PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, March 1, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
This meeting was held electronically via telephone to permit one or more of the Council members to participate.
Present: Mayor Mike McGee, Presiding
Council Members: Darin Lowder, Melissa Willie, Jim Perry, James Parker (via phone), Rob Fotheringham (via phone)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
David Bunker, City Engineer
Eric Johnson, City Attorney
Courtney Hammond, City Meeting Transcriber
Others: Paul Shumway, Mark Eddington-Salt Lake Tribune, Carlos Gurr, Gretchen Gordon, Sue Spencer, Steve Kroes, Donna Miller, Shawn Richins, Denise Andersen, Mark Andersen, Kyle Spencer, Brent Keil, Jane Brady, Jay Demott, Marin Decker-Deseret News, Paul Hammer, Elizabeth Nardi-Daily Herald, Jim Cheney, Connie Cheney, Ralph Walker, Eileen Walker, Steve Dimond, Judy Arnold, Stanley Smith, Donald Brown, JoeAnn Brown, Karissa Neely-New Utah, Russell Smart, Gloria Smart, Mark Hampton, Steve Broadbent, Gary Duncan, Steve Casazza, Tiny Walker, Mark Hanson, Erica Reeve, Larissa Powell, Matt Throckmorton, Julie Walker, Tamsen Boley, Richard Hancock, Jeana Hancock, Mike Eddison, Susan Gonzolas, Nick Gonzolas, Stacey Stevenson, Alison Spencer, Keley Whipple, Kelsey Turbiville, Aaron Jared, Lexie Southworth, Chris Tillack, McKay Hooker, Jacob Tebbs, Mark Bishop, Gary Maxwell, Brice Payton, Chris Whitehead, David Kirkpatrick, Thomas Isom, Jeannine Isom, Lynn Spencer, David Lone, Eric Richardson
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 7:23 p.m.
2. Preliminary Plan for The Cedars at Cedar Hills, Plat I
No comments.
3. This Public Hearing was adjourned at 7:24 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 7:24 p.m.
Invocation given by C. Lowder
Pledge of Allegiance
2. Public Issues for Future Agendas (7:26 p.m.)
• Richard Hancock: Mr. Hancock expressed belief in the agency to choose and does not feel alcohol sales should be legislated. The City needs a tax base and banning alcohol sales might exclude proven, reputable retailers. Cedar Hills is more landlocked than Highland and Alpine, which makes it less attractive to retailers. Because Cedar Hills is small, it cannot rely solely on property taxes. He urged the Council to not ban alcohol sales.
• Jim Cheney: Mr. Cheney said there are communities around the nation that have decided to have “down time” one day a week where there are no commercial activities and encourages Cedar Hills to provide that.
• Gretchen Gordon: Ms. Gordon read a statement signed by 36 residents. The City needs commercial development. Fear of the unknown or narrow mindedness should not be a reason for turning away commercial development. While 96 percent of the community belongs to the predominant religion, 96 percent of residents do not want to refuse reputable retailers. The proper role of government is not to dictate what or how we buy products. People do not decide where to shop based on whether the establishment sells beer. The guidelines for commercial development should not be so stringent that it prohibits anchor tenants. See handout.
• Julie Walker: Ms. Walker represents Lincoln Academy that will be opening this fall. It is a K-8 charter school. Lincoln Academy has put an offer on the table to purchase 5 acres for $1 million from the City. They would like to purchase 5 acres of the 9-acre parcel. The school is anxious to hear back from the City on this issue. The school will serve 480 students.
• Joann Brown: Ms. Brown came from Washington where she lived close to an area where Seventh-day Adventist was the predominant religion and businesses were closed on Saturdays. The residents learned to shop on Thursdays and Fridays. It is important to keep values high and strong. Commercial business is important, but she believes that the right opportunity will present itself if the community adheres to its values.
• Gary Duncan: Mr. Duncan supports the ordinance to ban alcohol sales. Though alcohol is legal, we should not bring it into the community. It is mind altering and is associated with many societal problems. Community leaders should set a high standard, especially when it comes to setting an example for youth. Alcohol sales are contrary to the values of the majority of the residents. Alcohol is associated with traffic accidents, broken homes, vandalism, juvenile delinquency, etc.
• Jane Brady: Ms. Brady stated that if the City begins imposing views and values on grocery stores, where will it stop. She has taught her children to avoid temptation.
• Donna Miller: Ms. Miller works at Macey’s in Pleasant Grove. The store sells alcohol. Patrons can choose to walk by or purchase it. The problems that arise from alcohol are already here. Many Cedar Hills residents shop at Macey’s in Pleasant Grove. She believes in agency and appreciates having a choice.
• Paul Shumway: Mr. Shumway Is willing to pay more taxes and drive further to a grocery store rather than have a store that sells alcohol and is open on Sunday. He does not believe it is a matter of free agency or a religious issue. There are many laws that legislate morality. He asked the Council to be patient and wait for the right commercial opportunity.
• Ralph Walker: Mr. Walker had heard that Associated Foods was not interested in Cedar Hills. He has a friend that is on the board of directors of Associated Foods who says that they are interested. Sunday closing is not an issue for Associated Foods.
• Brent Uibel: Mr. Uibel pointed out that there are many who voiced their opinion tonight that do not want their lives legislated. He said that one of the principles of the predominant religion is free agency. He believes parents should teach their children so that there is no need for everything to be legislated
• Jeanine Isom: Ms. Isom said that government legislates morality all the time. Cedar Hills has inner integrity and needs to stand for what they want. Having a community that backs up family values helps parents. Alcohol is not as much a religious issue as a health issue. There are places nearby where people can buy alcohol. Negotiations should be two-way, and Smith’s should not be able to dictate their demands to us.
• Thomas Isom: Mr. Isom said there are legitimate interests either way. He is interested in viable commercial options for the City. Much has been said about negative effects about alcohol consumption. There are also some health benefits of alcohol in small amounts. He does not feel it is legitimate to allow Sunday openings and alcohol sales, but no alcohol sales on Sunday.
3. Approval of the Minutes from the February 1, 2004, Regular City Council Meeting (7:55 p.m.)
MOTION: C. Perry - To approve the minutes from the February 1, 2005, Regular City Council Meeting, as amended. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
4. Review/Action on Preliminary Plan for The Cedars at Cedar Hills, Plat I (8:05 p.m.)
See handouts. The Cedars, Plat I, was denied final approval because some roads were in the slope failure zone. An updated version was submitted to the Planning Commission showing that all the streets and utilities have been pulled out of the slope failure zone. The Planning Commission had some issues that have been taken care of, such as concern about the buildable area on Lots 12, 13 and 14. The developer has provided floor plans that will fit in the building envelopes on those lots. David Bunker recommended approval of this preliminary plat. Rodney Despain stated that in the final plat, the lots in question would need to show a building envelope. That is how the City discloses that that particular building envelope is small. The plat also needs a notation stating that the City is unwilling to allow a landowner to build on a slope failure zone. This restriction is reasonable.
MOTION: C. Perry - To approve the preliminary plat for The Cedars, Plat I, subject to: 1) Final engineering, and 2) Inclusion on the final plat of the building envelopes. Seconded by C. Willie.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie
Abstain- C. Fotheringham Motion passes.
5. Review/Action on Request for Winter Paving Exception for Elliott Fields Subdivision (8:13 p.m.)
See handout. The developer of the Elliot Fields Subdivision has requested a winter paving exception, which means they are able to obtain occupancy permits without having asphalt paving. They will be required to install an additional three inches of road base to provide access to the lots. The complete asphalt paving would need to be installed no later than April 30, 2005.
MOTION: C. Willie - To approve the winter paving exception for Elliot Fields Subdivision subject to the following: 1) The developer shall be required to install an additional three inches of road base to provide sufficient access to all lots within the plat, and 2) No later than April 30, 2005 the additional road base shall be removed and the hard surface asphalt shall be installed. Seconded by C. Lowder.
Discussion regarding the fact that the extra three inches is to the lip of the curb and gutter.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review/Action on Request for Winter Paving Exception for Bridgestone, PUD, Plat D (8:15 p.m.)
See handout. This subdivision has also requested a winter paving exception so they can get people moved in. Two buildings will be ready for occupancy prior to final paving.
MOTION: C. Perry - To approve the winter paving exception for Bridgestone, Plat D, subject to the following: 1) The developer shall be required to install an additional three inches of road base to provide sufficient access to all lots within the plat, and 2) No later than April 30, 2005, the additional road base shall be removed and the hard surface asphalt shall be installed. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie
Abstain- C. Fotheringham Motion passes.
7. Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for The Cedars, Plat C (8:17 p.m.)
See handout. The Cedars, Plat C, has completed improvements. An inspection conducted by the City produced a list of items to be corrected. They have all been corrected to meet City standards. David Bunker recommended that the City accept the subdivision improvements and authorize the release of the performance guarantee, and allow the durability period to begin.
MOTION: C. Lowder - To approve acceptance of subdivision improvements, release of the performance guarantee, and the start of the durability period for The Cedars, Plat C. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Restaurant Tax Money Distribution (8:20 p.m.)
See handouts. The Utah County Commissioners have determined there are surplus funds of $150,000 to distribute to municipalities for funding recreational facility projects. The City would need to submit a grant application in order to receive its distribution of $3,987.16 to be used for recreational facility projects. If the City chooses not to submit a grant application, the money would be distributed to the other municipalities. It was noted that in the Mountainland Association of Governments (MAG) population projection, Cedar Hills isn’t given credit for its growth.
MOTION: C. Willie - To approve the Utah County Restaurant Tax grant application. Seconded by C. Lowder.
C. Parker requested confirmation clarified that the only “strings attached” is that the money must be spent on recreation or recreational facilities. Konrad Hildebrandt and Mayor McGee confirmed that was true.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action on Ordinance Regarding Alcohol Sales (8:29 p.m.)
See handouts. This ordinance was reviewed by legal counsel and the language was updated. Legal counsel has also suggested that the term “advertising” may complicate things, and suggested that the word be more clearly defined. Legal counsel feels that “distribution” means, for example, distributing on Sunday for sale on Monday. For instance, a beer company cannot build a warehouse in Cedar Hills where they stock distribution trucks. Adding the language “commercial distribution” would clarify any misinterpretation. The broad powers granted to cities are mitigated by the Utah Alcoholic Beverage Control Act. The Utah Alcohol Beverage Control Act limits what can be sold by cities. The Act grants broad powers to further restrict what is sold by cities.
C. Perry felt that there is a difference between the moral choices of the majority of residents and forcing that choice on everyone. He felt that some things are clearly in the public’s best interest. However, there are no clear answers on this ordinance’s affect on DUI’s or teen alcohol use.
C. Lowder said it is better to live one’s values rather than legislate them. He is uncomfortable approaching this issue as a morality-based issue. In his opinion, this community is great because residents live their values regardless of how those values are legislated. He said this issue might affect the City through public safety. He believes it is better to restrict where it can be consumed, for example, prohibiting consumption in parks to protect public safety. To support this ordinance, he needs more evidence that residents are jeopardized by people in surrounding areas coming in to buy beer.
C. Parker felt that every law that is passed is a reflection of the values that are held by the community. He said the crime and negative influences that accompany alcohol merit a ban on the sale of it in the City.
C. Lowder pointed out that the City needs commercial development, not just for the added revenue, but for the convenience and increase in property values.
C. Willie raised the question of whether people would have decided to not move here if there was already a grocery store that sold beer.
MOTION: C. Parker - To approve Ordinance 3-15-2005A, An Ordinance Prohibiting the Sale of Alcoholic Beverages Within the City of Cedar Hills, Utah, with the amendment that the word “commercial” be inserted before “distributing of intoxicating liquors.” Seconded by C. Fotheringham.
C. Perry said he cannot support the ordinance until the advertising issue is addressed. Eric Johnson suggested either limiting the kind of advertising or striking the word “advertising” altogether.
AMEND MOTION: C. Parker - To remove the word “advertising” from Part 1, Paragraph 1. Accepted and seconded by C. Fotheringham.
C. Lowder would like to hear more from the Council members about their views and perspective on this issue.
C. Fotheringham feels that that it is appropriate to limit places where you can buy alcohol just as you put limits on how loud someone can play music because there are negative external impacts on others.
Mayor McGee observed that the sale of tobacco-related products isn’t included in this ordinance. He feels that this ordinance is going too far. There are already laws against smoking in a public place. There are also laws that prohibit drinking in a public place, in a car, or even having an open alcohol container in a car.
C. Perry felt that when it comes to government, less is better. He asked himself whether the community would be better off with more government regulation and what material improvement this ordinance would offer the community. He said that it is not the role of government to legislate all that is good or bad. C. Parker stated that it is the proper role of government to protect life, liberty and property and feels this ordinance does all three.
C. Fotheringham feels that this ordinance would benefit the nondrinker by reducing alcohol consumption and resultant dangers in the City.
Richard Nance, Director of Substance Abuse for Utah County, gave his opinion that it is unlikely that those that are going to drink in the canyon will buy alcohol at this store. The biggest public safety risk is with those that drink at a bar and then drive home. This ordinance will not change that. Community values and parenting make the biggest difference in reducing alcohol- related problems. In his professional opinion, the ordinance will make no difference to the safety of the residents of Cedar Hills.
C. Perry felt that the case has not been made that this ordinance is in the best interest of the community.
C. Parker stated that if the ordinance cut back on drunk driving and saved just one life as a result, it is worth passing.
Aye-C. Fotheringham
C. Parker
Nay - C. Lowder
C. Perry
C. Willie Motion fails.
10. Review/Action on Creating City Positions for Golf Employees (9:25 p.m.)
See handout. The City Council asked for a cost analysis of bringing golf employees under the City umbrella. Staff recommendation is based on whether it is the City’s intention to maintain ownership of the course. If that is the case, it is a good idea to bring golf employees under the City umbrella because of exposure issues. If the City has undetermined intentions for the golf course, it would not be prudent to bring them under the umbrella. The cost would escalate almost five times. Retirement is required as well as medical, leave time benefits and human resource intangibles. The Council feels that the City should be out of the golf course business and it would be best to keep the current structure.
MOTION: C. Willie - To deny making Cedar Hills golf club employees City of Cedar Hills’ employees. Seconded by C. Perry.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. Review/Action on Percent of Sales for Pin High Golf (9:30 p.m.)
See handouts. During the last City Council meeting, the staff was directed to prepare a contract for Pin High Golf relative to the Cedar Hills Golf Club pro shop. Gina Higbee provided language and the staff has prepared to the contract. C. Lowder feels that the cost of rent, utilities, etc. that are included in the contract are negligible. C. Perry pointed out that there is a conflict of interest with Gina Higbee running the pro shop and the golf course. The last line of Ms. Higbee’s contract states “If the golf course is sold, leased or placed under new management, this contract will be transferred over to new ownership or management and cannot be voided.” She put that in because she doesn’t know when the course will be sold and she might be left with product.
Mayor McGee feels that Gina Higbee competes unfairly with Uintah Golf and other golf shops because they pay costs that she doesn’t pay, such as rent, utilities, etc. Asking for $150/month to pay for utilities and having City employees to staff the pro shop, etc. is still less than the 10 percent under the current arrangement, but makes it fair for the City. C. Willie pointed out that the pro shop is a perk for Gina Higbee that helps balance her pay, which is below average.
Gina Higbee stated that when the golf course first opened, the City did not want to put money into the pro shop. That is why the City allowed her to run the golf course and the pro shop. She feels that she is providing a service and should be able to keep her profits.
Gina Higbee’s objections to this contract include:
• Monthly payment - she currently gets paid every two weeks while this contract calls for monthly pay.
• This contract states she only gets access to the building during normal business hours and she often works in off hours.
• She also does not want to pay for utilities, etc. She argued that the lights are already on, the employees are there, and she expects to be treated fairly.
C. Perry suggested that Ms. Higbee work with Konrad Hildebrandt to negotiate a fair contract. The Council wants to get out of the pro shop business as soon as possible, does not want to make money off of Ms. Higbee, and wants to have as little risk as possible. The Council also respects that the pro shop is part of her compensation. The Council does not feel that they need to charge Ms. Higbee for utilities. The Council pointed out that if the course is sold and she needs to sell excess product for wholesale, it will be bought. Gina Higbee would like the last paragraph to include language that covers her in some way. The Council feels that it is not the City’s responsibility to cover Ms. Higbee in this way.
C. Fotheringham excused - 9:55 p.m.
Konrad Hildebrandt, Gina Higbee and Mayor McGee will work this out by the next Council meeting.
MOTION: C. Willie - To table this item. Seconded by C. Perry.
C. Lowder would like to end the 10 percent arrangement, where the City gets 10 percent of gross sales. There was nothing in the motion in the last meeting that terminated the 10 percent agreement. C. Perry feels that you can’t yank one item from a contract, but rather the contract should be rewritten in whole. C. Parker would prefer to do it all at once in one contract. Konrad Hildebrandt suggested changing nothing tonight, but to make the change retroactive to March 1. C. Perry pointed out that the old verbal agreement puts the City at risk because it requires the City to buy back product.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Parker - To put Item #13 above Item#12. Seconded by C. Perry.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
13. Review/Action on City Council Procedures (10:16 p.m.)
See handout. C. Perry wrote up this procedure. He tried to capture what the Council was doing to add/remove items from the agenda.
• C. Parker would like Item G to say “when any of the following items exist.”
• G-1 should state “Only one of the requesting council members wishes the item to be on the agenda”
• G-4 should read “override the Mayor’s decision to remove an item from the agenda and force . . .”
• G-4 should be its own statement and renumbered as item H.
C. Perry will clean up the language and rewrite these procedures.
MOTION: C. Perry - To table this item. Seconded by C. Lowder.
Aye-C. Lowder
C. Perry
C. Willie
Nay - C. Parker Motion passes.
C. Parker excused - 10:25 p.m.
12. Review/Action to Award Bid on 2005 Storm Drain Expansion Project (10:26 p.m.)
See handouts. Schedule A is to extend the storm drainage from Willow Court to 4000 West on Cedar Hills Drive. Schedule B improves storm drainage at the intersection of 4600 West and Harvey Boulevard. Schedule C includes the installation of storm drainage at the intersection of Sunset Drive and Dorchester Drive. Schedule D is Manila Creek Drive where two homes get flooded in severe storms.
The budget will have to be amended. The storm drain expansion budget is in the current budget, however, Schedule B, C and D are not in the current budget. Doing the project together will save the City money overall. Doing the projects separately will increase the cost 20-30 percent. The funds could be taken from Street expense money (because part of this project would include resurfacing of the streets) as well as Class B and C Road Funds. Cottonwood Drive was budgeted for this budget year at $375,000. It was budgeted with Class B and C Road Funds and Street Impact Fees. The current bid for Cottonwood Drive is less than $300,000. David Bunker proposed funding Cottonwood Drive with as much Street Impact Fee as possible and pull the Class B and C Funds from Cottonwood Drive and use them for this project.
MOTION: C. Perry - To award the contract for the 2005 Storm Drain Expansion Project to Geneva Rock Products. Seconded by C. Lowder.
Budget amendments will come to the Council on a future agenda.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
14. Review/Action on Board of Water Resources Grant - Pressurized Irrigation Bond (10:35 p.m.)
See handouts. The Utah Board of Water Resources issued the City a grant for $31,200 for the pressurized irrigation project. The intent was to bond. The City was unable to bond because it did not meet the population requirements. The Council needs to decide whether it wants to seek bond financing or stay on the current course. It might be a bad time to seek financing because of the golf course issue. The City will tell the Utah Board of Water Resources that the City intends to bond in 2006.
15. City Manager Report and Discussion (10:41 p.m.)
• The Council received information about the groundbreaking of the Assisted Living facility.
• Staff is ready for budget workshop meetings. The items will be broken up and put on the Council agendas.
• The budget for golf will go forward as planned.
• C. Perry reported that C. Fotheringham suggested hiring an intern for the Family Festival. C. Willie would prefer hiring a permanent part-time employee. This will be on the agenda for the special meeting on Tuesday, March 8.
16. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5
17. Motion to Adjourn Executive Session and Reconvene City Council Meeting
No Executive Session.
18. Review/Action on Resolution Adopting the City Manager’s Contract (10:50 p.m.)
Mayor McGee has only received responses from two Council Members. This will be addressed on March 8. Mayor McGee will contact those members who have not responded
MOTION: C. Perry - To table this item. Seconded by C. Willie.
Aye-C. Lowder
C. Perry
C. Willie Motion passes.
19. Board and Committee Reports (10:54 p.m.)
C. Willie: The North Utah County Animal Control Shelter is being built. Their biggest issue is determining how they will finance the shelter. The Parks and Trails Committee is working to re-prioritize the development of parks. Cedar Run is at the top of the list. They are looking at what parks are ready and which parks are most probable. They want to know what park land the City owns and where the boundaries and easements are located. C. Perry suggested the Park and Trails Committee consider Canyon Heights.
C. Perry: UTOPIA is progressing better than expected. The take rates are higher than expected. The biggest problem is that AT&T wants UTOPIA to pay for all the poles to be fixed. That is causing a delay.
C. Lowder: The Golf Committee is working hard. Gary Gygi will report every second Council meeting of the month. A Icebreaker Tournament is coming up.
20. This meeting was adjourned at 11:10 on a motion by C. Perry, seconded by C. Lowder and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
March 15, 2005