CITY COUNCIL MEETING
Tuesday, May 3, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: James Parker, Rob Fotheringham, Darin Lowder, Melissa Willie, Jim Perry
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Courtney Hammond, City Meeting Transcriber
David Bunker, City Engineer
Rich Knapp, City Accountant
Tami Harrison, Management Analyst
David Taylor, City Intern
Rodney Despain, City Planner
Others: Todd Hollingshead-Salt Lake Tribune, Lynn Spencer, Allison Spencer, Brooke Curtis, Steve Casazza, Jerry Hoke, Suzy Shumway, Bob Ogden, Roxy Ogden, Carlos Gurr, Karissa Neely-New Utah, Brad Creer, Russ Fotheringham, Kyle Spencer, Connie Cheney, Jim Cheney, Chris Kruger, Ken Cromar, Robert Bohn, Marilyn Borton, Guy Ferrell, Randy Goddard, Ranae Goddard, Bruce Miller, Elizabeth Nardi-Daily Herald, Russ Smart, Gloria Smart, Zonda Perry, Janene Isom
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 7:04 p.m.
Invocation given by C. Willie
Pledge of Allegiance
2. Public Issues for Future Agendas (7:05 p.m.)
Alison Spencer: Ms. Spencer thanked the Council for letting the initiatives go to a vote. She said she was concerned by past remarks that a Sunday opening would not affect those who do not shop on Sundays. She disagreed because her 16-year-old son is looking for a job and many require working on Sunday. She would like the Coalition’s initiatives maintained.
Brooke Curtis: Ms. Curtis thanked the Council for putting the initiatives on the ballot in June. She encouraged the Council to keep the language that was on the petition.
Steve Casazza: Mr. Casazza said the Coalition is not evil, hateful or bigoted. They are just people that want to see the initiative on the ballot and are following the legal method of a petition. He asked the Council to put the initiatives on the ballot in the language that has appeared on the petitions.
Brad Creer: Mr. Creer said there is a feeling of mistrust in Cedar Hills. He said that a vote using the exact language that was on the petitions is the only way to restore trust.
Guy Ferrell: Mr. Ferrell would like wording on the ballot that is easy to understand. He asked the Mayor to show respect for citizenry. He felt it was inappropriate of the Mayor to say residents who were doing their best were shameful and silly, as reported by the press. Mayor McGee stated that the press shouldn’t always be believed.
Chris Kruger: Mr. Kruger felt that the petition language was clear and concise and should stay the same. He felt that the residents support these initiatives, not for religious reasons but because they do not want their children to work on Sundays.
Suzy Shumway: There are five things that Ms. Shumway has heard from the Mayor or Council that disappoints her: (1)The Coalition is accused of being a small minority. The results of the petition drive show otherwise. (2) The Coalition is accused of being intolerant. She feels that tolerance is treating others fairly and not embracing all views. (3) That government shouldn’t legislate morality. She said that all laws involve right and wrong. (4) The Coalition has been compared to the Salem Witch Hunt. She asked, who are the hunters and who are the witches? (5) The proposed wording is unclear.
Ken Cromar: Mr. Cromar pulled out the campaign flyers from current City Council Members. He said that each flyer says the candidates supported a six-day work week. He said they won by a landslide victory because residents were deceived by the previous Council. He asked the Council to reconsider their positions on these initiatives and to keep the language on the petitions. He asked the Council to return to what they promised in the previous election.
Robert Bohn: Mr. Bohn has been involved with these kinds of debates in other communities. He feels that the community needs to be principle-based. One key principle is government by the people, for the people. Rather than pointing fingers, everyone needs to rally around the principles of clarity and honesty. He felt the proposed language for these initiatives is unclear. He would like the language on the ballot to be consistent with the intent of the petitions. It should be written at an 8th grade level.
Grant Barton: Mr. Barton stated that he finds the proposed wording very unclear and the wording of the petition crystal clear. He asked the Council to go back to the petition wording. C. Fotheringham said that the intent of the majority of the Council is to use the intent of the wording of the petition. C. Perry said the Council has not even discussed the wording and is already being accused by some that spoke tonight of trying to deceive. Those types of accusations are what leads to lack of clarity, false accusations and misinformation.
Jeanine Isom: Ms. Isom stated that every person has a belief system that contributes to their decisions. Religious belief is not the issue. The issue is one of a representative government. She would like clear, simple wording on the ballot.
MOTION: C. Fotheringham - To move Item #10 to right now. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
10. Review/Action on Special Election 2005 (7:35 p.m.)
See handouts.
MOTION: C. Fotheringham - To not put these items, as written, on the ballot, but use the language from the Citizen Initiative Petition. No second. Motion dies.
An amendment is unlikely. C. Lowder would like to investigate whether there are other options that should be put on the ballot.
MOTION: C. Perry - To put the exact language from the petitions for both the alcohol and the hours of operation issues on the ballot for the Special Election in June. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
3.Approval of Minutes from the April 19, 2005, Public Hearing and Regular City Council Meeting (7:56 p.m.)
MOTION: C. Lowder - To approve the minutes from the April 19, 2005, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie
Abstain- C. Fotheringham Motion passes.
4. Review/Action on Resolution to Assign a Street Name to 4680 West (7:59 p.m.)
See handouts. This is a request to change the name of a street that only has a street number. C. Perry read the state statute to mean that a public hearing is required for a street name change. Rodney Despain stated that the statute doesn’t specifically state street name change. The difference is that there is a number attached to the street, and the number is not going to be changed. The name would be an addition. The residents circulated a petition with five proposed names and the two favored names are Deer Run and Apple Orchard Drive. There are 21 residents on the street and three didn’t sign the petition either because they didn’t care or opposed the name change. The state requires that there be a good reason to change the name. Rodney Despain stated that there is no standard to define “good reason.” C. Perry suggested having a public hearing to find out why people are opposed. Rodney Despain stated that there has to be a finding made that there is good cause for the change and that it will not be detrimental to the public interest. A public hearing would help the Council make that finding. The Council favors the name Apple Orchard Drive. C. Perry would like residents to see any issues that might come with a name change. One potential problem is emergency services getting lost.
MOTION: C. Perry - To have a Public Hearing prior to the Council meeting on this issue to discuss the change of 4680 West to Apple Orchard Drive. Seconded by C. Parker.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
5. Review/Action on Final Plat for The Cedars, Plat I (8:13 p.m.)
See handouts. The City Council was hesitant to approve any plats in this development as long as common areas in other parts of the subdivision were left un-maintained. Kyle Spencer, of Northern Engineering representing the developer, spoke about the landscaping. Some specific areas of landscaping have been addressed. The developer has also met with the HOA to address concerns. The last letters from the homeowners have been very positive. C. Perry feels that given the absence of complaints from residents, it would be difficult to hold up approval.
MOTION: C. Willie - To approve Ordinance 5-3-2005A, An Ordinance Approving the Final Plat for The Cedars Plat I, subject to: 1) Final engineering, 2) Bonding, 3) Correcting the references to Cesar, making it Cedar and 4) Preparing a quit claim deed for Lot 12 to straighten the north property line. Seconded by C. Lowder.
Rodney Despain recommended that bonding specify all uncompleted common area improvements throughout the overall project.
AMEND MOTION: C. Willie - 2) The bonding shall include sufficient funds for uncompleted common improvements throughout all phases of The Cedars project, if any. Seconded by C. Lowder. Roll Call Vote Taken.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review of Preliminary Budget for Fiscal Year 2005-2006 (8:29 p.m.)
See handouts. State law requires that the City Council review a preliminary budget by the first meeting in May. It has been presented in pieces; the only remaining piece, which isn’t directly tied to the budget is the fee schedule, which will be presented on May 17. The hope is to have the final budget approved on June 7, 2005.
• C. Fotheringham would like Operating Revenue versus Growth Revenue discussed.
• In the General Fund Revenues, the only change from the previous version was Contribution from Reserves because no impact fees are being used that are in the General Fund.
• In the General Fund Expenditures, Legal Services increased from $34,200 to $50,000. General Liability Insurance Coverage was increased from $2 million to $5 million. Contingencies were increased by $6,000.
• There is a new budget item for the City Code at $2,500 to host on the web and codifying new ordinances. Document Imaging will convert documents to digital form and $1,000 was budgeted.
• Election expenses have increased from $6,000 to $12,000.
• Fire services are $132,000. The previous budget did not include administrative costs.
• Police services added a speed trailer.
• Community Services salary and wages cover a part-time, six-month, $12/hour employee to do the Family Festival. C. Fotheringham would like to put that in the Family Festival line item. C. Willie wanted to know the revenue from recreation programs. YTD revenues were about $15,000 while YTD expenditures are $5,000. C. Willie felt that if the programs are self-funding, then it is worth providing those recreational programs. C. Lowder suggested looking at the Decisions process to decide whether it was worth providing. C. Perry said he would not have a problem with the City coordinating self-funding programs. C. Fotheringham felt that government administers inefficiently and questioned where the line is drawn about the types of recreational activities offered. C. Willie felt that there is a better level of accountability when there is one person in charge who is paid. C.Willie and C. Perry would like to see an analysis of what recreational services cost.
• In the past, the Council has budgeted 20% of households for library reimbursements.
• The Motor Pool Expenditures budget proposes buying a bobtail instead of contracting out. C. Fotheringham would like to see a financial analysis and service level for this proposed change. Staff will do this analysis.
The Mayor announced that the City formed a relief fund for those individuals immediately affected by the landslide. They are still looking for vinyl fencing and landscaping. People may contribute in any fashion they see fit.
7. Review/Action on Funding for Well Project (9:14 p.m.)
See handouts. The new well is projected to cost $1.2 million. Any bonding needs to be voted on by the residents. It is a good idea to make the well project a General Obligation Bond. Property taxes would secure the bond but the City would not be using property taxes to pay the bond. There will be an incremental cost in water fees to residents for this well. One option is to bond for the well project and combine it with a public works facility. The Council does not want to bond for those together. The public works facility would benefit the City by increasing the life of City vehicles along with adding storage for repairs, making it possible for the City to respond promptly. The need for a public works facility has nothing to do with the golf course.
C. Fotheringham would like to see the well project on the June ballot. Konrad Hildebrandt said that the more information you put on the ballot, the more difficult it is for residents to process the information. Also, the City doesn’t need the money now. C. Fotheringham would like to see the time line for the well project. David Bunker said that if the well project can be accelerated, it would be nice to have the money. Also, if it passes on the November ballot, the money is needed immediately.
The Counsel passed a resolution on the ballot language for the golf course General Obligation Bond to leave the option to include it on the ballot. There was some miscommunication because the Bond Council sent the sample ballot to the printers. Kim Holindrake was able to stop it at the printers. The details on the terms of the bond need to be included in the ballot and voter information packet.
C. Fotheringham excused - 9:25 p.m.
MOTION: C. Perry - To put the issue of a General Obligation Bond for the construction of a well on the June ballot. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Resolution Regarding the Deposit of City Funds (9:35 p.m.)
See handouts.
C. Fotheringham returns - 9:37 p.m.
C. Lowder excused - 9:37 p.m.
The City has already deposited money elsewhere, which makes some feel that the City should have better controls. This resolution is required by Utah Local Governments Trust and is a requirement for the City to maintain position bonds.
MOTION: C. Willie - To adopt Resolution 5-3-2005A, A Corporate Resolution Designating Wells Fargo as a Depository for the City. Seconded by C. Perry.
Aye-C. Fotheringham
C. Parker
C. Perry
C. Willie Motion passes.
9. Review/Action on Resolution Adopting the Municipal Wastewater Planning Program (9:45 p.m.)
See handouts.
C. Lowder returns - 9:45 p.m.
The Utah Wastewater Project Priority List System allows the City to apply for funds under the Wastewater Grant and Loan Program. The results of the evaluation are also used to focus the State’s technical assistance program.
MOTION: C. Fotheringham - To approve Resolution 5-3-2005B, A Resolution Approving the Municipal Wastewater Planning Program. Seconded by C. Willie. Roll Call Vote Taken.
David Bunker stated that user fees should be evaluated and compared to what the City pays to Timpanogos Special Service District.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
11. City Manager Report and Discussion (9:52 p.m.)
The Monthly Management Report will be distributed shortly.
12. Board and Committee Reports (9:53 p.m.)
C. Parker - The Planning Commission met last week and talked about the landscaping ordinance. Eric Richardson took the assignment of working on that. Rodney Despain will look at the issue with irregular lots. They also considered the issue at Canyon Heights, Lot 39. All homeowners are in agreement of amending the plat. They have scheduled a Planning Commission Work Session to work on the sign ordinance. C. Parker requested a post disaster analysis.
C. Perry - There is no UTOPIA update. He has talked to the developer of Falcon Ridge. He is working with Frances Ashland, Utah Geological Survey, to concur with the idea of getting equipment tomorrow to drill cores to determine what has moved and how to deconstruct the slide and steps to take in the future. There is no obvious structural damage but no structural engineer has looked at it yet. The geotechnical engineers told him that the process of doing the analysis was 3-4 weeks plus 3-4 weeks to implement the improvements.
C. Willie - Animal Control is finalizing the lease agreements with the county. They are also considering licensing fees.
13. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (10:06 p.m.)
MOTION: C. Lowder - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
*** EXECUTIVE SESSION ***
14. Motion to Adjourn Executive Session and Reconvene City Council Meeting (11:05 p.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.
Konrad Hildebrandt was asked to create a prioritized list of budget items list of desired projects for the budget and prioritize them, show what is in the budget and show what would require a tax increase.
15. This meeting was adjourned at 11:07 p.m. on a motion by C. Willie, seconded by C. Lowder and unanimously approved.
/s/ Kim E. Holindrake
Approved by Council: Kim E. Holindrake, City Recorder
May 17, 2005