Tuesday, March 15, 2005 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

This meeting may be held electronically via telephone to permit one or more of the Council members to participate.

Present:           Mayor Mike McGee, Presiding

Council Members: Melissa Willie, Darin Lowder, Jim Perry, James Parker, Rob Fotheringham (7:32)

                        Konrad Hildebrandt, City Manager

                        Gretchen Gordon, Deputy City Recorder

                        Kim Holindrake, City Recorder (8:50 p.m.)

                        Brad Kearl, Chief Building Official

                        Rich Knapp, City Accountant

                        Tami Harrison, Management Analyst

                        Courtney Hammond, City Meeting Transcriber

Others: Brad Burr, Jenn Burr, John McDaniel, Dallin Baldwin, Nicholas Seppi, Garrett Flinders, Josh Bridge, Nathan Reid, Evan McDaniel, Robert Ogden, Roxie Ogden, Hugh Bartholomew, Brad Clements, Mitchell Clements, Jim Hansen, Alan Lore, Stacy Richards, Alex Boone, Andrew Richards, Tyson Maag, Corey Bryant, Curt Bryant, Jeremiah Ward, Shawn Sagers, Jake Budge, Alex Halee, Darrell Crosby, Andrew Payne, Joseph Paige, Daryn Smith, McCoy Smith, Connor Wilden, Nicholas Jensen, Luke Haggard, Kevin Adams, Steven Tebbs, Jim Wilden, Ian Taylor, Dale Ewell, Pam Ewell, George Liechty, Shawn Harley, Jeff Cope, McKenna Chapman, Joshua Chapman, Brad Baldwin, Eileen Walker, Ralph Walker, Scott Tilley, Zach Burr, Logan Leavitt, Zach Robinson, Morgan Flinders, Ken Cromar, Karissa Neely-New Utah, Patrick Wiscombe, Ross Flake, Skylar Haertel, Joseph Swenson, Gina Higbee, Wes Higbee, Christy Carson, Jackie Leavitt, Carol Jensen, Robin Orton, Dave Payne, Pete Balderee, Max Harward, Tim Pew, Taren Pew, David Lone, Howard Hansen



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 7:10 p.m.

2.         Proposed Amendments to the 2004-2005 Fiscal Year Budget


No comment.

3.         This Public Hearing was adjourned at 7:11 p.m. by Mayor McGee.



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 7:11 p.m.


Invocation given by C. Parker


Pledge of Allegiance

2.         Public Issues for Future Agendas (7:13 p.m.)


          Robert Ogden - Mr. Ogden believes that permitting the sale of alcohol in the supermarket will draw a subgroup of troublesome people and does not want those people to impose their beliefs on him. He asked the City Council to reconsider their recent vote. He would also like the City to adopt a fair hours of operation ordinance that would keep Sunday and nights quiet.

          Brad Burr - Mr. Burr is building a new home near Cedar Ridge Elementary and has met opposition from his neighbor, Mr. Ewell. Mr. Burr said that he has complied with all of the City’s code. His neighbor has complained about the size of house and told Mr. Burr that he needs to plant trees for privacy. Mr. Burr feels that he has followed all the code and any of Mr. Ewell’s concerns should be paid for by Mr. Ewell. He does not feel that he is obligated to provide the privacy his neighbor wants. These issues have resulted in a loss of productivity and delayed construction. The contractor said he feels harassed by Mr. Ewell. C. Perry explained that the role of the City is to make sure that ordinances have been followed. The City does not ensure that neighbors get along.

          John McDaniel - Mr. McDaniel is a neighbor to the Ewells. When the Burrs started construction, Mr. McDaniel felt that their house was close to his property but didn’t make any objections. He did look into whether the Burr house was in compliance. Mr. McDaniel feels that there is not a good process or clear direction in the City ordinance for irregularly-shaped cul-de-sac lots. He feels that disputes over something that is not clearly defined in the ordinance should be decided by a forum. He asked that setbacks for a cul-de-sac lot be more clearly defined.

          Dale Ewell - Mr. Ewell brought documents from Landmark Subdivision Restrictive Covenants and the City ordinance definitions. Mr. Ewell feels the City should not have allowed the construction to go forward on the Burr’s lot. The building inspector told Mr. Ewell that it was the inspector’s decision to make a call about a rear/side property line. Mr. Ewell pointed to a section of the ordinance (8.1G) that says that the building inspector does not have that right.

          Ken Cromar - Mr. Cromar expressed concern about the vote against the alcohol ordinance. A month ago, the Council spoke adamantly against alcohol sales in the community. Two weeks later, they had changed their mind. Mr. Cromar feels that the change was due to financial considerations, specifically Smith’s pulling interest in the commercial center. He said there are other interested retail stores for the area. He invited the City Council to reconsider their vote. If the Council does not reverse their decision, Mr. Cromar said he would go through the process of a Citizens Initiative Petition.


3.         Approval of the Minutes from the March 1, 2005, Public Hearing and Regular City Council Meeting and the March 8, 2005, Special City Council Meeting (7:35 p.m.)

MOTION: C. Willie - To approve the minutes from the March 1, 2005, Public Hearing and Regular City Council Meeting and the March 8, 2005, Special City Council Meeting, as amended. Seconded by C. Parker.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.

4.         Presentation/Discussion Regarding Setbacks for Lots with Five or More Sides (7:41 p.m.)


See handout. Brad Kearl reported that a lot with more than or less than four sides can be considered an irregular lot. Every lot is required to have a front and rear setback. The rest are considered side setbacks. The rear setback is considered to be the one that is nearest parallel to the front setback. This interpretation is consistent with American Fork, Provo, Orem, Pleasant Grove, Highland, Alpine, Sandy, Taylorsville, Centerville and Ogden. The only deviation from that rule is if there is a three-sided lot. Mr. Burr’s lot has a curved front property line setback. Because the front property line setback is more north-south, the property line rear setback that is oriented more north-south was chosen as the rear property line. That side, the north setback on the northwest side of the lot, is the most parallel. In the ordinance, the rear property line setback is the opposite and most distant from the front lot line.

Mayor McGee pointed out that this issue should be considered by the Board of Adjustment. C. Perry disagreed because he feels the issue is really about whether the ordinance is sufficiently clear. C. Parker feels that there is potential that the City went outside its bounds to make a ruling on this issue. He feels there needs to be codes and ordinances in place that the building official can enforce rather than interpret. C. Parker is the homeowner of one of the five lots that abuts the property in question. He is the lot that is furthest from the home being built. Mayor McGee and C. Perry both expressed their agreement with the interpretation made by the building official on determining the rear setback. C. Parker disagreed with the interpretation made by the building official regarding the rear setback.

If the Council feels that the ordinance needs to be changed, it needs to go through the Planning Commission. C. Parker would like three things addressed: (1) A formal proposal for how the Council addresses this kind of issue; (2) Tighten the language in the ordinance around irregular lots; (3) Assessment in a closed door session of any legal liability the City might have in this particular case. Brad Kearl and Konrad Hildebrandt will begin work on amending the ordinance.

5.         Review/Action on Percent of Sales for Pin High Golf (8:03 p.m.)


See handouts. This contract reflects what the Council discussed in the March 1, 2005, City Council Meeting.

          Section 2 says the contract will begin on March 1 and continue on a month-to-month basis and may be terminated at any time by either party with thirty days notice. Legal counsel suggested an ending date, so January 1, 2007 was arbitrarily chosen. Gina Higbee has subsequently requested it be changed to January 1, 2006.

          In Section 3A, the contract states that “The City shall collect and deposit into its golf course account all revenues generated by the Business, shall provide general accounting functions to Pin High on a fortnightly basis.” It has been suggested that “fortnightly” be changed to “bimonthly,” which technically means every two months. Later in the same section “less Pin High’s fortnightly obligation” should be changed to “monthly obligation.”

          C. Fotheringham feels that there should be a definition section at the beginning to define business terms in the contract.

          There was a discussion over whether Section 3A should say gross revenue rather than “net profits.” C. Fotheringham pointed out that the City wants net because the City pays credit card fees. C. Perry feels that the intent is to make this contract as simple as possible.

          The Council would like to scratch the arbitration clause.

A new contract will be written that reflects credit card fees, definitions, and deletion of the arbitration clause. The new contract will be reviewed by C. Fotheringham prior to consideration by the Council at the next meeting. Konrad Hildebrandt will provide the Council with an analysis of what a fair monthly fee would be along with what Gina Higbee will agree to. C. Perry stated that this contract negotiation will amount to a $4,000 raise for Ms. Higbee because that is approximately what she paid to the City under the prior agreement.

MOTION: C. Perry - To table Item #5 pending a draft of a contract put together by Konrad Hildebrandt, reviewed and approved by legal counsel and Councilman Rob Fotheringham. Seconded by C. Fotheringham.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.

6.         Review/Action on Amendments to the 2004-2005 Fiscal Year Budget (8:30 p.m.)


See handout.

          The first amendment is in relation to contract labor.

          The next item is to increase a contingency because the City has a bond to maintain the Monson Estates lien.

          The next three items show how the Storm Drain Project will be financed. Geneva Rock’s bid on Cottonwood Drive was $75,000 less than budgeted. That $75,000 will be transferred to the Storm Drain Project. These storm drain projects are a high priority and the City saves 30% by doing them all together.

C. Fotheringham excused - 8:35 p.m.

MOTION: C. Perry - To approve the Amended Fiscal Year 2005 Budget, as proposed. Seconded by C. Parker.


Aye-C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.

7.         Review/Action on Ordinance Regarding the Utah County EASY Program (8:36 p.m.)


Richard Nance was not able to attend to give the presentation.

MOTION: C. Perry - To continue Item #7. Seconded by C. Parker.


Aye-C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.

C. Fotheringham returns - 8:37 p.m.

8.         Review/Action on City Council Procedures (8:37 p.m.)


See handout. The Council has already considered this item and C. Perry made all the requested changes.

          Item G1 was clarified to state that items can be removed from the agenda when there are no longer at least two requesting Council members that want the item on the agenda.

          The language around overriding the Mayor’s removal of an item was also clarified. To override, two Council members must provide written notice. The Mayor cannot remove the item again unless the two overriding Council members approve.

MOTION: C. Parker - To approve the amendments to the City Council Procedures. Seconded by C. Lowder.


C. Fotheringham suggested that a standing item be on the bottom of every Council agenda where Council members can request future agenda items. C. Perry pointed out that those issues come up in the course of discussion and shouldn’t be left until the end.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.

9.         City Manager Report and Discussion (8:40 p.m.)


          Monthly Management Reports are in the Council boxes.

          Road repair on Cedar Hills Drive will be done after school is out when there is less traffic on the road. The City will make sure that the road is drivable during the construction.

10.       Board and Committee Reports (8:45 p.m.)


C. Fotheringham - Asked about whether it is possible to put police reports in the City newsletter. Sergeant Richins has met with the Chief of Police for American Fork and has acquired their policy. It includes Federal and State policies on disseminating police activity. The Council will receive Sergeant Richins’ report. There will be an agenda item so that the Council can decide whether to include this information in the newsletter. C. Fotheringham asked Konrad Hildebrandt to get feedback from legal counsel.

C. Willie - Will not be able to attend the Parks and Trails Committee meeting on Thursday. Konrad Hildebrandt will attend in her place. Violations of the nuisance ordinance should be reported to the City.

Mayor McGee - The County pulled out of Mountainland Association of Governments (MAG). Many of the mayors are upset because they were not consulted and the County decision will force the mayors to pull out as well. The County feels that they can get more funding by pulling out of MAG and felt that the County had little in common with the other counties that were a part of MAG.

C. Lowder - Would like the Planning Commission to consider a Landscaping Ordinance that includes a time limit for installing landscaping and yards.


11.       Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:00 p.m.)

MOTION: C. Perry - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Parker.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.



12.       Motion to Adjourn Executive Session and Reconvene City Council Meeting (9:52 p.m.)

MOTION: C. Lowder - To adjourn Executive Session and Reconvene City Council Meeting. Seconded by C. Perry.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                                                    C. Willie                                 Motion passes.


13.       This meeting was adjourned at 10:10 on a motion by C. Willie, seconded by C. Lowder and unanimously approved.


Approved by Council:                                                Kim E. Holindrake, City Recorder

    April 5, 2005