PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, February 1, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Melissa Willie, Darin Lowder, Rob Fotheringham, James Parker, Jim Perry
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Courtney Hammond, City Meeting Transcriber
Others: Mark Hampton, Audrey McGee, Rex Daley, Kenna Mills, Brent Uibel, Scott Taylor, Ryan Willie, Willie Finch, Elizabeth Nardi-Daily Herald, Ryan Wood, Gretchen Gordon, Karissa Neeley - New Utah, David Kirkpatrick, Jeff Lindstrom, Pete Balderree, David Lone, Rich Knapp, Janet Bond, Lorrie Lou Stark (7:25 p.m.), LoriAnne Spear (7:25 p.m.), Ken Cromar (8:20 p.m.), Brian Greene (8:20 p.m.), Eric Richardson (8:30 p.m.), John Brems (8:45 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 7:00 p.m.
2. Amendments to the City’s Compensation Plan to Reduce the Salaries for Elected and Appointed Officials-CANCELLED
This item was cancelled because the original vote to call a Public Hearing was three to two. One of the votes in favor of the Public Hearing subsequently changed and the item was removed from the agenda.
3. This Public Hearing was adjourned at 7:11 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 7:12 p.m.
Invocation given by C. Willie
Pledge of Allegiance
2. Public Issues for Future Agendas (7:14 p.m.)
• Mark Hampton: Mr. Hampton, Rimrock Development, announced that a contract was signed with Smith’s for the Commercial District.
• Rex Daley: Mr. Daley is with Bald Mountain Development and is working on ensuring that all Development Agreement issues have been met in Avanyu Acres, Plat A. Contracts have been made for landscaping. In regards to curb and gutter improvements, Mr. Daley would like to know whether he can do repair work on the curb and gutter in the plat using bond money that is being held by the City for each lot. Staff will work with Mr. Daley. The original landscaping plan was changed by the homeowner’s committee. Staff directed that the only proper way to modify the landscaping plan is by ordinance, which was not done. (See handout)
• Kenna Mills: Ms. Mills spoke in behalf of the North Utah County Community Choir. She has heard that the City might cut funding for recreation and arts. She reported that the choir is growing and they have been able to get guest conductors, soloists and brass groups. The choir gives two concerts per year. Audience size has also grown from about 200 at their first concert to 850 at their most recent performance. Music and recreation are good for the community. The North Utah County Community Choir is not cannot be self-funding at this point and will come to ask for assistance again. Participants pay a $20 fee for the year. Highland and American Fork also donate $300 and $2,500, respectively. The North Utah County Community Choir would like Cedar Hills to donate $250 to the choir. The Council directed this to be on the next agenda. (See handout)
• Scott Taylor: Mr. Taylor presented some arguments for permanently funding a recreational coordinator. In the past, youth sport programs have run through a good volunteer. That can’t be relied on in the future. The City might get to the point where there are not good volunteers who are willing to commit the time and energy to make the sports programs run. American Fork is no longer allowing Cedar Hills to use their programs. Mr. Taylor encouraged the Council to ignore personal bias and consider what the community wants. While some Council members ran for office in order to mend some financial irresponsibility, they should not err on the other end by cutting valuable programs.
• Brent Uibel: Mr. Uibel is concerned with noise and nuisance control, specifically engine brakes along Canyon Road and four-wheelers. Mr. Uibel has met with Pleasant Grove and Lehi to see what type of ordinance they had adopted and requested that the Council put this issue on a future agenda. The posted sign that prohibits engine breaks is not a legal sign and the issue cannot be enforced until it is. Staff will research this issue and put it on a future agenda. (See handouts)
3. Approval of the Minutes from the January 4, 2005, Public Hearing and Regular City Council Meeting and the January 18, 2005, Public Hearing and Regular City Council Meeting (7:47 p.m.)
C. Parker pointed out that the minutes stated that an “Hours of Operation Use” Ordinance would be on this agenda and it is not. C. Perry requested an agenda item for discussing the policy for getting items on the agenda.
MOTION: C. Perry - To approve the minutes from the January 4, 2005, Public Hearing and Regular City Council Meeting, and the January 18, 2005, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Amendments to the City’s Compensation Plan Regarding Volunteer Fire and EMT Compensation (7:58 p.m.)
See handouts. When Cedar Hills asked to join the Lone Peak Public Safety District (LPPSD), the district required the City to provide some personnel. Lone Peak EMS trained some City employees and it was agreed that the City would allow these EMTs to respond to calls during working hours without a penalty. As the district grew, it employed more full-time employees. Today, City staff includes one fire personnel and one EMT. When public safety personnel get a call that requires them to leave during regular working hours, the City pays them for those hours. They also receive a monthly stipend from the City and LPPSD also pays them for the hours they work on-call. This creates a problem for the City with lost work time. C. Fotheringham and C. Perry felt that a better agreement would be to have the LPPSD repay the City for the hours that volunteer personnel get paid while responding to a call.
This amendment proposes that volunteer personnel that get called on non-emergency calls make up the time that they were away from City work. Konrad Hildebrandt felt that if the Council would like to encourage volunteer staff on the District, the Council should not touch compensation. To address the work load concern, the Council would need to raise the number of hours, as needed. Konrad Hildebrandt will talk to the City Managers of Highland and Alpine about the current arrangements with compensation as well as the importance of having EMTs in the public building and bring it to the next meeting, including language that shows compensation for the made-up hours. The hope is that talking to the rest of the District will produce a district-wide policy that evenly distributes the costs of compensation
MOTION: C. Fotheringham - To table this item pending Konrad Hildebrandt’s investigation and report next meeting. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
C. Fotheringham excused - 8:43 p.m.
MOTION: C. Willie - To move Item #8 before Item #5. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
C. Fotheringham returns - 8:45 p.m.
8. Review/Action on Community Services Department (8:46 p.m.)
See handouts. Konrad Hildebrandt reported that the The Community Services Director resigned at the beginning of January. There is money in the budget for a Community Services Director. Discussion - There is some hesitation on filling that position because there are questions about the future of the Community Services Department and the value being realized by the Community Services position. This department oversees the Parks & Trails Committee, Youth City Council, youth sports programs, and the Family Festival. Konrad Hildebrandt reported that the The importance of having a paid staff for this department is that it maintains consistency. Quality of life issues and community services are important to residents. Staff is willing to follow the philosophy of the City Council, but that philosophy needs to be stated. Mayor Adamson of Highland is interested in forming a tri-city recreation district with Cedar Hills and Alpine. A tri-city recreation district could be its own separate taxing district. C. Fotheringham felt that recreational programs should be self-sustaining with volunteer parents heading up the organization. C. Parker pointed out that it is possible to have volunteer-driven programs. He came from a community where there were youth organizations that was 4,000-5,000 strong that was completely market-driven and led by volunteer parents.
MOTION: C. Fotheringham - To not fill the position of Community Services Director. Seconded by C. Parker.
C. Lowder felt that the position should be filled and re-evaluated at the end of the fiscal year. C. Perry felt that it would be a bad idea to fill the position and then dissolve it at the end of the fiscal year. C. Perry also felt that some direction should be given to Konrad Hildebrandt about the Council’s policy for the Community Services Department.
Aye-C. Fotheringham
C. Parker
C. Perry
Nay-C. Lowder
C. Willie Motion passes.
MOTION: C. Fotheringham - To table the next portion of this discussion until after the Executive Session. Seconded by C. Perry.
The next part of the discussion will focus on giving policy direction to staff concerning Community Services.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:23 p.m.)
MOTION: C. Willie - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
*** EXECUTIVE SESSION ***
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting (11:44 p.m.)
MOTION: C. Fotheringham - 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.
5. Review/Action on Fiscal Year 2003-2004 Audit (11:45 p.m.)
See handouts.
MOTION: C. Parker - To table this item until the February 15, 2005 meeting. Seconded by C. Fotheringham.
Aye - C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
The City Council needs to address this issue because the deadline to approve the audit has expired.
MOTION: C. Perry - To approve the Fiscal Year 2003-2004 Audit. Seconded by C. Willie.
C. Parker asked for a clarification on what an abstaining vote meant. Kim Holindrake stated that an abstaining vote is a “no” vote. C. Perry expressed confidence in the audit. C. Lowder pointed out that it would be nice to make the audit more user-friendly in the future. C. Parker pointed out that there are a few inaccuracies, such as a statement that the lease revenue bond is secured only by the golf course. That statement did not bother either C. Perry or C. Lowder.
Aye-C. Lowder
C. Perry
C. Willie
Nay-C. Fotheringham
Abstain- C. Parker Motion passes.
6. Review/Action on Board/Committee Appointments - Planning Commission (11:55 p.m.)
See handouts.
MOTION: C. Parker - To approve Mayor McGee’s recommendation to appoint Donald Steele to the Planning Commission, as the second alternate. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
7. Review/Action on Contribution to Family First Event (11:56 p.m.)
See handouts. The Family First Committee wants Cedar Hills to contribute $1,000. Last year the City contributed $750. Alpine City has budgeted $3,000. C. Lowder felt that because he has been attending meetings and Cedar Hills has already started marketing the event, it is assumed that the City will contribute. Next year, the City can evaluate the value of the Family First event and the City’s participation before getting involved.
MOTION: C. Parker - To not approve any allocation of funding for the Alpine City Family First Event. Seconded by C. Fotheringham.
C. Lowder felt that the City is too involved to not contribute. C. Lowder and C. Willie felt the City Council should give it one more year and see how many Cedar Hills residents attend. C. Perry felt that the City showed enough support by sending C. Lowder to the committee meetings. C. Fotheringham felt that people who want to hear Steven Covey can go to the bookstore and buy a book. However, not contributing might create a negative relationship with Alpine City.
Aye-C. Fotheringham
C. Parker
C. Perry
Nay- C. Lowder
C. Willie Motion passes.
8. Review/Action on Community Services Department - Continued (12:24 p.m.)
See handouts. C. Fotheringham felt that Community Services and Recreation are outside the proper scope of government. C. Perry does not feel that there is anything wrong with subsidizing recreation, but questions where to draw the line. C. Willie urged the City Council to consider what the residents want. The City already subsidizes youth sports in the form of fields. Residents can go to any City, other than American Fork, and enroll on their teams and in recreational activities.
C. Fotheringham volunteered to take the next two weeks to gather volunteers for the Family Festival. Konrad Hildebrandt will send C. Fotheringham a copy of all the activities that made up the Family Festival. C. Parker will put together a matrix of sports offered. C. Fotheringham will report back in two weeks.
9. City Manager Report and Discussion
No report.
10. Board and Committee Reports
No reports.
13. Review/Action on Contracting for a City Attorney (12:58 a.m.)
See handouts.
MOTION: C. Parker - To appoint Smith Hartvigson, Attorneys at Law as the City of Cedar Hills Attorney. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
14. Review/Action on Resolution Adopting the City Manager’s Contract (1:00 p.m.)
MOTION: C. Perry - To table Item #14. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
15. This meeting was adjourned at 1:02 a.m. on a motion by C. Willie, seconded by C. Perry and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
February 15, 2005