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MINUTES
HIGHLAND CITY COUNCIL MEETING
Tuesday, September 6, 2011
Highland City Council Chambers, 5400 West Civic Center Drive, Highland, Utah 84003
PRESENT:
Mayor Lynn V. Ritchie, conducting
Councilmember Brian Braithwaite
Councilmember Tom Butler
Councilmember Larry Mendenhall
Councilmember Kathryn Schramm
Councilmember Scott L. Smith
STAFF PRESENT:
John Park, City Administrator
Matt Shipp, Public Works Director
Nathan Crane, Community Development Director
Gina Peterson, City Recorder
Kasey Wright, Legal Counsel
Kip Botkin, Police Chief
Lynn Ruff, Finance Director
OTHERS: Tasha Curry, Jessie Schoenfeld, Craig Hendricks, Tim Irwin, Heather Groom, Sean Horan,
Michelle Cunningham, Doug Cunningham, Christy Whiting, Colleen Jemmett, Allison Matthews, Bob
Woods, Brandon Scott, Ethan Scott, Garin Scott, Ross Mickelson, and Jacob Mickelson.
The meeting was called to order by Mayor Lynn V. Ritchie as a regular session at 6:30 p.m., and notice
of the time, place, and agenda had been provided the Deseret News, Daily Herald, and Salt Lake
Tribune, on August 31, 2011. The meeting agenda was posted on the Utah State Public Meeting Website
at least 24 hours prior to the meeting.
ADJOURN TO A CLOSED EXECUTIVE SESSION
MOTION: Brian Braithwaite moved to adjourn to a closed executive session for the purpose of
discussing the purchase, exchange, or lease of real property, pursuant to Section 52-4-205(1) of the
Utah Code, Annotated. Kathryn Schramm seconded the motion. Those voting aye: Brian W.
Braithwaite, Tom Butler, Kathryn Schramm, and Scott Smith. The motion passed with a
unanimous vote.
The meeting adjourned at 6:31 p.m.
EXECUTIVE SESSION – Purchase, Exchange, or Lease of Real Property
An executive session was held at 6:31 p.m. for the purpose of discussing the purchase, exchange, or
lease of real property, pursuant to Section 52-4-205(1) of the Utah Code, Annotated. Those in
attendance were: Mayor Lynn V. Ritchie, Councilmembers Brian W. Braithwaite, Tom Butler, Kathryn
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Schramm, and Scott Smith; staff members John Park, Kasey Wright, Gina Peterson, Nathan Crane, and
Lynn Ruff.
The closed executive session adjourned at 7:06 p.m.
The prayer was offered by Tom Butler, and those assembled were led in the Pledge of Allegiance by
Larry Mendenhall.
Appearances
Mayor Ritchie noted Agenda Item 6, a motion Amending Phase One of the Mountain Ridge Subdivision,
would be pulled from the agenda this evening at the request of the applicant.
Mayor Ritchie invited comments from the public regarding items not on the agenda.
Doug Cunningham indicated he was presenting the Beacon Hills Open Space item on the agenda later in
the evening and wanted to publicly thank those in audience from Beacon Hills for their attendance and
encouraged them to speak in support of the Open Space Maintenance Plan.
Douglas Knighton, 6463 West 10250 North, noted he installed a soda and candy vending machine on the
side of his property. He owns Coinplay USA and designs arcade games for a living. He stated the
vending machines allow him to work with his kids to teach them responsibility and give them a way to
make income. He said he went to the expense of buying the machines, and building the shelter. He
received a letter from code enforcement indicating these are not allowed. He feels like he is being
singled out. He does not see it as a burden to anyone and would like to leave them. He indicated he got
comments from his neighbors in support of the machines being there.
Nathan Crane indicated code enforcement is always complaint driven. The City received a complaint
about the vending machines and they are not allowed in the R-1-40 district or as home occupation
because of the outside storage and view. The City Council would need to determine if they want to open
up the city to allow outdoor vending in yards to allow this use.
Mr. Knighton stated he cannot see everyone wanting to do that. Mayor Ritchie agreed the City Council
needs to address if they want to open it up or how to deal with it, but they can’t treat him differently than
someone else. He stated it is not currently in the ordinance so discussion would have to take place.
Michelle Cunningham, Timberline Drive, spoke in support of the Open Space Maintenance Plan for
Beacon Hills Plat I. She said 20 feet behind her house was initially planned to be a trail and in the past
year Highland City has stated it wants to get rid of redundant trails and cut landscaping and maintenance
of open space. It appears that the City cannot maintain the Open Space it has. She said Highland has
also given Alpine $17,000 to construct the Pfeifferhorn Trail in Alpine, and Alpine does not want to use
Highland’s 20 feet for their trail. She said it does not make sense to landscape this area for Highland.
She feels it would be an open invitation for motorized vehicles. It would be better to put the money
toward the Beacon Hills Park. She is aware that City staff is concerned with checkerboarding in the
event that everyone does not sign a maintenance agreement. Timberline has 100% consensus on
orphaning the 20 feet behind their houses.
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Sean Horan, Timber Ridge Lane, expressed support for vacating the trail corridor as well. He has put a
lot of money into his home. He also built a new retaining wall to deal with drainage. He would like the
chance to have the orphaned property behind his home.
Kristy Whiting, Timberline Drive, indicated she has been maintaining the 20 feet behind her home. She
requested the City orphan the property as well. She feels that once the property is orphaned it would do
away with the checkerboarding and beautify the area.
Colleen Jemmet, Timberline, indicated she purchased her lot because of the open space and the trail
system behind her lot. Instead it is thistles and weeds and motor vehicles. She stated fencing would not
make the area too narrow for the people that are supposed to use it. She expressed support for the
proposal to be presented later in the meeting.
Heather Groom, Twin Bridges, stated many of the homes in the area have issues with flooding. She
stated they have had a sink hole issue. She believes the property was obtained with good intentions of
installing a trail, but it is not feasible at this point due to the terrain and proximity to Draper City. She
feels like it is a liability to the City to hold the property and not maintain it because of flooding and fire
hazards. She would like the property back, or to go back to Bob Woods who would give it to the
residents.
Bob Woods, managing member of Twin Bridge Estates, LC original developer of Beacon Hills,
expressed support of orphaning the property for a variety of reasons he indicated he would explain later
in the meeting.
Craig Hendricks addressed the Mountain Ridge Estates subdivision. He stated originally the subdivision
and the ordinance created was very straight forward. It was a 60 acre parcel and in exchange for higher
density the subdivision would include a 17 acre park. The zone required the Planning Commission to
determine if it was compatible to surrounding properties and twice they denied it. The City Council
approved it anyway. He noted the final plats have long since expired and wondered why they don’t have
to go through a formal reapproval process after expiration. Concessions were given to adjacent property
owners including that the larger lots would be adjacent to neighbors and a trail on the west side. He
stated according to the ordinance the trail can’t be adjacent to a right-of-way. He expressed concern that
the trail was taken away at the previous meeting and now the density is on the agenda to be increased
again. He stated if this approved there will be three backyards against his one backyard. It will also
decrease many of the frontages in this buffer area to less than 130 feet which also goes against the
ordinance. He asked the City Council to do what they could to maintain the promises in the ordinance.
Allison Matthews expressed agreement with the comments made by the neighbors regarding the Beacon
Hills Plat I Open Space Maintenance Plan.
City Council / Mayor Items
Scott Smith stated there is a trail subcommittee of the park committee that has not met for some time.
In light of the many comments about trails this evening, he recommended staff address the Trails Master
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Plan with the Trails Subcommittee. Mayor Ritchie stated John Park has started in that direction based on
a conversation he had with him today.
Scott Smith stated there has been some discussion about eliminating the flower beds along Beacon Hills
Blvd that cannot be maintained very well. He stated flower beds are extremely time consuming to
maintain. John Park indicated that the Public Works under Matt Shipp are very aware of the problem
and are asking to eliminate the flower beds.
Scott Smith asked for an update on the deer problem noting he has a herd of deer in his yard. Mayor
Ritchie indicated the City has purchased the cameras to identify the travel routes, however he has not
heard back from Brian Cook or the State on approvals to cull the herds.
He asked if North County Blvd was still scheduled for a completion date of September. Matt Shipp
stated it may be in a change mode and may not be done by September. When asked by Scott Smith, he
noted Caddie Lane will meet AASHTO standards. He stated he is at a loss for a final completion because
it keeps changing from the County, but anticipates them being done by September 30, 2011.
Jessie Schoenfeld asked if a fine could be charged to the contractor. Mayor Ritchie indicated this is a
County project and the County is frustrated as well, and they are in the area of damages at this point.
Kathryn Schramm asked if the Open Space Committee has plans to discuss the issue of Hidden Pond.
Scott Smith said they really need a representative from Hidden Pond, but at that point there was not a
consensus to go forward with an Open Space Maintenance Agreement.
Kathryn Schramm then asked what progress has been made to notify residents who are purchasing water
from the City and what methods have been put in place to allow them to pay off their debt. John Park
stated there was never a policy against it; staff just did not know how to split the item on the utility bill.
John Park indicated his feeling was there is a way to do it now. Kathryn Schramm stated essentially the
City has a lien on her property until she finishes paying it off along with liens on the other 159
purchasers in the City. She stated that 160 people are purchasing water from the City that it shows on
their bills a purchase price and a utility system price. It does not show has been paid off and how much
is still owed. Approximately 300 other city water purchasers are paying for the purchase and the system
in one figure on their utility bill.
Tom Butler asked for an update on Walgreens. Nathan Crane indicated last he heard they were working
through financing details. The company was then bought out. If they could not be open for this holiday
season, they will be planning for next spring. He noted Arctic Circle is under construction.
Tom Butler asked about T-Mobile. Nathan Crane indicated the applicant has decided to postpone
discussions until they reevaluate their request internally.
Tom Butler asked about an update on amending the election ordinance. It was noted this is planned to be
on the next City Council agenda.
MINUTES
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Minutes for the August 16, 2011 City Council Meeting (Agenda Item 4)
MOTION: Larry Mendenhall moved to approve the minutes from the August 16, 2011 City
Council meeting with changes as noted. Tom Butler seconded the motion. Those voting aye: Brian
W. Braithwaite, Tom Butler, Larry Mendenhall, and Scott Smith. The motion passed with a
unanimous vote of 4:0. Kathryn Schramm abstained from voting.
PUBLIC HEARINGS
7:00 P.M. PUBLIC HEARING
ORDINANCE – Amending Section 3-4302 and 3-4303 relating to permitted and conditional
uses in the C-1 Zoning District (Agenda Item 4)
Nathan Crane, Community Development Director, outlined the proposal will amend Section 3-4302 of
the Development Code by identifying permitted, conditional, and prohibited uses in the C-1 Zoning
District. The C-1 Zoning District applies only to the Kohlers Shopping Center and the Kountry Corner
Gas Station along SR-92. Currently all uses in the C-1 District are conditional uses. Staff is proposing to
identify permitted, conditional, and prohibited uses in order to allow tenants to change use without
requiring them to obtain a conditional use permit. This will align these uses with the same type of uses
currently permitted in The Marketplace (CR Zone), directly across from Kohlers.
Mr. Crane stated conditional use permits are tools that are meant to give limited flexibility to a
development code. If a use is allowed as a conditional use, it is assumed that the conditional use is
desirable. Most conditional uses have off-site impacts that are addressed through site design. This
includes landscaping, walls, lighting, etc. However, if a proposed use meets the requirements of the
development code, it must be approved.
The proposed uses in the C-1 District are similar to the CR Zoning District. The proposed uses include
retail, restaurant, service, and office uses. The type and intensity of the uses are compatible with the
surrounding uses. Staff does not believe that these uses warrant a conditional use permit. Specific zones
usually have lists of permitted and conditional uses. It is possible to have zones that have no conditional
uses. The C-1 District is the only zoning district where all uses are a conditional use. Staff believes this
creates a disadvantage as compared to the Marketplace. The proposed amendment will encourage future
investment in the property and facilitate economic development.
Mr. Crane noted a conditional use permit requires a public hearing before the Planning Commission and
a public meeting before the City Council. This process takes six to eight weeks. According to the
property owner of the Kohler’s shopping center, the length of the process is problematic when trying to
find tenants to fill existing spaces.
General clarifications took place regarding the ordinance. The Council discussed the permitted use of
“retail sales of new merchandise, excluding adult uses”. Kathryn Schramm wanted to remove the word
“new” to allow for the sale of gently used clothing or a thrift store, Brian Braithwaite did not want a
thrift store in Highland.
Tom Butler felt Section 2 had contradicting information with incompatibility of uses. Discussion took
place to clarify this section and it was determined the Section called “Determination of Use” should be
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stricken. John Park suggested the City Council determine what other uses they would like allowed in the
zone and staff can come back and add those uses.
Tom Butler expressed concern about making it difficult for a new business to locate in this zone.
Larry Mendenhall stated it will be difficult to come up with a complete list of permitted uses and he
believes the Planning Commission should be involved in the process to recommend approval of adding
uses.
**Mayor Ritchie opened the public hearing at 8:09 p.m. No one desired to speak and the public hearing
was closed**
MOTION: Brian Braithwaite moved to continue the ordinance to the next scheduled meeting to
allow staff to come back with proposed wording for additional categories and additional wording
for adult/sexually oriented businesses. Larry Mendenhall seconded the motion. Those voting aye:
Brian W. Braithwaite, Tom Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The
motion passed with a unanimous vote.
The City Council was directed to give any comments to Mr. Crane to be included with the ordinance.
Tom Butler asked how specific auto repair uses were determined to be excluded. Mr. Crane indicated it
was uses that have more of an industrial character that were prohibited. The low impact auto repair uses
were the ones that were allowed.
7:00 P.M. PUBLIC HEARING
ORDINANCE – Amending Chapter 2 Municipal Planning to add Article 6 Development Review
Procedure relating to neighborhood and pre-application meeting requirements (Agenda Item 5)
Nathan Crane, Community Development Director, outlined a provision to add Article 6 Development
Review Procedures to Chapter 2 Municipal Planning of the Highland City Development Code. The
intent of this article is to have all review processes in one location. This amendment proposes to add
requirements for pre-application and neighborhood meetings. Pre-application meetings are required for
all land use applications. However, there are some instances in which a pre-application may not be
needed. Neighborhood meetings are used for general plan amendments, rezonings, and conditional use
permits. Neighborhood meetings will take place a minimum of 15 days prior to a public hearing. For all
city initiated applications, the Planning Commission public hearing will serve as the neighborhood
meeting.
Kathryn Schramm asked about the attendance at the Planning Commission public hearings. Mr. Crane
said it depends on the case and how controversial an item might be to the neighborhood.
Scott Smith asked if this concept has been used in other cities and Mr. Crane said he has used it
successfully. Scott Smith said he can list the last 7 or 8 projects where neighborhoods did not embrace
projects and some might be good for the city. He asked if there is some risk that the applicant will get
beat up initially and then withdraw. He expressed concern about setting up a barrier because most of the
people in the neighborhood are going to oppose it. Mr. Crane indicated the intent is not to get
neighborhood approval; the intent is to give awareness.
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John Park stated the worst nightmare for a developer is to get blindsided at a Planning Commission
public hearing. In his experience they prefer input and communication up front. He said it does not slow
down the process; it lets the developer know what the issues are going to be and informs the neighbors
something is coming.
Larry Mendenhall commended Mr. Crane on the ordinance. He likes the pre-application meeting and
neighborhood meeting portions of the ordinance. He stated the neighborhood meeting is a significant
step toward conflict resolution. He outlined reasons he is favors of the ordinance.
Brian Braithwaite stated the biggest complaint he hears from residents is the comment “I didn’t know”.
As a councilmember that gets frustrating. He said if staff is not at the meeting, there can always be some
kind of miscommunication. He thinks a disclaimer needs to be made that comments made in the
meeting does not necessarily represent the views of the City. He believes the meeting notes need to be
published and it should be required in the ordinance. He suggested the name of the meeting be changed
to “Neighborhood Notification Meeting” to convey the intent of the meeting to notify.
**Mayor Ritchie opened the public hearing at 8:29 p.m.**
Craig Hendricks stated this process would have made a big difference when the Mountain Ridge
subdivision was approved. He said for the most part residents are not trying to stop something; they are
just trying to minimize impacts.
Chris Dalley stated when she lived in Provo it was divided into neighborhood committees and she was
the president of her specific committee. She stated it worked really well except for the times when she
got flack as the president when she arranged meetings. Overall she felt the concept worked really well.
She noted these kinds of meetings are sometimes difficult to arrange, sort of like herding cats to get
everyone to come. She asked who would be responsible to facilitate the meetings and Mr. Crane
answered that the developer would be responsible to do so.
**Mayor Ritchie closed the public hearing at 8:34 p.m.**
Scott Smith stated he believes in being transparent and open so he supports this but he does not want it to
affect the process. He suggested involving HOAs for neighborhoods and using the “Notify Me” feature
of the website.
Mr. Crane stated often HOA’s are not current or are not active. He would not mind adding the HOA in
addition to, but he would not substitute in lieu of the 500 feet radius notification.
Additional discussion and clarification took place on the ordinance.
At Tom Butler’s request, Mr. Crane explained that the Planning Commission is considered the
neighborhood meeting only when it is a city initiated application such as a General Plan amendment.
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Tom Butler asked if there was a reason for the 4x4 sign which is very large. Mr. Crane indicated the
typical sign posting is 11x17, but the Planning Commission wanted a larger more substantial sign to
increase visibility.
Larry Mendenhall asked what provision would hold the developer accountable to the information given
to the residents. Mr. Crane stated the goal is to have a report provided that would be part of the public
record with the Planning Commission and City Council meetings. The neighbors could see what they
discussed is in there.
Kathryn Schramm stated she is concerned that notices must be mailed to all property owners within
established subdivisions within 500 feet of the property or 700 feet of empty fields, so the same situation
does not happen when 500 feet from the proposed T-Mobile pole did not include everyone. Mr. Crane
stated there are two ways that is being addressed, the 500 foot radius as well as the large sign. He
suggested being consistent in the notification process, stating no matter where you draw that line
someone is going to be over it. He noted staff will create a standard format for the sign as has been done
with Open Space. Kathryn Schramm asked who would make sure the developer mails the notices in a
timely manner. Mr. Crane stated this requires the developer to show the letter and the date it went out.
Kathryn Schramm talked about business days versus calendar days.
John Park stated calendar days are easier to count and 10 days seems to be a sufficient amount of time
because any more than that is too long. Additional discussion took place about this issue. Kathryn
Schramm stated she would like the wording to be more specific on the mail distribution.
MOTION: Brian Braithwaite moved to adopt Ordinance 2011-21: Amending the Highland City
Development Code Chapter 2 Municipal Planning to add Article 6 Development Review
Procedure relating to neighborhood meetings and pre-application meeting requirements with
following changes:
 That the title “Neighborhood meeting” be changed to “Neighborhood Notification
Meeting” throughout the ordinance.
 In Section 4B – the following be added to the end of the paragraph “The applicant must
make a reasonable effort to maintain the visibility of the sign during the notification
period.”
 The Applicant must publish neighborhood notification meeting proceedings to become part
of the Planning Commission and City Council minutes which are posted on the city
website.
 Add item number 7 – which is a disclosure that the applicant does not represent the City
and if residents have questions they should call the City.
Tom Butler seconded the motion. Those voting aye: Brian W. Braithwaite, Tom Butler, Larry
Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a unanimous vote.
SCHEDULED ITEMS
MOTION – Amending Phase One of the Mountain Ridge Subdivision, located at approximately
10400 North 5600 West, to add one additional lot (Agenda Item 6)
**This item was pulled at the request of the applicant**
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MOTION – Approving a Subdivision Maintenance Plan and lifting of the moratorium for open
space agreements in the Beacon Hills Plat I, located in the northwest area of Highland (Agenda
Item 7)
**Mayor Ritchie recessed the meeting at 8:57 p.m. The meeting reconvened at 9:06 p.m.**
Nathan Crane, Community Development Director stated the Municipal Code allows private maintenance
of certain public property. A subdivision maintenance plan is required to be approved by the City
Council prior to consideration of an open space maintenance agreement. The purpose of the subdivision
maintenance plan is to identify the property which is eligible for private maintenance, the type and level
of landscape improvements, and any conditions associated with private maintenance of the property. The
Open Space Committee (OSC) has developed a subdivision maintenance plan for Beacon Hills Plat I.
The applicant is also requesting that the property behind lots 1-18 and 19-27 be declared as orphan
properties.
Mr. Crane gave the following analysis:
The Municipal Code allows a Subdivision Maintenance Plan (SMP) to identify land to be maintained by
private properties. It does not include procedures for declaring open space property orphan. As a result,
staff believes the SMP cannot be approved as submitted. In an effort to be transparent and solicit public
input, the staff believes the Council should establish criteria and a process for designating open space as
orphan properties. In addition, staff believes the Park and Trails Committees should provide input
regarding the disposal of property that has been designated as parks and/or trails.
Many of the lots are vacant. The proposed action would leave a checkerboard of property ownership.
Staff believes that if a property is disposed of all adjacent owners need to participate in order to address
equity and long term maintenance issues.
The property adjacent to lots 1-18 was planned for a future trail and is twenty feet in width. This trail is
known as the Pfeifferhorn Trail. Alpine City has also planned for and constructed a dirt trail along the
same alignment. The width of the corridor in Alpine is approximately 20 feet. Alpine City has approved
funding to pave the existing dirt trail this fiscal year. Under an agreement with Alpine City, Highland
City has contributed approximately $17,000 for the paving of the trail. It is anticipated that this trail will
be used by both Highland and Alpine residents. Staff believes a dual trail within the same corridor is not
cost effective.
The applicant proposes to eliminate the twenty foot trail corridor within Highland. This would reduce
the overall trail corridor from forty to twenty feet. The Council, Open Space Committee, and other
residents have expressed safety concerns with twenty foot trail corridors. Staff believes that a specific
width for trail corridors should be adopted prior to any action disposing of this trail corridor. Further, the
Trails Committee should provide a recommendation regarding trail corridor widths.
The prior SMP have approved private maintenance adjacent to neighborhood trails. These trails were
primarily used by local residents. The Bonneville Shoreline and Pfeifferhorn trails are regional trails and
are or will be used by more than just local residents. Staff believes additional public input,
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recommendation from the Parks and Trials committees, and the Planning Commission are needed prior
to reducing with width of the Pfeifferhorn trail or abandoning the Bonneville Shoreline trail.
The applicant states that the land adjacent to lots 19-27 could not be developed as a trail due to
topography. This section of the trail provides a link to the Bonneville Shoreline Trail which is intended
to run the length of the Wasatch Front. Alternative connections are not available in Highland since the
property to the north is in private ownership. In addition, one of the goals of the General Plan is to
connect to adjacent regional and other municiple trail systems. Further, staff believes a safe, accessible,
and cost effective trail could be constructed at this location.
The Council has designated one piece of open space property for surplus. This property is located
underneath an existing power line corridor and does not have an existing or planned trail. In addition, all
of the owners adjacent to the power line corridor have agreed to purchase the property.
It is unclear whether or not the SMP proposes private maintenance of the natural open space area located
on the west side of the subdivision. This open space area is part of Beacon Hills Plat J. During the
review of the Beacon Hills development this area was protected for conservation due to its natural
features and no improvements were done. These areas have some of the same characteristics as areas
preserved at Highland Glen Park.
To date, Open Space Maintenance Agreements have not been considered for conservation areas. In
addition, only one of the 21 lots was represented in the survey. Of those contacted only one of eleven
residents responded to the survey. Staff believes that additional public input, a recommendation from
the Parks committee, a recommendation from the Planning Commission, and further public debate is
needed prior to allowing encroachment into conservation areas.
Staff believes there may be a conservation easement over the conservation area. However, we have been
unable to locate the easement. We will continue to research this issue however a title search may be
necessary to determine if there is a conservation easement. Typically, conservation easements prohibit
any improvements to conservation areas. If there is a conservation easement private maintenance would
not be permitted.
Trails are developed in a similar fashion as roads since they are part of the transportation network. If a
road corridor has been identified steps are taken to preserve the right-of-way even though the road will
not be constructed until future date. This is done to reduce the costs of right-of-way acquisition and the
impact on current and future land owners. Right-of-way acquisition for a road or trail after development
is problematic and expensive. Staff believes that if corridors exist they should be preserved until the trail
can be constructed.
Nathan Crane stated staff is not opposed to private maintenance of the trail corridor as allowed by the
Municipal Code; however, the proposed SMP raises a number of issues that have not been discussed by
the Council and need additional public input and recommendations from various city committees. In
addition, there are some things that are currently not permitted by the existing ordinance. As a result
staff is recommending that this item be continued until the following items are completed:
Highland City Council Meeting – September 6, 2011
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1. The Parks and Trails Committee and Planning Commission provide a recommendation regarding
the Bonneville Shoreline Trail, the Pfeifferhorn Trail and private maintenance of conservation
areas.
2. A standard is adopted for the width of trail corridors.
3. The City Council adopts procedures and regulations for the identification and disposal of orphan
open space properties.
4. The SMP is revised to clarify the request as it relates to outstanding issues.
5. The applicant resolves the checkerboard ownership issues.
6. The City Attorney to prepare an interpretation regarding the use of transition agreements.
7. Determination of whether or not a conservation easement exists which may include a title search.
Doug Cunningham addressed the City Council regarding the issue. By way of disclosure, he noted he
lives in this portion of Beacon Hills and he is the Open Space Committee representative for the entire
Beacon Hills area. He gave a presentation detailing survey responses about the subdivision maintenance
plan with a 53% response rate. He talked about the two main trail corridors in the area and why some of
these locations are not suitable for a trail. He noted the developer Bob Woods has agreed to waive his
rights to the orphaned property so it could be deeded to the homeowners.
Mr. Cunningham stated he takes exception to the statement that this may not be ready to move forward.
The Open Space Committee voted to move this forward.
He recommends the Open Space property behind lots 1 through 49, excluding landlocked Lot 20 be
eligible for private maintenance.
Property Eligible for Orphan Declaration:
 Open Space property behind lots 1 through 18 (Timberline Drive)
o Redundant trail corridor abandoned by Highland City
 Open Space property behind lots 19 through 27 (Timber Ridge Drive), excluding landlocked lot
20
o Trail corridor terrain undevelopable, redundant with multiple other trails in the area
Property Not Eligible for Private Maintenance:
 Lots 50 & 51
o Adjacent to the new Beacon Hills Park. If the park is not developed, Lots 50 and 51
would then become eligible.
 Lots 20 and 52 through 80 (no adjacent Open Space land)
He outlined special circumstances he felt were related to Beacon Hills Plat I including:
 Developer is willing to give up his first right of refusal.
o Additionally, he’s willing to subdivide and distribute the land himself to remove the
burden from the city.
 Redundant Highland Trail originally planned behind Lots 1 through 18 on Timberline Drive
should be removed from the General Plan and the land should be orphaned.
o The Highland trail corridor is redundant and has been abandoned by the City.
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

o The Highland City Council designated $17,600 to Alpine for development of the
redundant and adjacent Alpine Pfeifferhorn Trail (Highland CC meeting minutes
8/3/2010)
o Alpine City Council budgeted $70,000 in FY 2012 to pave the existing Alpine
Pfeifferhorn Trail (Alpine CC meeting minutes 5/24/2011)
o The unpaved Alpine trail exists today and meets the basic needs of local residents.
Highland trail originally planned behind lots 19 through 27 on Timber Ridge Drive should be
removed from the General Plan and the land should be orphaned.
o The terrain is steep and undevelopable as a trail.
o The Open Space land creates a flooding and drainage hazard to adjacent homes.
Open Space behind lots 50 and 51 is part of the new Beacon Hills Park. This parcel becomes
eligible for private maintenance if not developed by the city.
He recommended the City Council accept the Open Space Maintenance Plan for the Beacon Hills Plat I
Subdivision and declare the indicated parcels as orphaned and turn over to the adjacent land owner. He
expressed frustration about what he perceived was negativity from staff about this SMP. He asked the
developer Bob Woods to address the City Council regarding the issue stating he has a lot of great insight
about what is acceptable and options for the City to remove the land.
Mr. Woods stated he dealt with this issue six years ago during development of this subdivision. He stated
the original intent was to provide a trail that would connect to the Bonneville Shoreline Trail. He argued
at that time that Alpine City already had a connection and this would be redundant. He now sees tonight
as an opportunity to right a nonessential wrong. He responded to some of the staff comments and stated
the property would revert back to him, at which point he could work with the residents instead of the
City.
Kathryn Schramm stated she was in the area several years ago and the residents were showing her some
of the drainage problems. She stated she thinks this is an opportunity to correct an ill that has been in
place for far too long. She thinks the City Council should do as Mr. Cunningham suggested in his
comments and as the Open Space Committee has proposed.
Scott Smith stated having sat on the Open Space Committee, he has thought about these issues a lot. He
stated the core issues need to be identified, and one issue is the City has too much Open Space to
maintain to certain standards. He stated the Parks crew does the best job they can. There is an
expectation that is difficult to meet and funding and manpower issues that are difficult to overcome. He
stated he has walked this area and now it seems to be the general consensus to have 40 foot wide trail
corridors. He thinks there is a big liability with fire hazards and an issue with vehicles in the area. He
stated the Open Space Committee has been meeting for 16 months now and many committee members
have spent hours in meetings. The bottom line is there hasn’t been much accomplished. The City has
told people they can maintain the property at their expense, but they still have to pay the monthly $20
fee. If the City cannot maintain the area or use it for a park, he thinks the City should allow the residents
to purchase it. He stated the City Council needs to look for solutions to the problems instead of just
spinning its wheels. The City needs to come up with a trail master plan.
Tom Butler indicated he first became aware of the dicotomy of the Open Space areas a few years ago and
he wishes they had never happened. He agrees the City has liability and does not have money to
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maintain the areas. He stated the issues that Mr. Crane came up with – he does not know if there is a
need for a standard width for a trail corridor. The concern with checkboard is not a concern because it
won’t get any worse and may get better. He asked Mr. Wright for his opinion on a disposition of the
property.
Kasey Wright stated the power line corridor issue is different than the surplus proposed trail property.
He told the City Council that staff does not have a dog in this fight. This isn’t a battle between City
Council and staff or even residents and staff. His concern is a legal one. For density bonuses, the City
required this trail property. There was a legal right to do it at the time and it was the ordinance in place
at the time. Now if the City Council says it wants to give it back because the developer is okay then he
thinks there are some real legal requirements on any of our Open Space requirements. He stated he
knows where the residents are coming from and the Open Space areas are a real problem for everyone,
but there are some real legal challenges in giving this property away. Potentially the City would have to
eliminate any Open Space requirements as part of its subdivision ordinance.
Mayor Ritchie stated the maintenance agreement makes sense and would work in this situation. The
City allowed Mr. Woods to have smaller lots in exchange for property. He noted both parties got value,
Mr. Woods got more homes and the City got open space. To sell it to the owners and the City get
revenue from that is a possibility but there isn’t a process in place to do that.
Tom Butler stated he concurs with the Mayor. He does not think the City Council is interested in giving
it away. He stated it is very popular with the residents to do something because the status quo isn’t
working. He thinks the City Council should move forward with the maintenance agreements and
continue the disposition portion to the next meeting until Mr. Wright can work out the details.
Scott Smith stated he has always assumed it was City property and it would be sold. His understanding
is that the City could sell the property at appraised value. Mr. Wright stated the issue then goes to the
other residents of Highland. The residents of Highland wanted to create a certain environment which
meant Open Space. Now if the property reverts back to the property owners, the other remaining
residents could say that they expected to have a certain amount of Open Space.
Scott Smith noted Beacon Hills still has a large park and this is only a small portion of the Open Space
that exists as a narrow corridor that the City cannot properly maintain. It would just be getting rid of the
problematic parts. He said it seems the City has bitten off more than it can chew.
Mr. Wright agreed it is a good argument that requires some looking into.
Kathryn Schramm stated all she wanted to do tonight was to accept the Subdivision Maintenance Plan.
The rest of the orphaned property issue needs to be discussed at length. She stated the reason the Open
Space subdivision was created was to get other people to move to Highland, it was not created to bring
more parks to the City.
Additional discussion took place. Scott Smith stated this issue has been discussed at length and no
progress is being made. He stated some sort of framework needs to be set up to be able to transfer
properties. He does not see how this differs from the powerline corridor because that area was set up to
be a trail as well.
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Mr. Wright stated the City can surplus property it owns, but the problem occurs when the City gets into
surplusing property it required in exchange for a density bonus. It is no longer going to be used for the
purpose it was required.
Brian Braithwaite stated the entire City Council is looking for solutions on Open Space issues. The
Open Space concept didn’t work and now needs to be addressed. The benefit that came out of Open
Space is there are some areas that have big park parcels. It doesn’t make sense where there are trails to
nowhere and small parcels that are not maintained. He does not think the checkerboard maintenance will
be an issue because it exists now. He talked about many of these issues being argued for a while but it is
important to come up with standards and staff needs clear direction to be able to move forward.
MOTION: Tom Butler moved to approve a Subdivision Maintenance Plan and lifting of the
moratorium for open space agreements in the Beacon Hills Plat I that meets the current ordinance
and subject to any conservation easements that may be in place and direct Kasey Wright to draft a
simple disposition agreement for orphaned and surplus property that the City Council can
approve. Scott Smith seconded the motion.
John Park stated he would like to see the following issues addressed: 1) identfying if a conservation
easement exists and 2) how to document where the scrub oak is so it doesn’t disappear over the years. He
stated staff is probably more in agreement with the residents than one might think. No one hates
orphaned property that is not maintained more than Matt Shipp. Part of the reason this process was
started was to find orphaned properties to clean up because they are absolutely useless to everyone. He
recommends the area along Wildflower Drive be approved or give staff another couple of weeks to see if
a conservation agreement exists. He thinks the corridor should be defined and the Pfeifferhorn Trail
should be looked at globally before Highland City’s portion is abandoned. This is a high priority for
staff to do but will take several months.
Nathan Crane stated it was his understanding the developer was willing to relinquish the property and
based on his comments that may not be the case. Mayor Ritchie stated that will be fleshed out during the
process.
Mayor Ritchie stated it appears there is not a problem opening up lots 1-29. Additional discussion took
place.
Mr. Woods stated he has a right to acquire the property and then he would work out agreements
including with those that live out of state. He can be a simple solution to the City rather than having the
City working with 49 property owners in 6 different states.
Additional discussion took place about property disposal and the logistics regarding this. Kasey Wright
reiterated his opinion that anything required in exchange for bonus density may pose some serious legal
issues with disposal.
Scott Smith stated if the City cannot dispose of these then the City Council needs to come up with a way
to maintain these properties to the expectations of the residents. He feels the liability is greater with the
lack of maintenance, for example if a fire happened, and movement has to take place on both sides.
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Larry Mendenhall joked that in order to maintain to the desires of everyone, all of the open space would
have to be relinquished, then the City Council would have complaints from those people that want open
space. The expectation of maintenance varies based on individual personalities.
Kathryn Schramm stated the City Council has been asked to approve or not approve the SMP and lift the
moratorium for Beacon Hills Plat I. She stated this is no different than other SMPs that have been
approved in other subdivisions. All of the other issues are not part of the motion. Mayor Ritchie agreed.
Tom Butler stated the open space maintenance is getting more expensive every year. It’s never going to
get better, easier or cheaper. The intent is not to get rid of all Open Space but to address every
subdivision. He believes the Open Space zoning should be changed so problems are not perpetuated.
He feels staff should bring forward an ordinance deleting that zone.
Mayor Ritchie asked Scott Smith to thank the Open Space Committee for their efforts. He personally
thinks they have done a tremendous amount of work.
Mayor Ritchie called for a vote on the motion. Those voting aye: Brian W. Braithwaite, Tom
Butler, Larry Mendenhall, Kathryn Schramm, and Scott Smith. The motion passed with a
unanimous vote.
John Park asked about the survey that was done for the Open Space subdivision by Mr. Cunningham.
He feels the interior lots should have been surveyed as well. Mr. Cunningham stated the Committee’s
experience was that the people in the interior did not care because it did not affect them. John Park
stated notifying the people on the inside what is going on is transperancy because it is happening in their
subdivision. The City needs to get feedback from everyone that is affected both negatively and
positively. Mr. Cunningham stated the people on the inside are the people that are concerned about the
park; they don’t care about the trail. John Park stated the interior people may have bought homes there
because they like the trails. He is frankly concerned that did not occur.
Scott Smith stated the residents have donated hundreds of hours of time and there needs to be a way for
staff to help with notification and/or surveys. He stated the burden should not rest on the people on the
committee because they are spending lots of time already.
COMMUNICATION ITEMS
Hidden Pond
Matt Shipp outlined estimates for the issue with the curve in the road at Hidden Pond. He stated the
“Curve Ahead” signs should be up the first part of next week. The flashing speed limit signs are as
follows:
 Solar power 12” speed limit sign – $5,594.25
 Solar power 18” speed limit sign - $5,973.75
 Wired 12” speed limit sign – $3,817.50 plus an additional $1,000 wiring depending on location.
 Wired 18” speed limit sign – $4,579.95 plus an additional $1,000 wiring depending on location.
 New street light for Hidden Pond Drive - $3,881.14 (best case)
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Matt Shipp stated it is most likely not a one-time decision because requests will come in other locations.
Kip Botkin stated these signs tend to be vandalized. He also noted they had an officer patrol the area and
there were no infractions during that time.
Jerry Fors, Hidden Pond resident, suggested a milder form of a speed bump that would be somewhat
effective. He understands these are tough times from a budgetary standpoint. He stated they area in a
sensitive area due to the number of school children and proximity to the school.
Much discussion took place regarding the issue, including installation of a speed bump somewhere in the
area. Matt Shipp indicated a speed hump would be approximately $3,000 and stated that staff agrees
traffic calming is a good idea. The concern is the cost and the precedent it may set. After additional
discussion Matt Shipp was directed to install a speed hump or raised reflective dots somewhere in the
area, not near the curve.
Beacon Hills Maintenance
Matt Shipp updated the City Council on maintenance of the flower beds in the Beacon Hills park strip.
He stated a letter went out to all residents of Beacon Hills allowing them to take flowers and plants (not
trees) by September 30, 2011. Beginning October 1, 2011, staff will prepare flowerbeds for grass and
sod.
Kathryn Schramm stated that with grass, weeds have to be sprayed and grass trimmed around the trees.
She suggested rocks and bushes be installed. Scott Smith stated his experience is that the rocks get
weeds among them and then have to be hand weeded.
As a resident of the area, Tim Irwin stated the area is an upscale area of the City. He agrees that the City
staff does the best job they can, but many moved up there because it was designed to be a nice area and
commitments were made by the City. The neighbors he has talked to have no problem taking out the
flowerbeds. He stated as a City Council he expects they give direction to staff to execute the plan. He
thinks grass and trees will look great if they are properly maintained.
Mayor Ritchie requested Matt Shipp have the parks crew spray and ensure the trees have large enough
areas to remain healthy.
Tom Butler suggested looking at hydroseed to save money then spraying for weeds as it grows in. John
Park suggested maybe a mix.
Pressurized Irrigation Fees
John Park reviewed the PI fee increases that were passed with the budget as a follow-up.
 Base rate increase $8.42 to 12.42 per month.
 Variable rate increase from .00019 to 01141 per square foot.
 ¼ acre lot change from $10.49 to 16.88 per month
(increase of $6.39 per month)
 ½ acre lot change from $12.57 to 21.35 per month
(increase of $8.78 per month)
 1 acre lot change from $16.71 to 30.28 per month
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(increase of $13.57 per month)
Review of PI fees with water
Acreage
previous rate
.25
$10.49
.33
$11.16
.50
$12.57
.75
$14.64
1
$16.71
3.92
$40.89
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$18.31
$21.35
$25.81
$30.28
$82.34
difference
$6.39
$7.16
$8.78
$11.17
$13.57
$41.45
John Park recommended that people meet with staff if they have an issue.
REPORT – North Utah Valley Animal Shelter (Agenda Item 8)
This item was postponed due to the late hour.
ADJOURNMENT
Kathryn Schramm moved to adjourn. Tom Butler seconded. The meeting adjourned at 11:28 p.m.
Gina Peterson, City Recorder
Date Approved:
Highland City Council Meeting – September 6, 2011
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