PUBLIC HEARING AND CITY COUNCIL MEETING
January 18, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Rob Fotheringham, Darin Lowder, James Parker, Jim Perry, Melissa Willie
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Courtney Hammond, City Meeting Transcriber
Rich Knapp, City Accountant
David Bunker, City Engineer
Rodney Despain, City Planner (7:12 p.m.)
Others: Carl Volden, Karissa Neeley-New Utah, Angie Anderson, Mark Hale, Al Shellenberg, Steve Little, Aaron Jared, Dixie Harvey, Carol Whittaker, Annett Loveridge, Brian Greene, Brad Creer, Brett Nelson, Ken Cromar, Eric Richardson (7:08 p.m.), David Lone (7:12 p.m.), Todd Dudley (7:12 p.m.)
PUBLIC HEARING
1. This Public Hearing of the City Council of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by Mayor McGee at 7:07 p.m.
2. Amendments to Bridgestone PUD, Plat D - Cancelled
3. Proposed Amendments to the 2004-2005 Fiscal Year Budget
No comments.
4. Vacation of Street Right-of-Way at Approximately 9600 North 4200 West
No comments.
5. This Public Hearing was adjourned at 7:10 p.m. by Mayor McGee.
COUNCIL MEETING
1. This meeting of the City Council of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by Mayor McGee at 7:10 p.m.
Invocation by C. Parker
Pledge of Allegiance
2. Public Issues for Future Agendas (7:12 p.m.)
• Steve Little - At the November 2, 2004, City Council meeting, the Council gave the developers of Avanyu Acres 60 days to get all the improvement issues addressed. Nothing has happened since then. The City staff will pursue the issue and check the bond.
• Aaron Jared - Mr. Jared is a resident who lives on Landmark Circle. He would like to know about the long-term viability of the golf course. He has looked at the pro forma statement and felt that, even without the debt payment, the golf course financials do not look good. Mr. Jared felt that if the City is looking at a long-term fee, a property tax might be preferable. About 25 golf passes are given to the developer every month and Mr. Jared does not feel those free passes are good for the golf course or the City.
• Ken Cromar - Mr. Cromar quoted Councilman Parker’s comment from the January 6, 2005, Town Meeting that stated that the bond contract does not obligate the City to allocate City funds to repay the bond. Former Mayor Sears intended there to be a way out of the course.
• David Lone - Mr. Lone observed that the speed limits on Canyon Road are inconsistent. He also stated that in his opinion, Zions’ motivation to refinance is that they must hold 3:1 until the foreclosure is complete.
3. Approval of the Minutes from the October 25, 2004, Joint City Council Meeting with Pleasant Grove City and the December 7, 2004, Public Hearing and Regular City Council Meeting (7:32 p.m.)
MOTION: C. Parker - To approve the minutes from the October 25, 2004, Joint City Council Meeting with Pleasant Grove City and the December 7, 2004, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Perry.
Aye-C. Parker
C. Perry
C. Lowder
C. Willie
Abstain- C. Fotheringham Motion passes.
MOTION: C. Perry - To amend the minutes of the Tuesday, December 7, 2004, Public Hearing and Regular City Council Meeting, as specified. Seconded by C. Lowder.
Aye-C. Parker
C. Perry
C. Lowder
C. Willie
Abstain- C. Fotheringham Motion passes.
SCHEDULED ITEMS
4. Review/Action on Fiscal Year 2003-2004 Audit (7:40 p.m.)
See handouts. Hawkins, Cloward & Simister has conducted the audit. Under generally accepted auditing standards, the auditing firm needs to communicate certain things to the City Council. In this audit, the City is adopting a new reporting model; the audit is complete. The City had to complete a new part of the analysis where a management special analysis written by Rich Knapp and Konrad Hildebrandt was included. There were five findings, largely due to the change in accounting staff. Angie Anderson, Hawkins, Cloward & Simister, has met with Rich Knapp and Konrad Hildebrandt to go over ways to rectify the findings. To avoid future problems with staff changes, some policies and procedures covering a month-end accounting should be implemented and written down. Those policies and procedures for a month-end accounting will be ready by February 1. C. Fotheringham and C. Parker felt the City Council should review and collaborate on the management special analysis. The Council would like to take time to review the audit.
MOTION: C. Parker - To continue this item until the next City Council meeting. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Parker
C. Perry
C. Lowder
C. Willie Motion passes.
5. Review/Action on NEA Foundation Grant (8:04 p.m.)
See handouts. Annett Loveridge is a special education teacher. An estimated 5-15 percent of school children are behind in reading and currently there is not a library and/or books with high-interest, low-level reading for these children. There are few resources for parents to learn how to help their children improve their reading. She is applying for a $5,000 grant to set up a community reading program for parents of low-level readers. She is asking the City for an endorsement in support of her project and ongoing support through communication through the City newsletters. The City’s name will not be on the grant application.
MOTION: C. Perry - To authorize Mayor McGee to draft a letter of endorsement for Ms. Loveridge’s NEA grant proposal. Seconded by C. Lowder.
C. Parker expressed appreciation to Ms. Loveridge for her efforts and stated he planned to vote against the motion because he might be against the foundations that provide the grant. It was suggested that the City specifically endorse the program, not the grant.
AMEND MOTION: C. Perry - To authorize Mayor McGee to write a letter endorsing Ms. Loveridge’s community education program. Accepted and seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Perry
C. Willie
C. Parker Motion passes.
The letter will be ready by the end of the week.
MOTION: C. Fotheringham -To move Items #8 and #9 before Item #6. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Vacation of Street Right-of-Way at Approximately 9600 North 4200 West (8:22 p.m.)
See handouts. Under the original plat map, the required right-of-way for the street would have been in a different place than it currently stands. This proposal gives the land back to David and Dixie Harvey.
MOTION: C. Fotheringham - To adopt Ordinance 1-18-2005A, An Ordinance Declaring a Portion of the Street Right-of-Way at Approximately 9600 North 4200 West (unimproved) Vacated as a Public Roadway, and Providing an Effective Date of the End of the Month. Seconded by C. Parker.
Roll Call Vote Taken.
According to C. Perry, Mr. Harvey indicated that the The school district requested an easement and would have compensated the David and Dixie Harvey for the easement. The pipe does not fall under the easement and there will be no compensation.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action on Amendments to the 2004-2005 Fiscal Year Budget (8:25 p.m.)
See handouts. There are three proposed budget amendments. The first two proposals, culinary water well and comprehensive water studies, have been discussed in previous meetings. The City has until June 1, 2005, to make the third proposed amendment, regarding the golf course debt service, but the City is currently in negotiations with Zions Bank. Therefore, staff recommends that the Council not amend the golf course debt service proposal at this time. C. Perry felt that removing the debt payment from the budget makes it transparent that the City anticipates a new bond payment agreement. The Council wanted to discuss legal implications of removing the debt payment from the budget during the Executive Session before voting.
MOTION: C. Parker - To table this item until after the Executive Session. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review/Action on Final Plat for Juniper Heights, Plats C and D (8:32 p.m.)
See handouts. David Bunker is very pleased with this subdivision. All items discussed in previous City Council meetings have been addressed. David Bunker proposed an amendment to the Development Agreement to allow the developers to perform improvements to Cottonwood Drive concurrently with the subdivision and include unit prices; that will be addressed in a future meeting. The pavement on the pedestrian trail is 12 feet wide with large landscaping stones for the retaining wall. Rather than have the property owners who abut the trail install and maintain the trail landscaping, the City Council would like the developer to install the landscaping along the corridor and the City will maintain it. C. Willie stated that she is a potential buyer in this subdivision.
MOTION: C. Parker - To approve the Final Plat of Juniper Heights Plats C & D, subject to: 1) Final engineering, 2) Water rights, 3) Bonds, etc. Seconded by C. Perry
AMEND MOTION: C. Perry - To amend the motion subject to: 1) Final engineering, 2) Water rights, 3) Bonds, 4) Final approval of landscaping for the trail connector between Sandalwood Drive and Oak Road North to be maintained by the City and installed and completed by the developer, per staff recommendation. Seconded by C. Willie
C. Fotheringham excused - 8:58 p.m.
Aye-C. Lowder
C. Parker
C. Perry
C. WillieMotion passes.
The developer, Al Shellenberg, reiterated what David Bunker had said earlier about amending the Developer Agreement so that they can improve Cottonwood Drive at the same time they do the subdivision improvements. They would like to get started before spring runoff becomes an issue.
C. Fotheringham returns - 9:01 p.m.
7. Review/Action on Cedar Run Subdivision, Plat B, Private Drive Easement (9:02 p.m.)
MOTION: C. Fotheringham - To table Item #7 until the February 1, 2005 meeting. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. Board/Committee Appointments - Planning Commission, Board of Adjustment, Parks/Trails Committee (9:02 p.m.)
See handouts.
MOTION: C. Perry - To appoint Steve Kroes and Carl Volden to the Planning Commission with their terms ending December 31, 2007. To appoint James Cheney to the Board of Adjustment with his term ending December 31, 2009. To appoint James Loveridge to the Parks and Trails Committee with his term ending December 31, 2007. Seconded by C. Willie.
C. Lowder wanted to know whether there were additional people waiting to get on a committee. There is no one waiting at this time.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. Discussion on Commercial-Hours of Operation and Alcohol Sales (9:05 p.m.)
See handouts. The City Council requested that the Planning Commission consider these issues. Since it is not a land use issue, it has come back to the City Council. The opinion of the City attorney is that the City has the ability to prohibit alcohol sales anywhere in the City. The Mayor suggested the idea of changing the zoning of the golf course to park land to prohibit future sale of alcohol in addition to declaring the City a “dry city.” The City Council felt like that would be stretching the definition of a park.
MOTION: C. Parker - To direct staff to draft an ordinance to prohibit the sale and distribution of alcohol within the City limits. Seconded by C. Perry.
The attorney’s opinion used language that makes the prohibition of the sale and distribution of alcohol clear.
AMEND MOTION: C. Parker - To direct staff to draft an ordinance prohibiting any person from knowingly having in his possession any intoxicating liquor, and the manufacture, sale, keeping or storing for sale, offering or exposing for sale, importing, carrying, transporting, advertising, distributing, giving away, exchanging, dispensing or serving of intoxicating liquors within the City limits. Seconded by C. Lowder.
C. Perry would like to direct staff to ask golf course personnel to enforce the alcohol prohibition. There have been dozens of beer bottles on the golf course. C. Fotheringham felt there should be a fine for alcohol consumption on the golf course. A fine will be written into the ordinance.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
C. Parker distributed verbiage from the Commercial Guidelines that could lay the groundwork for the hours of use ordinance. C. Parker and Eric Richardson also drafted an amendment that will be put in ordinance form and considered in the February 1, 2005 meeting.
12. Review/Action on Well and Comprehensive Water Studies (9:25 p.m.)
See handouts. David Bunker has met with the two companies to which the Council awarded the studies. It will take about two months for Horrocks Engineering to report back on the water studies. The well project is more extensive. Currently, they are in the site selection stage. They will start doing water rights filing; an approximate site needs to be submitted to the State first. In March, exploratory drilling will begin, which will continue through May. Then they will prepare a preliminary evaluation report based on a finding, which is then submitted to the State. Approval from the State is expected by July 1. Well specifications and bidding information will be brought to the City Council for review. Well drilling and testing will be done by the end of October. A production report will be ready by November, and the study should be completely done by December. The exploratory drilling is very important and is one of the reasons the City chose this firm. C. Parker emphasized that the Council wants this well to be truly redundant. C. Parker requested the prioritized list of site criteria.
13. Review/Action on Governing Body’s Wages and Set Public Hearing (9:33 p.m.)
See handouts. C. Perry requested that the Council consider its own wages because the Council is asking residents to pay a golf course fee. He felt that the Mayor and Council Members are essentially volunteer positions, though their wages are minimal. There should be wages involved, but wages can be cut. C. Lowder felt that the Council’s wages are reasonable and standard, given what other cities’ council members are paid. C. Lowder also expressed concern that lowering the wage could keep qualified individuals from running for City Council in the future. C. Parker felt it would be a positive statement for City Council members to reduce or eliminate their pay. To change the wage, a public hearing is required. Currently, the City notices its meetings in the New Utah and the deadline has passed to meet the February 1 Council meeting. C. Fotheringham suggested notices be posted in the Daily Herald or Deseret News because they have a wider audience.
MOTION: C. Fotheringham -To set a Public Hearing on February 1, 2005, by publishing in the Deseret News or Daily Herald to reduce the governing body’s salaries. Seconded by C. Parker.
C. Parker felt that an abrupt change of venue from the New Utah to the Daily Herald or Deseret News would confuse people who look for announcements in the New Utah. The public should be made aware of any switch from one paper to the other. There should be an agenda item for the next meeting on considering public announcements with different newspapers and prices.
Aye-C. Fotheringham
C. Parker
C. Perry
Nay-C. Lowder
C. Willie Motion passes.
14. Appoint Mayor Pro-Tem (10:24 p.m.)
MOTION: C. Fotheringham - To appoint Jim Perry as Mayor Pro Tempore for the next six months. Seconded by C. Parker.
AMEND MOTION: C. Fotheringham - To appoint Jim Perry as Mayor Pro Tempore until someone else is appointed. Seconded by C. Parker
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. WillieMotion passes.
15. City Manager Report and Discussion (10:26 p.m.)
• Cedar Hills City Night at the Grizzly’s - The City got a block of tickets and will choose someone to sing the national anthem.
• The City received a revised feasibility study from THK. It was prepared for Cedar Hills about one year after the original feasibility study. The president of THK has offered to meet with the Council and help in bank negotiations. The City does not have an original copy of the revised feasibility study. Staff will continue to look for an original copy.
MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL
16. Board and Committee Reports (10:38 p.m.)
C. Lowder: The golf committee is meeting every Thursday. They are looking at marketing ideas and pricing. C. Fotheringham knows someone who is very knowledgeable about golf courses and marketing. Anyone is welcome to come to the meetings. The December 7, 2004, minutes state that the Council would like a presentation from the golf course committee in January. Gary Gygi will report on February 1.
C. Willie: The Animal Service District is going through policies and comparing the north county needs with south county needs.
C. Perry: There was supposed to be a UTOPIA meeting in December that was rescheduled for January 23 and then postponed to January 31. C. Perry spoke to the CEO of Dynamic City. The project is going well and they will begin marketing soon. The first network installed was around UVSC.
Mayor McGee: He was not able to attend the MAG meeting because of the Town Meeting on Jan. 6. Alpine, Highland and Cedar Hills will probably be forced into a recreational services district by the end of the year because American Fork will stop providing recreational services. There are also discussions about creating a private recreational program. C. Fotheringham argued that some sports, like soccer and baseball are parent-driven. Other sports can be the same way. Discussion about the recreational picture and options will be on the next agenda.
EXECUTIVE SESSION
17. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (11:07 p.m.)
MOTION: C. Perry - To go into Executive Session, Pursuant to Utah Code 52-4-5. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
* * * EXECUTIVE SESSION * * *
18. Motion to Adjourn Executive Session and Reconvene City Council Meeting (12:57 a.m.)
MOTION: C. Willie - To adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
17. Review/Action on Resolution Adopting the City Manager’s Contract (12:58 a.m.)
MOTION: C. Perry - To table Item #19. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action on Amendments to the 2004-2005 Fiscal Year Budget (12:59 a.m.)
See handouts.
MOTION: C. Lowder - To approve the amended 2004-2005 Fiscal Year Budget in the following two transactions: Item 1, transfer $49,056 from account 51-29-800 to 51-73-802, Item 2 transfer $4,288 from 51-29-800 to 51-73-330. Seconded by C. Willie.
AMEND MOTION: C. Lowder - To amend Item 1, $49,056 will come from Well Source Impact Fee Fund, not 59-29-800. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
20. This meeting was adjourned at 1:04 a.m. on a motion by C. Willie, seconded by C. Parker and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Council:
February 1, 2005