They want another public hearing back in…..suggested after Planning Commission. (This means our group may need to send someone to Planning Commission so that we can be alerted to possible unwanted projects and attending the public meeting before it gets to City Council as the only Public Hearing will occur between the two meetings).
 Ms Schramm: motion to insert into procedure that a public hearing be on the Preliminary Platt at the City Council. Motion failed.
 Mr. Butler: City Council amend 504-300 etc maintaining public hearing at Planning commission and keep preliminary and final plats at CC. Seconded. Mr. Braithwaite : substitute motion: give a list of concerns to “Nathan” to address and continue until next meeting to clearly identify for the CC. Moved and seconded. Motion carries.

REPORT – Lone Peak Public Safety District (Police) – Larry Mendenhall:
 Total of over 700 incidences:
 68 alarm calls
 100 animal problems
 16 criminal mischief
 Others 10 or less.
 No real “high crimes” due to officers, populations, and the good citizens.
 Police Dog: Reached the monetary goal to purchase the dog. So next week they will visit 2 kennels in the US that provide this type of specially trained job. Other issues need to be dealt with before the dog can be utilized as envisioned. Police Chief thanked all that contributed to this worthy cause.
Mr. Park gave a proposed budget calendar for 2011 to avoid “crunch time” before the deadline. Will have a preliminary budget by March15, 2011. Then April 5th the City Council comments. Will kick off the new website hopefully with this budgetary process. On April 19, 2011 will be a public open house on the proposed budget. The information from this meeting would be brought on May3, 2011. June 7th would be a legal public hearing. Adopt budget on June 21, 2011 (due June 25th). These are proposed dates only. He wants to get as much public input as possible….yea for that!

Meeting adjourned.

Friday, November 5, 2010

Nov. 3, 2010 City Council Meeting

Highland City Council Meeting

November 3, 2010 7:00 PM - ???



I attended the session from7:00 PM until 9:50 PM at which time the City Council and Mayor went into Executive Session. They were expected to be 1 hour, at which point I came home.



Community Issues:



Mary Lowe - Highland Citizen, addressed the Council. She indicated her backyard bordered a major road and asked that consideration be given whereby she could build a 6’ high privacy fence. Request being considered.



Kent Gibson – Highland Citizen, addressed the Council. He made the identical same request as Mary Lowe above. Request being considered.



Michael Smith – Highland Citizen and student at Lone Peak addressed the Council. He indicated the curb has been painted red on the road that loops behind the high school and wanted to know if he would be ticketed if he parked curbside. It was decided that the curb had been painted red in error and that he could park curbside without fear of a ticket. The City will sandblast the red paint off the curb.



Minutes:



October 19, 2010 – City Council Work Session. After some discussion and correction to the written record the minutes were approved.



October 19, 2010 – Regular City Council Meeting. After some discussion and correction to the written record the minutes were approved.



Scheduled Items:



Motion:

Chris Lee and wife – Future Potential Highland Residents have placed an offer on Lot 8 in the Hyde Estates. This is on a court. There is an existing trail that goes right thru the middle of the court. The City wanted the garage placed (side entry garage) such that it would force the residents to drive out of their driveway instead of backing out of the driveway. According to the City this would be safer for the pedestrians using the trail. Councilman (CM) Braithwaite said public safety was king and the stipulation should not be waived. Tom Butler said we have been surrendering our freedoms for 10 years now, private property was king, and that the side entry garage stipulation should be waived. Hikers should have enough common sense to look both ways before crossing the court and that if they were struck by an auto driven by the Lee family then that is what insurance is for. Butler gets my vote in the future. The council waived the stipulation.



Motion:

The site plan and architectural plan for a new Walgreens retail store complete with a drive-thru located on Lot 6 (northwest corner of SR92 and the Alpine Highway) was approved by the Council.







Ordinance:

Amending Section 3-612, Fences, Walls and Hedges, relating to fencing requirements for property adjacent to arterial, collector streets, and open space areas, fencing between different uses, and fencing design requirements.



Current fencing regulations have led to several concerns from property owners with homes that abut open spaces and are either adjacent to or in close proximity to a public street or active open space area. The concerns expressed have focused on privacy and security issues. The Open Space Committee is recommending that the fencing requirements be changed to allow 6’ opaque fences adjacent to main transportation corridors and open space areas greater than fifty feet in width.



The police chief was not in favor indicating such a fence, which blocks the view of the back of the Barbecoa Fast Food Franchise made it easy for that particular establishment to recently be burglarized. CM Braithwaite felt a 4’ high fence with another 2’ of open fencing would be sufficient for property owners and that that would allow police and other neighbors to monitor each other’s property. He also felt that this kind of a fence would result in safer trails, where open spaces were fenced on both sides. He argued that open spaces fenced on both sides were not safe as they became alleyways and no one from the outside could see in and monitor the well being of pedestrians. CM Tom Butler than spoke his piece. He again said private property is king. If the owner wanted a 6’ opaque fence for privacy issues than he should be able to have it. CM Butler said crime concerns in the “alleyways” could be controlled if more residents got their conceal carry permits or even open carried their weapons. He said people that wanted to leave their private property and travel the public trails should accept some responsibility for their own safety and well-being. CM Smith indicated 50 feet was a lot of real estate and that that should be brought down to 40 feet.



The fencing regulation as proposed two paragraphs above was adopted except that the 50 feet will be changed to 40’.



Motion:

Adopting a new Open Space Agreement & Application for Improvement of open space. An open space agreement allows a resident, in certain circumstances, the ability to landscape a portion of the City owned open space…this would typically appear as the extension of someone’s back yard. A moratorium was placed on additional open space agreements on August 3, 2010 until it could be reviewed and possibly amended.



There was a lot of discussion led by CM Smith. He was in favor of waiving the $240 annual fee as the resident who did the landscaping would then take care of it, reducing the burden on the City, who wouldn’t do as good a job of keeping it up as the private resident probably would do. It was decided by the rest of the council however that there wasn’t enough data collected to make that determination. The new Open Space Agreement is going to be adopted. The annual fees will remain in place until enough data is collected to allow a logical determination as to whether it should be waived at some time in the future or not.



Jim S.

Thursday, October 21, 2010

City Council Oct. 19, 2010

Thanks to Jill C. for this.

Last night, I attended the CC Meeting. Here is my summary of what was discussed:

I. Four citizens made appearances at the beginning:
1. Gerald Omer: lives in a rental that backs up to a public trail. He maintains his area of the trail, but is concerned about debris, concrete chunks, and other misc. that has been showing up on the other parts of the trail. Wanted to know if the city could do a once a year clean up, or post signs.
2. Gina Brown: She stated that money from the city has been set aside for landscaping a hill in the ViewPoint Hill area. She wanted to know if the neighbors could have some input/help plan what is to be landscaped on this hill. Response by John Park (City Administrator): Sprinklers have been put in place. It is a very steep hill and they are looking at planting wildflowers.
3. Kip Gibson: (from Beacon Hills area). Wanted to know if they have revised the fence ordinance and if he was on an upcoming agenda or if there was an update. Response from Nathan Crane (Comm. Dev. Dir.): It is on the Planning Commission Agenda next week. They will work on the proposed ordinance, then it will be come back to the City Council.

II. There was no Public Hearing. It was cancelled because there was no 10 day notice given.

III. Presentation- Annual Library Report (Presented by Kent Slade):
Last year, they had over 6000 borrowers (1/3 of the city). 166k items were circulated. Their goal was to have 25k items and they've exceeded that goal and now have over 29k items catalogued. They have circulated 449 items from other libraries. They've had over 9300 uses on their computers. Over 3,000 children used their Children's Programs. In October 2011 they can submit for a Certified Library and then patrons can use other libraries. This has been their first FULL year of service. We can compare our library size to Payson and Brighm City. They are in need of new staff and money for materials. The videos wear out very quickly. They have a very energetic Library Board. Brian B. asked about goals. Mr. Slade answered that their long range plan is to become State Certified. They have met their goals for this, now it is just waiting time. Scott S. stated that the library is almost built out. In future we'll need to make a plan. Mr. Slade stated that if they could get $10k in next year's budget, they would be able to hire one PT staff.
The question was then brought up about the library fees, and where were they going? Lynn Ruff stated that they money can go back to the Library Foundation. The Mayor requested that the above statistics be mailed to himself and the CC members.

IV. CC Minutes from 10/5/10: A few grammatical changes to the minutes (from Kathryn S). Minutes were adopted and approved.

V. Open Space Improvement (this was the longest portion of the meeting):
Here is the history taken from last night's agenda:

BACKGROUND:

On June 15, 2010 the City Council approved an Open Space Improvement application submitted by

Robert Boyer for property located at 4071 West Park Circle in the View Pointe Subdivision.

On July 20, 2010 Debbie Kinjo, a View Pointe Subdivision resident appeared before the City Council

regarding this approval and asked the application be reconsidered. At the July 20, 2010 meeting Mayor

Ritchie noted correctly that Matt Shipp was working with Mr. Boyer to suspend the agreement until

the Open Space Committee has time to address this and other issues on Open Space agreements. Mr.

Shipp informed Mr. Boyer via e-mail on July 20 that his open space agreement was rescinded.

• Staff has been told that Mr. Boyer intends on planting trees in the open space area the weekend

of October 16, 2010.

• A few neighbors in the View Pointe subdivision have contacted member(s) of the City Council

concerning lack of proper notification of the surrounding neighbors.

• The City Council is working with the Open Space committee to establish details to allow open

space agreements based on individual circumstances unique to every open space subdivision.

• The open space agreement dated May 27, 2010 states the following in paragraph seven of the

agreement, “City may in its sole discretion require the removal of said improvements at any

time”.

• Although the City Council did inform Mr. Shipp to work with Mr. Boyer to not allow the

improvements until they have a chance to rework the open space policy, Council never took

formal action.

• At least one member of the City Council has expressed concern that the Council was not

properly informed that the improvements were to take place on open space that was previously

improved.

On October 13, 2010 the City Administrator contacted Mr. Boyer via e-mail asking Mr. Boyer to not

improve the open space the weekend of October 16th in order to allow time for the City Council to

officially review this application.



Back on June 15, when Mr. Boyer submitted his original landscape plan and request to plant on the Open Space behind his home, the plan had included bushes, flower beds, and many trees. The city council told him that he could just plant the trees. According to Mr. Boyer, he had contacted several of the neighbors before talking to the city and they were ok with his plan. After the city approved his plans, the neighbors decided that they didn't want the trees in their open space. The reasons they cited were 1) it would block their views, and 2) it would take up too much space in the Open Space that they all share, and 3) it would be used as a fence for privacy and they don't want fences. After receiving complaints from the neighbors, the city asked Mr. Boyer to not plant the trees until something could be worked out.



Within the last week, several of the City Council Members went and looked at all of the homes locations, the height of the homes, the size of the open space, etc. Mr. Boyer came to the meeting last night ready to revise his landscaping plan to include 6 trees (3 maples, and 3 dwarf blue spruce) which he had already purchased. He wanted to plant all 6 of them 5' off of the back of his property line on the Open Space property. There were several neighbors there and they didn't want that. After MUCH discussion between the City Council members and all of the neighbors, it was decided by the City Council that he can plant 3 trees (of any variety) no more than 5' off of his property and the other 3 trees will have to go on his own property. After this decision was made, the Mayor gave a plea to the neighbors to not let something so small as this mar the relationships they have with one another. The final vote from the CC was: "Yes" Tom, Kathryn, Scott; "No" Larry and Brian.



VI. Communication Items:

1. Lone Peak Public Safety & Police Report (by Larry Mendenhall):

Larry read a bunch of statistics:

Last month they responded to 421 public generated calls and 355 officer generated calls. They did 68 traffic stops, and reponded to 20 medical calls. In Alpine there were 22 animal calls and 22 for Highland. There were 13 abandoned 911 calls in Alpine and 20 abandoned 911 calls in Highland.



Kathy Loveland is our Victim Assistant. She assists citizens in community paperwork, provides leadership, listening ear, and helps family members when there is a death (until other family members arrive).



Chief Botkin recommends that for greater safety we lock up our homes, shut garage doors, and keep animals locked up.



2. Cedar Hills Boundary Adjustment (presented by John Park):

Cedar Hills wants some of our property. They are calling it a "Boundary Adjustment" which is similar to an "Annexation". Part of the property that Cedar Hills wants from us includes their golf course and the Highland Hill by the GC and some county property on SR-92.

Scott S. stated that we need to keep in mind the properties that could some day be developed for a tax base. John Park (City Adm) stated that our city neighbors to the east and west are aggressively expanding their commercial tax bases and we get all of the headache (traffic, etc) and none of the benefits.

What Cedar Hills wants will leave a penninsula for Highland, which by state law should not be done.

Kathryn reminded us that Zone #2 is a "Well Protection Site".

Tom wanted to know if this is a land swap, or is Cedar Hills just wanting our land.

Mayor said that we will send 2 CC members, the city adm. and himself to meet with 2 of their CC members, city adm. and mayor. Kathryn and Brian volunteered to be a part of this committee.



3. Future Work Session (presented by Mayor Ritchie) will be Nov. 3. Nov. 16th the County is invited to go through the Interlocal Agreement. It is very detailed and they need to go through it before it gets put on an agenda. Larry wanted to know why we need to do an Audit Work Session. Kathryn stated that she wants more transparency. $700k and $900k were supposed to be paid to Highland and she want to make sure they were depostied.

John talked about Exaction Fees: There is a contractor (interested in some developing in Highland--I think he said) who wants a session concerning these fees. A work session was set up for Dec. 16th 5:00 before the CC Mtg.



4. Last June, the CC was informed that the monthly water bills (for every citizen) have been $5.02 short for the last 5-7 years. That ends up being $18k short per month and a $215k per year loss. We haven't been running in the red, but because of this, our reserves are not as high as they should be. Last June, it was decided that , since the taxes had already been raised, that they would not raise the water bill yet and wait until the next budget session (in July 2011). Now, there is a need for a new pump. It will take a month before Matt Shipp can get the pump out of the ground to see what it will take to repair it (costs would range from $10k to $200k). Kathryn was very adamant about not raising the fees without public notice. They will discuss this more after they find out how much the repair bill will be. The Public Hearing will be determined at a future time.

Tuesday, August 17, 2010

City Council Meeting 8/17/2010

Hi All:

There were two huge things discussed tonight:

First, approving a contract for the Murdock Connector Highway. It was approved. See my notes. Basically, if the highway costs more than $4 million, Highland City carries ALL costs.

Second, approving expenditures to make the former City Building ADA compliant. $66K approved. I think this is ridiculous.


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Highland City Council Meeting

August 17th, 2010, 7:00pm

Open Petitions:

1. A woman petitioned for the city to consider reducing building permit fees. She is building a windmill on her property, and has a $260 building permit fee and a $480 conditional use fee (I think because the pole is 45 feet high?)

2. A man showing his support, and also those of his neighbors, for agenda item #7 regarding remodeling the former city hall per ADA requirements. They would like to see it as a building for use of dance recitals and other community events.

Motion: Perpetual Easement on Property to the rear of the former Highland Water Company.

Global Signal Acquisitions has requested to perpetually lease the property. They would essentially purchase it for $223,000. Currently, the income is $16,512/annually. The city would not ever need access to the land. It was recommended by the City Commissioner to table it until they get further information because he feels they have incomplete information. Motion made to continue this item when all information is gathered.

Motion: Approve or Deny the request from Alpine School District for a water requirement reduction for the 9600 N, 6900 W subdivision.

Alpine School District currently owns the subdivision, which consists of 3 lots. One lot is owned by the LDS church, which has already had the requirement waved. The School District asked for the requirement to be waved on the other 2 lots (which are asphalt roadway).

This would set a precedent for excluding waving the water reduction requirements on roads.

My comment: this seems a bit ridiculous. Of course roads should not have a watering requirement.

Moved: to deny the request. Seconded.

Motion: Approving the Interlocal Cooperation Agreement with Utah County for the Highway project known as “Murdock Connector”.

Utah County will reimburse $186,605 of design work purchased by Highland City. Utah County will not reimburse Highland City until they sign the contract.

Utah County obligates Highland City over $4 million dollars for the highway. The city will own the highway and be responsible for maintenance.

A debate ensued for a long time concerning assuming the cost over $4 million on the road. One council member believes the road will cost about $8 million. Another city council member believes this is a great way to get a very good road that we need anyway, and at least we get part of it, if not all, paid for.

Motion to accept the contract, seconded. Ammendment proposed to have $4 million dollars clarified—how exactly will that be spent. Seconded. All in favor.

Motion: Authorizing expenditures as a capital priority to remodel the former City Hall per ADA requirements.

Cities exist to better the residents. We need a gathering place. We need a way to encourage kids to get off the couch and participate, to interact. Two grand pianos have gone unused and been ruined. There is no place to gather for senior citizens. If we have recitals/family events, grandparents will attend. It must be ADA compliant. Arts Council promises to do fundraising for any other costs above making the building ADA complaint. They would not come back to the city for additional funding.

Utilities, paid for by the city, would be about $4000/year. The possibility was raised of recouping that money through rental costs of the rooms in the building.

Is the cash flow good enough for us to do that? $33,000 would come from capital building fund. The rest would come from the general fund.

One Council Member expressed concern that the Highland City has been in crisis mode for the past year and agreed not to discuss this for six months, yet it’s only been two. He believes would should be conservative and wait. He is concerned that this building will simply be a place for the Arts Council and not a community center. He mentioned that the Pointe Academy could work with the Arts Council to use their rooms. Let’s look at the options.

Motion made by Larry Mendenhall to approve the expenditure.

Discussion: City Managers says they feel comfortable with cash flow in approving this request.

Approved.

Wednesday, July 21, 2010

City Council Meeting Minutes 20 July 2010

by Devirl

It was a five-hour meeting but an important one for the Country Club Subdivision.

Appearances

1. Greg Parkinson, member of the Open Space Steering Committee (OSSC), spoke first. There is a new U-Haul storage facility in Highland. – Greg asked the City Council to tell the Planning Commission to verify the information an applicant gives them before approving anything. The picture shown to the PC was nothing like what is actually on the site. The buildings were never built and RV’s, boats etc. are being parked there without permission from the City. There are two problems.
a. No PC member visited the site and therefore the PC made an uniformed decision.
b. Enforcement issue - City is not enforcing its own regulations. NOTE: The City Development Director once told me (EDB) that enforcement wasn’t his (City Hall’s) job. They depend on the residents to point out infractions; reactive, not proactive. That assumes the residents know the law and take the initiative to report the problem. It’s been my experience that even when infractions are reported, the city historically does not respond well. I talked to Councilman Smith about this after the meeting. He’s had the same experience and the Council will move to improve on that. I suspect the new City Administrator, John Park, will get an assignment. By the way John came across in the meeting as quite knowledgeable and is not shy about speaking up.

2. Dave Hall, also a member of the OSSC, spoke in support of the proposed ordinance to allow street legal ATV’s to be operated on the city streets. The CC approved the new ordinance and directed Police Chief Botkin to enforce the ordinance ie pull over the ATV drivers and verify that the vehicle is street legal, the driver is licensed and over sixteen. Objective is get the “five year old ATV drivers” off the residential street. The chief said the police department will respond to calls from citizens.

3. Resident Compliant – Similar situation to #1 above: The City Council recently approved an application for a resident to landscape ten feet into an open space area. The applicant misrepresented the impact on the open space area and the neighbors No one actually went out and looked. Scott Smith took responsibility for the bad decision. The applicant’s neighbors complained to the Open Space Committee Monday and spoke at the CC meeting Tuesday. The approval is being rescinded. “This will not happen again.” said Smith.

At this point we were twenty minutes into a five-hour meeting and this report is on its way to being ten pages long. The rest of the notes will be much more cryptic. The meeting minutes will be on the website in about thirty days for those who want all the detail.

Agenda Items – not taken is sequence by the CC.
6.1 Tree Commission Report – Highland was given the Tree City USA award again for about the 12th year. Mayor Ritchie was very complimentary. We were one of just a couple cities that planted over 400 trees this year. The annual tree planting included 3 Eagle Scout projects, 132 volunteers, 258 volunteer hours, and about $8000 in grant money. I’m guessing the replacement value of the trees planted over the past ten years exceeds $3,000,000. Their value will triple in the next ten years.

7.1 & 7.2 Group Home and Elderly Home Ordinances passed. We, the residents in the Country Club Subdivision, received several complements and expressions of appreciation from the Mayor, three council persons and a couple members of the Planning Commission. Some of the comments were:
a. “You did work that we did not have to do.”
b. “This is a model ordinance for other cities to follow.”
c. “I read the ordinance very carefully and couldn’t find anything I would change.”
Larry Mendenhall of the old regime told me personally that they really thought there was nothing they could do but to approve the Makin application. He voted in favor of the new ordinance and was very happy to do so.

7.3 CC approved a temporary change to the Town Center development plan to limit the number of residences to 162 (Toscana Town Houses). The CC still has a lot of research and debate left concerning the town center development.

The CC had three difficult issues handed to them in January. A legal battle over a rehab facility, a large town house development that nobody wanted and a budget that had to be cut. In addition they have the SR-92 construction and the 4800 West widening going on. The covering of the Murdock Canal and the addition of a major trail have added significantly to their burden. They are working hard (the CC probably 20 hours a week each and mayor Ritchie 40+) and solving tough problems.

7.4 Street legal ATV on Highland streets. Alpine passed a similar ordinance 18 months ago and Chief Botkin said the police have not had an increase in accidents, etc. in Alpine.

7.? The CC discussed a farmer’s market for Highland. There was considerable deliberation. The CC was very careful to word it well. I think it got approved.

9.1 There was a serious safety issue so the CC approved a change to Wendy’s drive through traffic flow. “This is a big improvement.” Councilman Smith said he asked a U-DOT supervisor about putting a light in where Town Center Drive enters SR-92. He was told, “Do even talk to me about that.” Matt Shipp, City Engineer, shrugged his shoulders, bounced his head a couple times and said ”Don’t’ worry about it Scott. He says that to everyone. We’re working on it.”

8.1 Use of Highland City Hall for meetings. Tom Butler championed the reduction in use fee for the residents, pushed for longer hours and more availability. Tom said, the building belongs to the residents of Highland and they should be able to use it. He’s trying to make the building more accessible to the citizens. The new cost will be between $10 and $15 per hour and is open to everything but a religious meeting. Tom checked the insurance liability coverage and it’s not a problem. Councilman Smith wanted to verify Tom’s findings.

9.2 There is $460K earmarked for Beacon Hills Park. This is money that has already been collected from developers and can only be spent on the Beacon Hills park. The only problem is the money was collected and sort of moved around over the last couple years and $0 has been spent up there on grass, trees and facilities. The current CC budgeted some money for this and is collecting the funds. They approved $72K to be spent to finalize the plan and start making park like improvements. This has been dragging on for seven years. The current administration is working long overdue issues.

9.3 The CC approve $35K for sod for the Highland Hills Detention Pond. NOTE: The CC is acting in a fiscally responsible way. They check cash flow before funding budgeted projects. If the cash flow drops off they will delay projects that are in the budget. Remember, they cut 9.9% out of the city budget in order to balance the books going forward and to have a little money for long overdue projects. Matt Shipp is making a serious contribution to the city’s cash position by bringing work in house and cutting his budget.

5.1 The CC eliminated an ordinance pertaining to rock crushing outside the gravel pit. West Rock is crushing rock on site so the CC is acting proactively to eliminate the possibility of someone else coming along and setting us a rock crushing facility some where else in Highland. NOTE: West Rock pays Highland City about $12,000 a month for the rock they pull out of the pit. This will go on for another 5 to 10 years.

5.2 International Building Code was adopted by Highland City Council on a 3 to 2 vote. There were about eight companion codes that were included. One of them is the International Fire Code. NOTE: The only thing not specifically called out in the Group Home ordinance that we wanted was a reference to the IFC. The Group Home ordinance states that ”all applicable building and safety ordinances will apply”. We indirectly got the IFC too!! It can be done.

It was a long and successful night. The new administration is making a few minor mistakes BUT they are taking responsibility for them and moving quickly to rectify those errors and are taking steps to resolve many tough issues inherited from the previous administration.

Make it a point to attend the Planning Commission, Tree Commission, Open Space Steering Committee and/or the City Council meetings some time during the next six months. They are public meetings. They are often tedious but what is talked about affect all Highland residents one way or another. We all can make a difference.