CITY COUNCIL MEETING
Tuesday, February 15, 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, Jim Perry, James Parker
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Courtney Hammond, City Meeting Transcriber
David Bunker, City Engineer
Rodney Despain, City Planner (7:15 p.m.)
Others: Carl Volden, Ben Volden, Jim Cheney, Connie Cheney, Roxy Ogden, Bob Ogden, Jennifer Byers, Jeff Byers, Dale Ewell, Ralph Walker, Eileen Walker, Carolyn Hamilton, Steve Casazza, Ken Cromar, Eric Richardson, Becky Richardson, Brent Uibel, Jim Baird, Kenna Mills, Scout Troop 1189, Paul Hammer, Richard Nance, Gary Duncan, Tera Duncan, Paula Yates, Paul Shumway, Japheth McGee (7:10 p.m.), Doug Ellis (7:12 p.m.), Tom Jenkins (7:30 p.m.), Andrew Wooley (7:30 p.m.), Wes Higbee (7:30 p.m.), Russ Fotheringham (7:30 p.m.), Tasha Parker (7:30 p.m.), Liza Fotheringham (7:30 p.m.), Sue Spencer (7:30 p.m.), Gina Higbee (7:30 p.m.), Steve Sorensen (7:30 p.m.), Laurie Petersen (7:30 p.m.), Gretchen Gordon (7:30 p.m.), Brad Freeman (7:45 p.m.), Chad Kitchen (7:45 p.m.), Steve Kroes (8:00 p.m.), AJ Michaels (8:00 p.m.), Cecil Reed (8:00 p.m.), Kyle Spencer (8:00 p.m.), Jeff Mansell (8:00 p.m.), Mike Olsen (8:00 p.m.), Brandon Hargett (8:00 p.m.), Greg Bishop (8:00 p.m.), Larry Ellertson (9:15 p.m.), Eric Johnson (9:15 p.m.)
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 7:05 p.m.
Invocation given by C. Perry
Pledge of Allegiance
2. Public Issues for Future Agendas (7:06 p.m.)
• Jim Cheney: He stated that Cedar Hills is a small city with limited resources and compared Decisions 2004 to a Christmas list. The City needs to prioritize and does not need to follow a wish list.
• Eric Richardson: He is concerned with public safety and feels that the City does not adequately value its public safety officials.
• Carl Volden: He expressed appreciation for the City staff. Mr. Volden was surprised by the Daily Herald article about the attitude of the Council toward community services. He felt that the programs the Council has chosen to cut could help prevent substance abuse and other safety issues and asked the Council to reconsider its position.
• Dale Ewell: He stated that the City has allowed a home to be built next to him that he feels infringes on his privacy and violates setback requirements. Mr. Ewell asked the City to look at the issue. C. Parker asked that three issues be considered on a future agenda: (1) Existing codes and whether the City has followed the code, (2) “Gray areas” and who is allowed to make decisions in those gray areas, (3) Recourse to residents when code has not been followed. The Mayor stated that all codes are subject to the interpretation of the Building Department.
• Becky Richardson: She is concerned about the Community Services Department because she is interested in keeping youth involved so that they don’t get in trouble. She would like the Council to reconsider its decision to not fund youth programs. C. Perry clarified that the decision of the Council was simply to not fill the Community Service Director position.
3. Approval of the Minutes from the February 1, 2005, Public Hearing and Regular City Council Meeting (7:21 p.m.)
MOTION: C. Parker - To approve the minutes from the February 1, 2005, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Willie.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Funds for the North Utah County Choir (7:27 p.m.)
See handout. Kenna Mills, Director of the North Utah County Choir, requested that the City of Cedar Hills contribute $250 to the choir; last year the City contributed $175. There are 40–50 members of the choir with about five being from Cedar Hills. Each choir member pays $20 to be a part of the choir and to cover some of the expenses. Renting the music for the upcoming concert costs $350 and there are also expenses for the accompanists. The concerts are free right now but in the future, they hope to be able to charge a fee and become more self-funding. C. Parker talked to a member of a competing choir whose dues are $50 per year. He supports the arts but believes that they should be paid for by those who participate. Ms. Mills pointed out that a few of the members struggle to pay the $20 fee. C. Perry pointed out that the Council spends the residents’ money and looks at the best use for that money. He feels like using taxpayer money for this choir seems arbitrary and doesn’t make sense.
MOTION: C. Parker - To deny the North Utah County Choir request for funding. Seconded by C. Perry.
C. Lowder referred back to Jim Cheney’s remark about Decisions 2004 being a wish list. The wish list might be a mile long, but it isn’t. There are not that many groups coming to the City for funding. As a point of order, the Mayor clarified that discussion after a motion is on the table should be limited to clarifications Council members need in order to vote.
Aye- C. Parker
C. Perry
Nay-C. Lowder
C. Willie
Aye - Mayor McGee Motion passes.
5. Presentation by Utah County Division of Substance Abuse (7:40 p.m.)
See handouts. Presentation given by Richard Nance, Director of the Utah County Division of Substance Abuse. Last year Mr. Nance gave a presentation to develop a program to stop the sale of alcohol to youth. Only three cities, American Fork, Cedar Fort and Santaquin, have chosen to not participate in the program. The program trains retail clerks on how to recognize underage buyers. The feedback on this program has been positive from police departments as well as retailers. By reducing the amount of alcohol sold to youth, there is a decrease in the number of tickets and DUIs issued to underage drinkers. Tonight, the City Council will consider an ordinance on alcohol sales. Utah has the lowest incidence of substance abuse in almost every category. Tennessee has a very low incidence of alcohol dependence, while most of its counties are wet. The data shows that alcohol dependence has more to do with community attitudes, parenting and religious beliefs than whether the county is wet or dry. Other studies show that wet counties have more murders, robberies, negligent manslaughter, weapon violations, disorderly conduct and drunkenness. A dry county is one that does not allow any liquor sales. Some dry counties allow wet cities.
MOTION: C. Parker - To move Item #13 immediately after #5, and Items #9 and #10 immediately after #13. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
13. Presentation - Wasatch Choices 2004 - Mountainland Association of Governments and Envision Utah (7:52 p.m.)
See handout. Andrew Wooley from Mountainland Association of Governments (MAG) and Bob Turragno from Envision gave a presentation regarding the long-range transportation plan. The conventional approach to transportation planning is one-way communication with a meeting between municipalities, MAG and elected officials with a five-year outlook. The problem with this conventional approach is that land use plans do not stay the same, which leads to a plan for tomorrow’s transportation system with yesterday’s land use plan. The new approach to transportation planning recognizes the land use and transportation interaction. Wasatch Choices is a two-way dialogue through public workshops that leads to several possible scenarios for land use. The scenarios are then evaluated based on job creation, land consumption, air quality, traffic, water use, open space, housing opportunities, etc. The process is overseen by local officials. The public workshop for Cedar Hills is Thursday, February 24 from 6:00-8:30 p.m. at the Pleasant Grove Junior High cafeteria.
9. Review/Action on Ordinance Regarding Alcohol Sales (8:15 p.m.)
See handouts. Mayor McGee read a prepared statement, stating that he believes that while the majority of the community is LDS and adheres to certain values, the community cannot impose those standards on others. Freedom of choice is a principle of both the LDS Church and the country. Additional public comment was heard.
• Ralph Walker: He agreed with the ordinance prohibiting alcohol, not on the basis of religion, but as an example to the youth, especially since the commercial area is near the high school and elementary school. Highland prohibits alcohol and Cedar Hills should support its neighboring city.
• Carolyn Hamilton: She fears that allowing alcohol sales across the street from the high school would make it too easy for underage youth to obtain it.
• Ken Cromar: He felt that all laws are moral in nature for the protection of a community that holds similar standards. Smiths approached Highland to build a grocery store. Highland provided them with a compliance list, which included no alcohol sales and Sunday closure. He stated that Smith’s agreed to the compliance list and later backed out of the agreement. He asked the Council to adopt a similar ordinance and adhere to it.
• Jim Baird: He expressed support for the two ordinances. He does not believe that personal agency would be compromised because alcohol or Sunday shopping is available within a ten-minute drive. He asked the Council to stand for the values of the community it represents and vote for the ordinances.
• Paul Shumway: He felt the Council should represent what the residents want, and he thinks the majority of the residents want these ordinances to pass. He does not feel that it is a religious issue, but rather a community issue.
• AJ Michaels: She pointed out that a Sunday closure ordinance requires the city government to draw lines about what can or can’t be open on Sundays. She believes that everyone can decide for themselves what is right and wrong and act accordingly. Laws are not needed if people are morally responsible and live their own values.
• Eric Richardson: He, as a Planning Commissioner, researched these issues and put the hours of operation information together. He did it primarily to sort through his own thoughts. In the process, he has become concerned about a few things. One concern is whether these issues are within the rights of government. He also feels that pragmatically it will be difficult to design an ordinance for these issues that are legally defensible.
• Steve Sorensen: He represents Smiths. Highland did not dictate Sunday closure. Highland stipulated that Smiths needed to close one day a week, and Smiths could dictate which day. Smiths did not pull a building permit, because discussions never got that far.
Mayor McGee pointed out that the ordinance prohibits “any person from knowingly having in their possession any intoxicating liquor.” That goes beyond the sale of alcohol and involves what people can do in their own homes. It further prohibits importing, carrying and distributing alcohol. He feels this goes too far and prohibits residents from using alcohol such as for cooking. C. Parker clarified that this section was lifted from an opinion written by an attorney that stated what municipalities have the right to prohibit. C. Perry agreed with Mayor McGee about this ordinance and issues of freedom, but acknowledged that an alcohol ordinance is in the interest of public safety. He would only support this ordinance contingent on legal review. C. Parker proposed changing the ordinance to state that “The City of Cedar Hills prohibits the manufacture, sale, keeping or storing for sale, offering or exposing for sale, advertising or distributing of intoxicating liquors within the City limits.” C. Lowder felt that, unlike the Sunday issue, this is not a religious issue. He asked that the Council consider what might happen to home values if the City is the only stop for buying alcohol. That involves the City’s reputation.
MOTION: C. Perry - To table this issue and instruct staff to draft an ordinance that prohibits the sale, manufacture, keeping or storing for sale, offering or exposing for sale, advertising or distributing of intoxicating liquors within the City limits for legal review including penalties for violation and anything else that needs to be included and have it ready for the next Council meeting. Seconded by C. Willie.
Mayor McGee clarified that his comments at the beginning related to the Hours of Operation ordinance. C. Parker asked staff to also review the importance of formally adopting the State Alcohol Beverage Control Act.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Willie - To move Item #16 to be addressed now. Seconded by C. Lowder.
Aye-C. Lowder
C. Perry
C. Willie
Nay - C. Parker Motion passes.
16. Review/Action on Memorandum of Understanding with Provo River Water Users Association (9:20 p.m.)
See handouts. Larry Ellertson reported that there are 10-11 cities and the county joining in this. There is federal legislation in the House and the Senate to authorize the transfer of title of the Provo River canal to the Provo River Water Users Association. The reasons for this project are listed in the memo. One of the reasons is to provide a trail corridor from the mouth of the canyon to Salt Lake. By signing this, the City is saying it understands and supports the memo. The memo allows for future agreements about how the corridor can be used. The main reason for the agreement is to maintain the ability for the residents to use the trail corridor. The City is not giving up any rights by signing this.
MOTION: C. Willie - To authorize Mayor McGee to sign the Memorandum of Understanding with Provo River Water Users Association. Seconded by C. Lowder.
All but two of the cities have signed the memo.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. Review/Action on Ordinance Regarding Hours of Operation (9:28 p.m.)
See handouts. This ordinance was written verbatim from what C. Parker submitted to the Council. received from Planning Commissioner Richardson. C. Parker’s information came nearly verbatim from Eric Richardson of the Planning Commission. This ordinance prohibits commercial operations to be open on Sunday and sets hours of operation from 7:00 a.m. to 11:00 p.m. The City attorney, Eric Johnson, has stated that legally you can require Sunday closure if the right criteria are in place, including history. It would be struck down if it was based on religious reasons. C. Parker knows of instances when the Supreme Court has upheld cases of Sunday closure for reasons of safety, peace and tranquility. C. Willie would need to be convinced that there would be a larger impact to the peace and tranquility of the area if a grocery store was open on Sunday than the traffic an LDS stake center would draw. She also felt that the City needs a commercial area. C. Perry feels that the commercial area is irrelevant. It is more important to think about what is best for the community. He pointed out that the vast majority of residents who spoke tonight for Sunday closure cited religious reasons. The government has the power to legislate what residents allow it to legislate, and he is unwilling to turn Sabbath observance over to the government. C. Parker disagreed and stated that closing on Sunday does not infringe on anyone’s religious rights. C. Lowder felt that not passing this ordinance and relying on conditional use still allows the Council to protect the peace and tranquility of the community. C. Parker pointed out that there are considerations other than religious ones and the Council needs to consider what is best for the community in terms of peace and tranquility. C. Willie pointed out that residents can control whether they shop on Sunday but cannot control how much taxes will have to be raised without a commercial area. C. Parker challenged whether taxes will rise without commercial. Mayor McGee asserted illustrated that, after build out, the residents will need to make up financially to cover what growth fees currently cover, and taxes will need to be raised. C. Perry agreed that the City is currently living off of one-time growth revenue and impact fees, but felt the Mayor’s numbers were exaggerated because many of the current expenses, such as park development, will also stop at build out.
MOTION: C. Parker - To approve Ordinance 2-15-2005A, An Ordinance Establishing the Hours of Operation in the Commercial Zone. No second. Motion dies.
C. Perry stated that he cannot support the ordinance because language such as “conscientious objector” make it a religious ordinance.
19. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:50 p.m.)
MOTION: C. Lowder - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Perry.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
* * EXECUTIVE SESSION * * *
20. Motion to Adjourn Executive Session and Reconvene City Council Meeting (1:39 a.m.)
MOTION: C. Willie - To adjourn the Executive Session and reconvene the City Council Meeting. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review/Action on Amendments to Bridgestone PUD, Plat D (1:39 a.m.)
See handouts. The amendment involves removing the basketball and tennis courts and putting in a clubhouse. All residents within 300 feet were sent a letter and no written objections were received. C. Willie stated that the drainage easement was to be completed with landscaping and correcting problems with the entry statement. David Bunker reported that the entry statement is in another phase. This plat was approved in 2003 and the developer City was waiting for signatures from existing owners, which never came. When the plat was approved there were only 2-3 owners and now there are 5-6 owners. Some of the owners are living out of state, which has made it difficult to get signatures.
MOTION: C. Willie - Based on the finding that neither the pubic nor any person is materially injured by the proposed plat amendment and that there is good cause for the amendment, I move to approve Ordinance 2-15-2005A, An Ordinance Amending Ordinance 3-2-1999C, Approving Plat D of the Bridgestone Planned Unit Development at Approximately 9560 North 4500 West. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
7. Review/Action on Amendments to the City’s Compensation Plan Regarding Volunteer Fire and EMT Compensation (1:45 a.m.)
See handout. The reason for this proposal is the concern that there is lost work hours due to non-emergency calls or transport calls. These calls are true emergencies, but are not within the district. Lone Peak Public Safety District (LPPSD) is the only agency is North Utah County that has paramedics. LPPSD premiums are low compared to other comparably sized cities, which do not even offer full-time paramedic coverage. C. Perry pointed out that the costs of LPPSD are low because of the money brought in by the transports. Brad Freeman, EMS Director for LPPDS, stated that Cedar Hills needed to provide volunteers, but no residents came forward. City employees trained on their own time and didn’t get paid for it and they do not get paid for additional training. C. Perry stated that the issue is not about cutting benefits or compensation. The issue is simply the hours needed to do the work in the office.
This proposal requires the employee volunteers to make up the hours. They get paid for additional hours. Under the current arrangement, Cedar Hills is pulling its full weight in the District. C. Parker felt that the stipend was a minor issue. The bigger question is how do we cover the office hours and still make sure the emergency service is provided.
Cedar Hills paid $90,000 to the District last year and other cities pay much more. The fact that the District is a cooperative arrangement does save everyone money. The District covers costs by bringing in outside workers that are full-time elsewhere and part-time here. The transports are part of the benefit and income also. Additional volunteers are paged in to cover emergencies in the District while the scheduled crew is on a transport. Sue Spencer, an EMT and Firefighter, stated that she covers during transports as well.
Konrad Hildebrandt proposed leaving the stipend the same. C. Parker clarified that this proposal essentially funds another halftime emergency person. This proposal would require increasing the number of hours budgeted. C. Perry stated that if there is an agreement with the District that Cedar Hills provide volunteers, then it should be written into the contract. Gretchen Gordon understood that there can be a work load problem when she is out of the office on transports and will continue to make a good faith effort to complete the necessary work and meet deadlines.
MOTION: C. Perry -To approve Ordinance 2-15-2005B, An Ordinance Adopting the Compensation Plan; Setting Salaries and Compensation Policies for Cedar Hills Employees and Elected and Appointed Officials for Fiscal Year 2004-2005, with the following amendments: 1) Striking out the changes in Paragraph 1, 2) Striking out the change in the stipend from Paragraph 5, and 3) Striking the language “non-emergency.” Seconded by C. Parker.
C. Parker suggested that the motion include language that states “shall require the employee to make up work time with pay.”
AMEND MOTION: C. Perry - 4) Paragraph 4 last line should read “shall require the employee to make up work time lost with pay.” Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Ordinance Regarding Engine Brakes (2:12 a.m.)
See handouts.
MOTION: C. Perry - To approve Ordinance 2-15-2005C, An Ordinance Amending Title 5, Chapter 2, Section 2, of the City Code of the City of Cedar Hills, Utah, Entitled Public Disturbances. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. Review/Action on Creating City Positions for Golf Employees (2:12 a.m.)
See handout.
MOTION: C. Perry - To have Konrad Hildebrandt gather information and make a recommendation to Council at the next meeting. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
12. Review/Action on Percent of Sales for Pin High Golf (2:14 a.m.)
See handouts. It was understood that the City would take 10% of sales from Pin High Golf who runs the pro shop at the golf course. Gina Higbee stated that her understanding was that it would be 10% of net, but C. Lowder pointed out that the unsigned contract does say gross. C. Lowder stated that maybe it shouldn’t be done that way and Gina Higbee should operate her own business. The City doesn’t want to be exposed to the year-end buy back. Gina Higbee stated that no other City employees are working in the proshop and felt that in fairness, the 10% should be hers. Things go out of style and she can’t blow things out because of the percentage that she has to return to the City. A typical markup is about 30 to 35%. Gina Higbee stated that her motto is to take care of the golfers, so she doesn’t mark up double or product isn’t purchased. C. Willie would like to let Gina Higbee deal with her business the way she wants. Gina Higbee stated that the original agreement was quickly thrown together, but the City didn’t want to pay to build the proshop. C. Parker suggested that the cost of things such as insurance and the building be paid in a flat monthly fee. C. Lowder felt that the City should allow Ms. Higbee to run the golf course pro shop and assume the risk. C. Perry clarified that doing so would be like letting Gina Higbee run a partially subsidized business and gets all the profits. It is a perk for the Director of Golf. Gina Higbee said she makes the lowest salary for golf pros in the county. The City made $4,094 from the pro shop and Ms. Higbee made $7,500. C. Parker wanted more investigation. Konrad Hildebrandt clarified that all the money from the pro shop comes to the City, and then 90% is remitted back to Gina Higbee. Ms. Higbee carries her own insurance on the products.
MOTION: C. Lowder - That the City terminate the contract with the golf pro regarding proshop sales and allow her to operate her business at her discretion. No second. Motion dies.
C. Parker expressed concern about terminating the contract without knowing what it said. He did not want to terminate the entire contract but just the proshop issue.
MOTION: C. Perry - That the City Council of the City of Cedar Hills has determined that it would be in the best interest of the community as a whole to be out of the golf pro shop business, that any and all agreements with regards to the pro shop at the golf course be terminated and allow Gina Higbee, as Director of Golf, to operate a pro shop at the clubhouse at her discretion. Seconded by C. Lowder.
C. Parker suggested that Konrad Hildebrandt and Gina Higbee write up a contract dealing with liability, business license, etc because there is currently a binding verbal contract in place that guides the relationship between the City and PinHigh Golf.
Nay -C. Lowder
C. Parker
C. Perry
C. Willie Motion fails.
MOTION: C. Perry - To have Konrad Hildebrandt work with Gina and draft a contract specifying the nature of the relationship for the operation of the pro shop addressing issues of liability, insurance, use of facilities, staff participation in pro shop, etc. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
C. Perry felt that the City needs to be official and clean up its act. If there is not a legitimate contract in place, the City is exposed.
14. Review/Action on Resolution Adopting a Pre-Disaster Hazard Mitigation Plan (2:42 a.m.)
MOTION: C. Willie - To approve Resolution 2-15-2005A, A Resolution Adopting the Mountainland Association of Governments Pre-Disaster Hazard Mitigation Plan as Required by the Federal Disaster Mitigation and Cost Reduction Act of 2000. Seconded by C. Lowder.
Aye -C. Lowder
C. Perry
C. Lowder
Nay - C. Parker Motion passes.
15. Discussion Regarding City Council Procedures (2:45 a.m.)
C. Perry will draft a new procedure regarding agendas for the next meeting. C. Parker requested that the procedures include how things get on and off the agenda as well as a time frame.
17. City Manager Report and Discussion (2:50 a.m.)
Monthly management report in boxes.
18. Board and Committee Reports (2:54 a.m.)
No reports.
21. Review/Action on Resolution Adopting the City Manager’s Contract (2:54 a.m.)
Mayor McGee has not received information from Council members regarding this issue.
C. Parker requested that the Mayor put the Ewell issue be on a future agenda.
22. This meeting was adjourned at 2:57 a.m. on a motion by C. Lowder, seconded by C. Willie and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
March 1, 2005