MINUTES OF HIGHLAND CITY COUNCIL

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1 MINUTES OF HIGHLAND CITY COUNCIL Tuesday, June 15, 2004 PRESENT: STAFF PRESENT: PLANNING COMMISSION: EXCUSED: Mayor Pro Tem Gwyn Franson Councilperson Steve King Councilperson Kathryn Schramm Councilperson Glen Vawdrey Lonnie Crowell, Asst. Dir. Planning & Zoning Matthew Shipp, City Engineer/Director of Public Works Winifred Jensen, City Recorder Steven P. Draper Michael Walch Larry M. Mendenhall Mayor Jess Adamson Councilperson Brian Brunson Barry Edwards, City Administrator OTHERS PRESENT: Sharon Haddock, Chris Dalley, Patty Alexander, John Burggraf, Michael Hoggard, Ron Nielsen, Curtis Ball, Larry Mendenhall, Jason Hawkin, Rob Clawson, Mr. and Mrs. Tom Creighton Mayor Pro Tem Gwyn Franson called the meeting to order at 7:00 p.m. The meeting was called as a regular session and the notice of the time, place, and agenda had been provided the Deseret News, Daily Herald, Salt Lake Tribune, and New Utah on June 1, The addendum was posted and noticed to the news media, as previously noted, on June 15, Prayer was offered by Matt Shipp, and those assembled were led in the Pledge of Allegiance by Wini Jensen. Minutes of the meeting held June 1, 2004, were approved, as amended, by motion from Steve King. Motion was seconded by Glen Vawdrey, and it passed by unanimous vote. 1. Citizen Input Patty Alexander, a resident of American Fork, requested the City Council not put a road through the middle of the Highland Glen Park as she felt a road would make a big difference. She also indicated she felt the park is a jewel the way it is, and it isn t necessary to put a lot of money into fixing it up. 2. Public Hearing on Transportation Element of the General Plan Mayor Pro Tem Gwyn Franson opened the public hearing. She indicated it was not the City Council s intent to take action on the item at this meeting. City Engineer, Matt Shipp, presented the proposal for an amendment to the map for the Transportation Element of the General Plan. Mayor Pro Tem Franson referenced the written input which was given to the City Council from Bryce Flanary and she suggested the document be entered as public record. Glen Vawdrey explained originally there were two committees, one in favor of, and one opposed to, the amended map of the Transportation Element of the General Plan which shows removal of the bypass road off 4800 West. He felt in fairness their voices should be heard. Mayor Pro Tem Franson discussed the option for extending the hearing.

2 Minutes of Highland City Council 2 Tuesday, June 15, 2004 Michael Walch, a member of the Planning Commission, inquired concerning the status of the Forest Service Visitor s Center proposal and whether they were looking at access off North as this parcel is to the east of the proposed by-pass road. Steve King indicated the City Council had a presentation by Kit Mullen, Superintendent of the Timpanogos Cave National Monument and Pam Gardner, Pleasant Grove District Ranger, and they weren't receptive to having the bypass road cut through the Center s property based on size of property, facilities, and the road would limit the use of the property the Forest Service and Timp Cave are trying to acquire. Steve King felt the alignment would have been critical and impacted whether the Forest Service and Timp Cave would go ahead with their project. He felt they would like to see the road go away. Glen Vawdrey recommended holding the public hearing open and indicated he would like a recommendation from the Planning Commission because it is a Planning Commission issue. He also recommended making some calls to a few individuals to inform them the public hearing had been left open. Steve King recommended continuing the public hearing to the next Planning Commission meeting on June 22, and invite the Planning Commission to have the matter on its agenda to make a recommendation. Motion: Glen Vawdrey moved to continue the public hearing to the June 22 nd Planning Commission Meeting, and the City Council will take written comments up to the first meeting in July. Motion was seconded by Steve King, and it passed by unanimous vote. (Steve King recommended the public hearing be set at 7:00 p.m.) Wini Jensen was asked to contact Julia Botitta and Bryce Flanary and inform them the public hearing had been continued. 3. Final Approval of Stowe Subdivision Background: The Planning Commission, in its May 11, 2004 meeting, recommended the City Council grant final approval for the Stowe Subdivision Plat B, subject to staff comments, with a note on the plat stating the fence will be modified or removed to comply with the current fence ordinance prior to building permit being issued. Discussion: Discussion addressed the existing fence along North. It was determined the City could require the fence to be moved on Plat B, but not Plat A because Plat A had previously been approved with the fence. Motion: Kathryn Schramm moved to grant final approval for the Stowe Subdivision Plat B, and with a note on the plat stating the fence will be modified or removed to comply with the current fence ordinance prior to the building permit being issued. Motion was seconded by Glen Vawdrey, and it passed by unanimous vote. 4. Easement for Granite s View Point Subdivision Background: Per the City s request, Granite Construction Company has proposed, and Westroc Company has granted, the use of Westroc s temporary access road to Granite s View Pointe Subdivision through Westroc s gravel pit. It is Westroc s intent that this road will be used as emergency access only if View Pointe s primary access point off SR-92 is inaccessible. The access road will be left in place until gravel-mining operations necessitate its removal. Granite will leave Lot 409 vacant until the temporary access is no longer necessary. Discussion: City Attorney David Church explained he was involved in the original development agreement with Granite Construction for the View Point Subdivision noting it was a non-typical

3 Minutes of Highland City Council 3 Tuesday, June 15, 2004 subdivision for Highland City. He gave an overview of the history of the property indicating it had been a controversial parcel as Highland had forced its annexation and the owners at that time, Gibbons and Reed, challenged the annexation. Highland then forced the annexation a second time and another lawsuit was filed. While the lawsuit was pending, Highland wanted to acquire some property for a public works building and Granite made application to run the property as a gravel pit. The residents came up in arms and didn't want the gravel pit and held public hearings. In an effort to find a win-win solution the City ended up negotiating with Granite to turn their property into a residential development, instead of a gravel pit. The City compromised and came up with a specific development agreement which gave Granite development rights and ten years to develop. David Church indicated the City has chosen to have a binding agreement in order to keep Granite from being in the gravel pit business. David Church further explained there is one working access for the subdivision and the other road would go to Alpine. It had been expected the Patterson property in Alpine would develop sooner than Granite. Alpine now has a road stubbed where Highland's proposed road would connect. Because of the relationship with Patterson and Alpine, Patterson has chosen not to develop their property at this time, even though it has been approved. The issue has been how the City can honor its agreement with Granite and take care of potential future needs for a second access. One of the solutions is to take lot 409 and use it as an emergency access. This requires an agreement from Mr. Spurlino for an easement to get vehicles out through Westroc s property. Granite has been successful obtaining a letter from Mr. Spurlino, and will have that available. David Church explained this is the best the City can do for a second emergency access. and comply with the development agreement, unless the Patterson property develops. This agreement gives legal access to go through the Spurlino property. Discussion ensued. John Berger, representing Granite Construction, indicated it is Granite s intent, when the agreement with Mr. Spurlino and Granite is approved, to improve the road and install a hard surface. David Church clarified a note will be placed on the plat indicating Lot 409 will be held until the road access through the Patterson property is completed. Motion: Steve King moved to accept the Spurlino Granite easement for the Viewpoint Subdivision emergency access road. Glen Vawdrey recommended an amendment that the road be in place before occupancy permit. Motion was seconded by Glen Vawdrey, and it passed by unanimous vote. 1. 8:00 P.M. Public Hearing on Boundary Adjustment with Alpine City Mayor Pro Tem Franson opened the public hearing and there being no public input, she closed the hearing. 6. Adoption of Ordinance No , Ordinance Adjusting the Boundary of Highland City and Authorizing the Amendment to the Articles of Incorporation of the City of Highland Background: A public hearing has been scheduled for this meeting to adjust the boundary of Highland City to permit.6858 acres to be annexed to Alpine City, which is located at approximately North Alpine Highway. Motion: Glen Vawdrey moved to adopt Ordinance No Motion was seconded by Steve King, and it passed by unanimous vote. 7. Pavilion for Highland Town Center Meadows Background: The developer of Town Center Meadows is required to build a pavilion. Staff has had discussions with the developer about the materials to be used in the pavilion. The developer has a

4 Minutes of Highland City Council 4 Tuesday, June 15, 2004 budget in mind which provides for a somewhat plain pavilion. If there are to be upgrades to the pavilion, he wants the City to pay for them. Highland City s share of the bid for the Town Center Park Pavilion has been submitted at $8,246. The City Council, in its June 1, 2004 meeting, requested drawings of the pavilion be reviewed. Discussion: Smokey Creek was planning on building a pavilion for the Highland Town Center; however, the Planning Commission recommended the developer make the roof a little nicer and add rock columns. The developer is requesting the City assist by paying for the additional costs as a result of the improvements. In its last meeting the City Council requested elevations and they were included for the upgraded pavilion. Discussion ensued. Gwyn Franson recommended getting the numbers for the total improvement costs and see how they were broken down. Steve King indicated he wanted to see the whole plan for the open space. Steven Draper indicated when the pavilion discussion came up in Planning Commission the plan submitted was nothing more than steel poles and a flat roof. It was suggested since the pavilion was leading into the Town Center it should have a more stable appearance. It was recommended it have stone columns, but as far as paying for the improvements it was put back on the developer. The developer came back with a pavilion plan with $8,000 in improvements. He suggested the developer be held to a high standard in the Town Center. Motion: Glen Vawdrey moved to continue until the City Council has more information. (Gwyn Franson wanted to see the total improvement costs and how they were broken down.) Motion was seconded by Steve King, and it passed by unanimous vote. 8. Public Hearing Amending Section (8) Public Utilities and (8) Public Utilities of the Highland City Development Code and Adoption of Ordinance No , Ordinance Amending (8) and (8) of the Highland City Development Code Discussion: Mayor Pro Tem Franson opened the public hearing, and there being no public comment she closed the hearing. Lonnie Crowell explained since the City Council recently passed the Public Utility Zone that the changes to Section (8) and (8) of the Development Code removes reference to public utilities and poles obtaining conditional use approval in the residential zones. Motion: Steve King moved to adopt Ordinance No Motion was seconded by Glen Vawdrey and it passed by unanimous vote. 9. Highland Glen Park Master Plan Implementation Background: Blake McCutchan has presented a draft proposal for the two west recreation park areas at the Highland Glen Park, as well as preliminary cost estimates for the two areas. The proposal is developed to include the services necessary to prepare designs for all of the park elements, obtain construction bids, and monitor the construction process. Discussion: Matt Shipp explained the agreement is for the design work for the Highland Glen Park. He indicated the design numbers fall in line with the construction numbers; however, the construction approvals will be sought at a later time. This proposal is only for the design and oversight of the construction. Budgeting issues were discussed. Gwyn Franson felt the improvements would come from park impact fees. Mr. and Mrs. Tom Creighton indicated they live on the edge of the Highland Glen Park and it has been a mixed blessing. They enjoy the view and proximity of the park, but not the sound of music and other impacts which were noted. They asked if the City could create buffer areas between the residential

5 Minutes of Highland City Council 5 Tuesday, June 15, 2004 area and the park in order to mitigate impacts. Mrs. Creighton was told a walking path was planned to be put on her back fence. She had concerns for the public having more access to her backyard, and she didn t view that as a good thing. Gwyn Franson indicated the City Council would do the best it can to make a happy medium for the benefit of residents and the park. She encouraged the residents to remain involved. Motion: Glen Vawdrey moved to authorize the contract with Blake McCutchan for design of the Highland Glen Park with the budget, as presented, and then meet with the Planning Commission and City Council at a joint meeting to discuss specifics about the design before they actually begin the design. Motion was seconded by Steve King, and it passed by unanimous vote. 10. Surplus of City Computer Equipment Background: Highland City has several pieces of used computer equipment which needs to be surplused. Highland City Council needs to establish a policy for surplusing city equipment and authorize City Staff to dispose of the city computer equipment. Discussion: Gwyn Franson indicated she thought the City had a surplus of city property policy and didn t know whether Barry Edwards had checked on it. Kathryn Schramm brought a copy of the policy used by the University of Utah. Motion: Gwyn Franson moved to authorize staff to develop a policy, if there isn't already a policy for surplusing City equipment, and authorize them to dispose of excess supplies and equipment. Motion was seconded by Glen Vawdrey. Kathryn Schramm indicated she would rather not authorize staff to dispose of computer equipment without getting a policy in place. Steve King indicated he wanted to see the policy. He requested an amendment to the motion to authorize the development of a policy, if there isn t already one in place. Glen Vawdrey accepted the amendment and the motion passed by unanimous vote. 11. Recommendation for Grand Marshall for Highland Fling Gwyn Franson reported Mayor Adamson recommended the City honor the returning servicemen as the Grand Marshal for this year s Highland Fling. Kathryn Schramm reported she had received some good nominations and she chose Johnnie and Jeannine Iverson and read the nomination. Motion: Gwyn Franson moved to approve the recommendation of Jeannine and Johnny Iverson to be the Grand Marshals for the Highland Fling. Motion was seconded by Glen Vawdrey, and it passed by unanimous vote. Kathryn Schramm will notify Mr. and Mrs. Iverson of their nomination to be grand Marshals for the Highland Fling. 12. Request for Permission to Place a Banner Across the Alpine Highway at North Background: Kathryn Schramm is requesting permission to place a banner across the Alpine Highway at North to advertise the Highland Fling. Discussion: Kathryn Schramm indicated it was learned the proposed banner would be too much trouble and it was determined not to pursue the issue.

6 Minutes of Highland City Council 6 Tuesday, June 15, Adoption of Resolution No , Adoption of the Tax Rate Lynn Ruff explained he had just received the tax rate from the County Auditor s Office and the tax rate needed to be adopted before June 30. He explained the proposed tax rate won t raise taxes; however, the revenue will mean an increase of $100,000 more than was budgeted. These funds can be put into capital projects. Motion: Glen Vawdrey moved to adopt Resolution No adopting the tax rate of for fiscal year Motion was seconded by Steve King, and it passed by unanimous vote. 14. Planning Commission Update Gwyn Franson indicated the Planning Commission in its last meeting addressed Concept Approval for Jim Huggard s property and Preliminary Approval for Cedar Hollow Addition. 15. Adjournment Meeting adjourned at 9:30 p.m.

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