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Consent Agenda
Minutes from the June 21, 2016 Council meeting were approved.
City Reports
CM Rees - Keith Irwin has resigned from the Family Festival Committee so we are currently in need of a few additional members. A co-chair is being discussed with Jerianne but we also need someone who can handle sponsorships. Parks and Trails Committee meets this week but a reminder that our annual summer breakfast is August 13th at 8:00am. Council will be serving breakfast, which will be cooked by the fire department and the Parks and Trails Committee.
David Bunker - TSSD cancelled their meeting. Street projects are scheduled for August 15th on Cedar Hills Drive. Details are in the City Council management report. A new community group called "Sparks Singers" will be starting soon and details will be coming.
CM Crawley - North Pointe Solid Waste met to discuss purchase of Bayview Landfill. This will be discussed further in the discussion item below.
Review/Action - Access Requirements to Include Flag Lot Developments in R-1 15,000 Zone
Last year, the City changed homes in parts of the RR-1 20,000, to be in the R-1 15,000 zone. The homes that were in the RR-1 20,000 had flag lot development rights. The proposed code change would give these development rights back to the homes that were involved in the zone change. The only parcels affected by this zone change are the ones that were involved in the previous zone change. The proposed changes grant the ability to develop flag lots to only those former lots that were part of the previous zone change where the right to develop a flag lot was part of the property rights. This has already been approved by the Planning Commission. This was unanimously approved.
Review/Action - Development and Setbacks
City Code 10-5-29 addresses “Decks, Porches, Patios, Pergolas, Awnings, Hot Tubs, and Similar Structures,”. Included in this section is recreational equipment such as swing sets, slides, and trampolines. It is proposed that in an effort to begin cleaning up this section of code, the language related to recreational equipment be removed as these aren't regulated by the city. As written, the code regulated the construction of awnings, decks into side yard and rear yard setbacks; there are no provisions in this code related to the installation of recreational equipment. The Planning Commission recommends that the language related to hot tubs remain. This was unanimously approved.
Discussion on City-Owned Property Maintained by Residents
Public Comment
Steve Gentry - His property is on Sandalwood Drive and Oak Road. There is a 10 foot easement that belongs to the city and is full of weeds. He sprays the weeks in the spring. He would like to put something other than weeds in the area in order to beautify the area. Would like to put topsoil, ground cover, and bushes there at his expense. Was told by the city he can't do this. He has a way to irrigate it through pipes he installed in his fence, but was told by the city he could only hand water the area. Would like to be granted an exception to be able to irrigate and landscape the area.
The City of Cedar Hills owns many parcels of property throughout the city including open space parcels, existing and future right of way parcels, etc. Several of the parcels adjoin properties owned privately by residents. Some residents wish to include all or part of a city owned parcel in their private landscaping. Staff provided pictures of areas throughout the city where residents have landscaped and are using city property that abuts to their personal property. Some issues to consider would include the following:
- Legal liability. Damage to city infrastructure, injury on city parcel, ownership status.
- Future need of the parcel for City purposes.
- Long or Short term effect.
- Agreement execution.
- Other
My suggestion is that we allow residents to beautify and landscape city property near their homes as long as they obtain a conditional use permit (at no cost to the resident) and with the understanding that if the city determines later to use the land, the resident understands that the city can change/remove the landscaping. CM agreed that we should work with residents on these instances.
Review/Action - Smoking and E-Cigarettes, Park Curfew, and Noise in City Parks
Parks are closed from 11:00 PM to 5:00 AM; which is the same as American Fork City (AF Municipal Code 9.12.01), which is the police department we use. Noise regulations limit amplified sound from Labor Day to Memorial Day after 8:30pm (9:30pm on Friday and Saturday). From Memorial Day to Labor Day after 9:30pm (10:30pm on Friday and Saturday). People can still be in the park after the amplified sound time limits, but not after 11:00 PM (see code 6-8-6). Elsewhere in the City, noise ordinance prohibits certain activities after 10:00 PM when adjacent to a residential zone (code 5-2-2). Currently, when a resident reserves a park, they are given a sheet of park rules and regulations. Currently, the posted park rules prohibit the use of tobacco products in a city park. The proposed ordinance would place language in the Cedar Hills City Code prohibiting the use of tobacco products, including cigarettes, cigars, electronic cigarettes, chewing tobacco, and vaping products.
Staff has recommended changes to the wording of the existing ordinance to include parks, baseball diamonds, soccer fields, recreation areas, and public trails. This was approved.
CM Zappala joined us after this was voted on. Was concerned we were putting time restrictions on trails and wanted this removed. This can be brought up at a future meeting.
Discussion on Solar Panels
The City has received numerous building permit applications for solar units to be installed on the roofs of various homes. During 2015 and thus far in 2016, the City has received approximately 95 (87 approved) applications for solar installation, and recently received an inquiry on installing ground mounted solar panels. Other cities have established code related to renewable energy installation, the example provided by staff comes from West Jordan. The proposed code covers both wind, roof mounted solar, and ground mounted solar. These items are approved by conditional use permits, and the code further regulates the detrimental effects from these types of systems (e.g. light refraction, wildlife impacts, height, appearance, setbacks, etc.).
My only feedback was that I don't want to make it challenging for residents to install solar panels or other renewable energy resources. Chandler said the goal was to make sure that detrimental affects aren't passed on to neighbors, but won't make it challenging.
CM Geddes asked why some were denied. Chandler explained that they are still being worked on, they haven't been outright denied. Stated that the windmill installed near the golf course does cause quite a bit of noise, which should be considered.
Review/Action - Update to Fee Schedule
Modifications are proposed to the City Fee Schedule in order to implement the fees associated with passport acceptance. The city has been accepted to be a passport acceptance facility. Staff anticipates this will be cash flow positive. The biggest cost is labor, but fees set cover the costs. The application fee goes to the U.S. government, the acceptance fee stays with the city. This was approved. The fees are listed below.
Review/Action - Changes to Agreement for Cedar Hills Grill
The current Cedar Hills Grill Concession Agreement restricts the sale of alcohol on the premises, except for catered events. A group renting the Vista Room may serve alcohol during their event if served by a licensed provider. A request has been received by the Grill tenant to modify the Concession Agreement to allow for the sale of alcohol. The proposed change to the agreement is as follows:
15. CONCESSION R I G H T S . Except as otherwise provided in this AGREEMENT, TENANT shall have exclusive rights to the receipts from all food and/or beverage concessions, excluding vending machines located on the premises of the recreation center and golf course properties during the TERM. TENANT shall have the exclusive right to sell food and beverages on the golf course, excluding catered events and vending machine sales, subject to CITY'S rules and regulations and the terms and conditions of this AGREEMENT. TENANT shall be afforded the opportunity to be included on the CITY's Preferred Catering List, to submit a proposal for catering events such as, golf tournaments and CITY events. Tenant may serve alcohol on the premises, including catered events, with proper licensing, and according to regulations established by the Utah Department of Alcoholic Beverage Control (DABC).
CM Crawley said some people come to our course specifically because alcohol isn't served on the course. Says there are positives and negatives from a revenue standpoint, but there are other issues to address.
CM Zappala asked how State law applies, which doesn't allow for alcohol to be consumed in a public building. David Shaw (attorney) said there are exceptions. If we lease the facility to a vendor, he is unclear whether it still makes it a public building. Feels there is an argument on both sides. Feels because the city leases the space, it is no longer a public place as defined by the State. CM Zappala asked if the city can discriminate by stating that alcohol is fine in the Vista Room, but not the Grill area. D. Shaw said this could be an issue, but must involve a protected class. D. Shaw also stated that it would have to be restricted to the Grill, and not consumed in the hallways or restrooms as that would fall under the public building definition. There is also some ambiguity as to whether the city can allow alcohol consumption on the golf course as it may be considered a public area as it is part of the city's recreation program.
CM Geddes asked how it will be handled by kids who work at the Grill. Cameron said someone who is certified to sell and over 21 will always be onsite. Beer will be in a locked cage in the back refrigerator so it won't be visible or accessible to anyone except the person who is authorized to sell.
CM Crawley asked that the vote be postponed. Feels it was noticed as a change to the agreement, not specific to alcohol. Feels there are some ambiguities that the attorney doesn't know the answers to.
My feeling was that the Council already allows third parties to serve alcohol at the facility and beer is consumed on the golf course, so I don't see how we can restrict this third party from selling beer. Cameron indicated it would be limited to canned and bottled beer, and will not include draft beer or mixed beverages. He will also make sure someone over 21 who works for the grill be there to sell. I suggested we change the wording above to specify that it is limited to canned and bottled beer and must be contained in the Grill area so that we don't get in trouble with the public area laws. This was agreed to by others on the Council.
This was approved 4-1 with CM Crawley voting no.
Review/Action - Update to City's GRAMA and Records Retention Policy
The City of Cedar Hills last updated the city ordinance regarding the city records access management program in 1995. By state statute, UCA 63G-2-701, the city is required to comply with the Governmental Records Access Management Act (GRAMA). Numerous changes have been made to the records management program at the state level. Several of the alterations and several of the sections of the State management program do not apply to municipalities. These would include courts, school districts, special service districts, counties, state departments, etc. Under the state code, a city may adopt an ordinance in compliance with Chapter 63G, which establishes criteria and policies related to GRAMA. Once a municipality adopts an ordinance or policy, a copy shall be sent to the state archives with a summary description.
The proposed amendment as required by statutory regulation includes modification to the appeals process. The appeal process will begin with a request to the records office. If an appeal is requested, it shall be made to the Chief Administrative Officer. The next level of appeal will be made to a local appeals board. The final appeal shall be made to the District Court. This would bypass the State Records Committee if there was an appeal. D. Shaw states doing this keeps it local and more efficient as it can be addressed in a more timely fashion. CM Zappala feels that when the State Records Committee sides with the city, that holds more water as it is comprised of people with various levels of expertise. My concern was that the State Records Committee is comprised of people from legal backgrounds, government records background, and a citizen advocate and have no bias one way or the other. My feel is that residents may feel that they get a more unbiased vote from the State Records Committee than a local board, and I'm also concerned with how we would keep our board members updated on GRAMA laws. Having attended State Records Committee meetings, they get very specific with regards to past cases and legal definitions of the laws and I fear we would lose that expertise in decisions that need to be made.
The retention schedule was approved with the exception of setting up an appeals body, which will be discussed at a later time.
Review/Action - Fireworks and Open Fires Restrictions
Due to fire conditions as assessed by the Lone Peak Public Safety District under the jurisdiction of the Fire Chief Brad Freeman, the fire marshal Ben Bailey has issued fireworks and open fire restrictions for all areas east of Canyon Road within the city limits of Cedar Hills. Aerial and non-aerial fireworks shall be included in the restrictions. A resolution has been prepared in accordance with the recommendations of the Lone Peak Fire Chief that fireworks of all types including aerial and non-aerial and open fires of any type shall be prohibited east of Canyon Road within the city limits of Cedar Hills. The FD currently has an issue with someone who is intentionally starting fires, combined with dry weather conditions and other areas in the State are also dealing with fires. This was unanimously approved.
Discussion on Short Term Rentals and Airbnb's
Short term rental properties are becoming increasingly more common. As a result, many cities have enacted legislation to provide requirements that must be met to allow for this type of business to operate. Some cities have outright prohibited short term rentals by defining short term rentals as those whose stay is under thirty days. Other communities have decided to allow short term rentals in cases where the owner is present in the home at the time of the rental. As communities have allowed short term rentals, they have had to place conditions on properties in order to regulate parking, garbage collection, HOA approval, and management companies. Staff will continue to research.
Discussion on Bayview Landfill
North Pointe Solid Waste Special Service District has held discussions regarding participation with NUERA to purchase the Bayview Landfill currently owned by South Utah Valley Solid Waste District. As part of this negotiation, it would be incumbent on participating cities of North Pointe Solid Waste District to 1) commit financial resources to facilitate the purchase of the Bayview Landfill, 2) commit to sending all MSW generated from the participating cities to the Bayview Landfill, 3) commit to long term management and financial obligations in relation to landfill operations including but not limited to environmental risks, health risks, fire, economic viability, etc.
In short, the agreement to participate in the Bayview Landfill purchase puts cities in the business of solid waste landfill. Currently, North Pointe contracts with a private company for hauling and disposal in a landfill of all municipal solid waste. Staff suggests a full risk assessment should be analyzed prior to any commitment. The concern is that we end up subsidizing this, especially as we would be competing with private industry.
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