PUBLIC HEARING AND CITY COUNCIL MEETING
Tuesday, May 17, 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: Melissa Willie, Jim Perry, Darin Lowder, James Parker, Rob Fotheringham (8:40 p.m.)
Konrad Hildebrandt, City Manager
Kim Holindrake, City Recorder
Courtney Hammond, City Meeting Transcriber
David Bunker, City Engineer
Others: Rus Smart, Gloria Smart, Charelle Bowman, Andrew Bowman, Jon Woozley, Kaye Kellum, John Musto, Teri Wiles, Cliff Chandler, Randy Gehring, Steve Dimond, Eric Richardson, Zonda Perry, Dave Kirkpatrick, Brook Richardson, Gina Fratto, Carol Volden, Wayne Wiles, Sharon Haddock-Deseret News, Marin Decker-Deseret News, Tom Gleason, Karissa Neely-New Utah, Heather Laughter, Gary Duncan, Layne Dubois, Chris Laughter, Becky Richards, Jim Chenney, Connie Chenney, Dave Jackman, Brent Uibel, Don Griffis, Chris Tillack, Lisa Tillack, Brent Keil, Troy Zirker, Jenae Zirker, Mitch Richardson, Robin Edwards, Steve Spear, Lori Spear, Jennifer Fisher, Marc Edminister, Allison Tovey, Melissa Wetsel, Eddy Scott, Van Comin, Wendy Comin, Natalie Scott, Holly Kammer, Robert Wetsel, Mark Nelson, Ken Yates, Lana Nelson, Stephanie Martinez
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 7:08 p.m.
2. Street Naming of 4680 West (7:08 p.m.)
Steve Spear - Thank you. I’m here to talk about the name change proposal. When we wanted-as a neighborhood, when we got together and talked about this, we did go out and go down the street. We got all signatures except for three on the street. I just want to explain those three. One of them has a valid concern about ambulances and such, if we were to change the name. Meaning that it would be easier with cross roads with numbers for them to be able to find an address than it would be if it were a name. Although I think that to address that with the signs it is the name change—the name as well as the number. All the residents would not have to change their number address. And they can use the number address if they would rather use that. The other two. One was renting and so she felt that it just wasn’t up to her to sign it. The third one thought that it was frivolous and that we could do better things than to worry about a name change on the street. I will say this though, I think the reason we would like to have the name—and I know the name is Apple Orchard Drive—is at least it captures some of our history because before you know it—I mean we have a dead orchard right behind our house. But before you know it, that is all going to be gone away. At least it will preserve some of that and I know you have a few names in the neighborhood that help preserve that. That’s it.
3. This Public Hearing was adjourned at 7:10 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 7:10 p.m.
Invocation given by C. Lowder
Pledge of Allegiance
2. Public Issues for Future Agendas (7:12 p.m.)
• Mitch Richardson: Mr. Richardson has 10 years experience selling and marketing real estate. He is against the initiatives to ban beer and prohibit sales on certain days of the week. He feels those initiatives will make non-Mormons feel unwelcome and will not make the City safer. He said he finds it interesting that those who have initiated the initiatives on legislating morality also advocated defaulting on a loan.
• Steve Dimond: Mr. Dimond said that it appears the Council is only hearing from one side of the initiative issue. He said it is important to cultivate tolerance and appreciation for diversity and to love others. He said it is time for the City to become unified by acknowledging diversity. If the City is a light on a hill, then we should let our light shine by individual actions. He would like tax dollars to stay in Cedar Hills. He encouraged residents to vote no on the initiatives.
• Jim Cheney: Mr. Cheney does not belong to either the Coalition or the Concerned Citizens of Cedar Hills. He was disappointed by the false statements and opinions on the flyer of the Concerned Citizens of Cedar Hills. He felt their flyer advocates things that are contrary to community standards. He said a yes vote would not hurt commercial development in the community and that communities all over the U.S. restrict alcohol sales and Sunday sales.
• Tara Lynn Wiles: Ms. Wiles feared that outlawing alcohol and mandating Sunday closures would alienate non-Mormon neighbors and would give the appearance of unfriendliness. She would rather let our actions mandate the market. She was also concerned that these issues will chase away businesses. Without an anchor, the City cannot get other services or smaller stores. With both parents working, it is difficult to drive children to get things they need at the store. She would rather have teenagers hang out here in the City. She would rather have her children work here and walk to work. With no stores in the neighborhood, she said she cannot retire here because there are no stores within walking distance. She also said that retirees on a fixed income may not be able to afford rising property taxes.
C. Perry excused - 7:20 p.m.
• Cliff Chandler: Mr. Chandler said the City needs to take a different approach than what it is currently doing. He felt that the City’s actions are driving away business. He sees no need for the two initiatives. He felt that when government legislates moral issues, it gets into trouble. He would like to see the issues drop by voting no and then would like the City to get good marketing strategies to get commercial in the City so that property taxes don’t need to be raised.
• John Musto: Mr. Musto said that he is concerned because the Coalition says it speaks for him and others on these issues. It does not. He said that this is an economic issue for him, not a religious one. The Concerned Citizens of Cedar Hills speaks for him. He said that their approach is balanced on how to handle theses things. He said the Coalition approach can only lead to an economic death spiral in the City.
• Layne Dubois: Two of Mr. Dubois’ neighbors were cited for weed abatement while a hill that Geneva Rock owns is a mess of weeds. On another topic, he also disagrees with the Coalition. The Concerned Citizens of Cedar Hills speaks for him. He is an advertising account executive for the Daily Herald in the North County area and said those areas are happy to take tax dollars from the City. Mr. Dubois would like to keep tax dollars here.
• Kaye Kellum: Ms. Kellum grew up in small community with a diverse population. A large industry came and the city did not want them because they thought it would bring in crime. Some longtime residents made the decision for the rest of the community. As a result, taxes went up from $3,000 to $8,000. She felt that government cannot legislate morality and instead should do what is right for the community. If Cedar Hills grows, it needs to allow commercial development.
• Eddie Scott: From 1991-1993, Mr. Scott was the Planning Commission chairman for Highland City during the time that they drafted the commercial guidelines. He later served as Mayor of Highland when it developed the commercial district. When Highland put together the commercial zoning ordinance, it was controversial. Many people thought a commercial district would create crime. The City was careful about putting together a professional commercial zone. He looked at ordinances from Rancho Mirage, CA, Park City and Scottsdale, AZ and felt the ordinance was perfect for Highland. Now he feels that Highland made a mistake by passing ordinances prohibiting the sale of beer and Sunday opening sales. Their vision for the development did not come. They wanted a grade-A supermarket and a sit-down restaurant. Half of the businesses that are currently in the commercial district are prohibited. Highland was unable to attract the businesses they wanted because of those two issues. As a practical matter, Mr. Scott feels that because Cedar Hills’ commercial district is not an ideal location, it needs a better commercial district than Highland’s.
• Russell Smart: Mr. Smart’s family owns the commercial ground. Twenty years ago, the land was owned by someone from Libya. His father worked hard to bring that piece of land back to Cedar Hills. He had a vision for that piece of property. He worked to get a road through the area and a sign that said Cedar Hills and always looked for the best use of his land. He wanted to keep the community strong and wanted a commercial district to keep the City strong and vibrant.
• Brent Keil: Mr. Keil is opposed to the initiatives. He would vote against it just based on the tactics of those that worked to put it on the ballot. He said property rights have been trampled on. He is interested in convenience and tax dollars spent in the City.
• Heather Laughter: Ms. Laughter is a licensed real estate broker. She started in Cedar Hills in 1996. Many homeowners that she has sold to came from other states where they had grocery stores in their back yards that sold alcohol and were open on Sunday and they were able to keep true to their beliefs. She is now hearing feedback that Cedar Hills is narrow minded and unfriendly. Some people want to move away. She feels the initiatives will chase away businesses. Orange County, one of the most affluent counties in CA went bankrupt. She feels this is a possibility for Cedar Hills.
• Charelle Bowman: Ms. Bowman stated that everyone knew the commercial zone existed. Some even moved here because of it. She said that people don’t want to move to a city that only offers its residents a higher tax rate. There is no threat to community values if some choose to buy alcohol and shop on Sunday. It should not be an issue of who has good or bad values. It should be an issue of what is best for the community. We cannot keep running off good businesses. They do not need us; we need them.
• Becky Richards: Ms. Richards stated that the City needs to be run like a business. In a few years, the City will not have growth revenue and there will be a lack of income. She does not want taxes raised. She would like a grocery store and a competitive gas station and fast food chain.
• Zonda Perry: Ms. Perry thanked the Council for giving residents the right to vote and keeping the language from the petition. She has heard that the Coalition was speaking for the vast majority and is looking forward to the opportunity to find out what the majority really has to say. Draper had a petition drive in 1999 to ban beer and alcohol licenses. It was forced through a petition to a vote in November 1999. It was voted down 60% to 30%. They are now being rewarded with an LDS temple.
• Jennifer Fisher: Ms. Fisher grew up in Milwaukee where taxes were between $8,000 and $10,000 because there were no grocery stores, gas stations, etc. She feels that the standards in Utah are ridiculous. Other religious communities do not push their values on others. Her parents left Utah because they drank and smoked. It took them 18 years to come back to the church as a result of how they felt. She wants a library and youth programs. She asked residents to open their minds.
• Jon Woozley: Mr. Woozley participated in the organization of the Concerned Citizens of Cedar Hills. He receives comments from three groups of people. (1) Those that are extremely supportive (2) Those that aren’t sure of their stance and (3) People that are not from the predominant faith. He finds the third group most concerning. One resident wrote said he is starting to feel more and more uncomfortable in his own house. Mr. Woozley asked residents to consider what we are telling our neighbors. Some are just having a knee jerk reaction.
• Eric Richardson: Mr. Richardson stated that as a member of Planning Commission, he has dealt with this issue for a long time. It is not just about money, though money is a real issue. Right now residents are double taxed through sales tax and recreation to other cities. Morality is basis for many laws. Gordon B. Hinckley asked LDS church members to be a little more friendly to those not of our faith. Mr. Richardson said that intrusion into private lives should not be allowed. Ezra Taft Benson said that people can only give the rights to government that they themselves have. Asking business to be closed on Sunday when it is not for life, liberty and the pursuit of happiness is wrong. It might be legal to force businesses to close on Sunday, though it cannot be for religious purposes. Mark Hampton of Rimrock has told Mr. Richardson that Rimrock has not been approached by anyone to be an anchor of the site. Until these initiatives are put to rest, they cannot get an anchor. It is wrong to say that if we wait, it will happen. There is no basis for that statement.
• David Kirkpatrick: Mr. Kirkpatrick managed a 110-acre property owned by the LDS Church and was given charge to develop a master plan so that it could be used for church youth programs. He was told that the property could be used as proposed with a conditional use permit. He was later told to stop development. Because the LDS Church was not the predominant religion, they had to work hard to prove that the land would be put to good use. It didn’t feel good. It doesn’t feel good now to use the predominant religion to restrict place, time and manner. In other communities stores close on Sunday though they are allowed to be open. The marketplace should be the determining factor. Mr. Kirkpatrick encouraged residents to vote no on the initiatives.
• Mark Nelsen: At first glance Mr. Nelson thought the initiatives sounded good because they struck a chord with personal religious beliefs. He now feels that the initiatives are flawed and can do more harm than good.
• Brent Uibel: Mr. Uibel said he is saddened by the efforts of C. Fotheringham and C. Parker because he feels that they have the responsibility to be open minded. The Coalition does not speak for him. He concurred with the comments already made. He asked whether Coalition members might want to pull children from high schools because of drug problems, or promote issuing temporary restraining orders at the entrance to the City to check for DUIs. He is glad the community is smart enough to think things through.
• Kirsten Spencer: Ms. Spencer supports what had already been said. She would like to see the growth of the commercial zone for a tax base. The City needs tax dollars to provide facilities for children. She does not want property taxes to be raised. She grew up in a small city surrounded by grocery stores and liquor stores, but did not buy alcohol.
• Carl Volden: Mr. Volden said he appreciates the right he has to teach his children values. He is grateful to live in community where we are able to express ourselves and live our lives as we choose. He appreciates diversity. He said he is upset by the Coalition’s presupposition that his wife and he are not able to teach their children and that it has the right to force its values on him. He asked the Coalition to do work in their own homes
• Gary Duncan: Mr. Duncan said that there are strong opinions on both sides of the issue. He thanked the Council for voting to put the issues on the ballot. That was the goal of the Coalition. These issues will shape Cedar Hills for years to come and citizens should decide. There are a large number of people supporting the initiatives. He found that 80% of the people that signed the petition did so to support the initiatives. He asked everyone to respect the opinions of others. He asked that discussions not digress to personal attacks or misrepresentations. The Coalition believes there are valid reasons to support the initiatives. Mr. Duncan said the Coalition will accept whatever the residents decide in the June election.
3. Approval of the Minutes from the May 3, 2005, Regular City Council Meeting (8:17 p.m.)
MOTION: C. Willie - To approve the minutes from the May 3, 2005, Regular City Council Meeting, as amended. Seconded by C. Parker.
Aye-C. Lowder
C. Parker
C. Willie Motion passes.
4. Review/Action on Street Naming of 4680 West (8:22 p.m.)
See handouts. Kim Holindrake mailed public hearing notices to everyone on the street. The petition was missing one resident that lives out of state who owns a rental that is currently vacant. There have been no phone calls or written responses to the notice. This ordinance addresses the issues from the previous meeting, which included: 1) That neither the public nor any individual will be injured by this action, 2) Establishes the new designation and 3) Directs staff to notify the utility and emergency services agencies. Staff recommends approval of the ordinance.
MOTION: C. Parker - To approve Ordinance 5-17-2005A, An Ordinance Adding the Name Apple Orchard Drive to the Street Known as 4680 West Located in the Apple Blossom Subdivision within the City of Cedar Hills, Utah, subject to the residents prepaying for the cost of signs and installation. Seconded by C. Lowder.
Aye-C. Lowder
C. Parker
C. Willie Motion passes.
5. Review Budget for Fiscal Year 2005-2006 (8:26 p.m.)
C. Perry returns - 8:35 p.m.
See handouts. This is the last meeting before staff would like the budget to be approved. Questions and concerns should be sent to staff before the next meeting.
Kim Holindrake stated that in the past, any new fees are adopted with a descriptive resolution and then the fee becomes part of the fee schedule. Discussion of proposed changes to the fee schedule. The Council’s consensus is to have descriptive language.
• Water Meter Installation - The City currently charges $324 and wants to raise it to $375. The cost of the meter is $300.
• Building Permits - There are new proposed fees for building permits, which include a water lateral inspection, a sewer lateral inspection and a gas line inspection at $35 each, which is consistent with other cities. C. Parker would like more background for these charges and see a justification of the charges. Rich Knapp stated that every other city contacted had these fees separate from the other building permit fees. Staff will put together a list of the fees that are charged by other cities. There is a $100 fee for building without a permit, followed by a 2-week grace period, after which $100/day is charged. The same fines apply for staging in the street.
• Pressurized Irrigation - Rich Knapp stated that pressurized irrigation (PI) is now available to everyone, so there is no flat rate. C. Perry knows of a few situations where there is not pressurized irrigation available. Rich Knapp stated that David Bunker addresses each of the residents who do not have PI. The proposed increase in storm drain is from $2.65 to $3.25. This increase makes us comparable to other cities. It would also help pay for the storm drain project. C. Perry requested an analysis of ongoing costs of storm drain.
• ACH NSF - A $15 fee is proposed in the ACH NSF for cases where there are insufficient funds in the bank account for automatic withdrawal.
• No-Fault Meter Reread - This fee is for disputes on meters. If the City has to go out and reread it, there is a proposed $25 fee. The reread fee is not charged for a leak.
• Shut Off Second Notice - A $10 fee is proposed for shut off second notice.
• 0-3 Day No Account Water Turn On/Off - People want to have the water turned on for short periods of time. A $25 fee is proposed.
• PI Hookup - The PI hookup fee is a proposed $15/hour. That charge is if the City digs the hole after the resident made a good faith effort in trying to find the PI.
• Copy of Annual City Budget - The $25 fee for the final budget is for a bound copy. Scouts can come in and get a condensed spread sheet for free. It is also available on-line. C. Fotheringham would like to also have a bare bones budget available.
• One-Time Growth Analysis - It is driven by the numbers of new households. The numbers highlighted in green are one-time growth revenue. The column of % growth revenue will go away after build out. By 2012, the % of growth revenue as a percent of total revenues will decease to 0%. The expenditures spreadsheet will be e-mailed to the Council. Average growth in non-growth expenditures over the past five years is 13.36%. Of the growth revenue minus growth expenditures, the City would use $35,451. By the year 2009, the City would be in the hole and would not have growth revenue to cover deficit spending. C. Perry would like to see more analysis of why there is a projected jump in non-growth operating expenses. C. Fotheringham would like Konrad Hildebrandt to send a prioritized budget. Konrad Hildebrandt felt that it is not his position to prioritize since it is the Council’s role to decide the long-term direction of the City. The budget is an outcome of prioritization. C. Perry pointed out that it isn’t entire line items that will be cut, it is small percentages of many items. Konrad Hildebrandt will prepare a prioritization for next Tuesday’s meeting. Tuesday’s meeting will be at 7:00 for an Executive Session followed by a discussion of the budget.
6. Review/Action on Library Reimbursement (9:48 p.m.)
See handouts. The budget for library reimbursement is depleted and there is money available in the Community Services Department for additional reimbursements. Allowing additional reimbursements will give the Council and staff a clearer picture of how many families use this service and how to budget for this item. C. Lowder would rather finish the year by allowing additional reimbursements. The Decisions survey ranked library services high on the list. C. Perry said that he feels that the Council owes the residents an honest assessment of the financial situation with an explanation on the library services being cut. If it is important to them, they will respond. C. Parker, C. Fotheringham and the Mayor prefer to cut the library reimbursements.
MOTION: C. Parke r -To not provide additional funds for library reimbursements for the 2004-2005 Fiscal Year and to notify the residents that the budget has been depleted. Seconded by C. Fotheringham.
C. Fotheringham would prefer to announce that the budget for this year has been depleted and that it won’t be continued next year.
AMEND MOTION: C. Parker - Also notify the residents that the Council does not intend to continue the library reimbursement program next year. Seconded by C. Fotheringham.
C. Lowder pointed out that library service was one area for which residents said they were willing to pay higher taxes. C. Perry said that if there is a proposed tax increase for library, residents can vote for it. For now, residents need to know that the City has limited income and can only provide so many services.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
Nay - C. Willie Motion passes.
7. Review/Action on Special Election 2005 (10:02 p.m.)
See handouts. There has been question about the ballot language in the resolution. Lewis, Young, Robertson, & Burningham advises local government agencies and was invited to offer perspectives and ideas to assist the City in complying with legal statutory requirements for the General Obligation Bond Special Election. Mark Edminster, Lewis, Young, Robertson & Burningham, was invited by Eric Johnson to assist the City. The current advisor was Zions Bank and it was decided that the City should step away from Zions. Lewis Young is volunteering their services with the hope that if the bond passes, the City would use Lewis Young as their financial advisors. If the City were compensating Lewis Young, they cannot take an aggressive advocacy role, they would have to take a neutral role. If the election goes well, interest rates could be locked and bonds could be sold around the beginning of August. Municipalities have defaulted on loans in the past but they have been rectified through restructuring or other means. The ballot language reflects parameters. Mr. Edminster ran some scenarios of what certain bonds would cost residents in property taxes. Ballot language cannot be specific enough to list interest rates because the market does fluctuate.
Mark Edminster put together an outline of some public relations projects that can be done between now and the election. The City gets two opportunities to distribute unbiased information about the election. This information should be sent out alone. On Saturday, a packet will go out with information on registering to vote, a call for judges, etc. The City cannot send any forms to advocate. Cities are given two opportunities to officially inform. One is a voter information pamphlet and the other is a special notice informing people that the election is happening. Some communities combine them into one. Other cities do it twice to increase the public relation opportunities. If you announce it a third time, it might be construed as advocacy, although the cities can still send press releases to the paper. The special election flyer will be pulled from the voter outreach packet that goes out on Saturday.
8. City Manager Report and Discussion (10:55 p.m.)
• Management reports went out last week. C. Parker expressed concern that there was confidential legal information in the management report. Anything confidential should be in a separate envelope.
• Jodi Gray, who was working on the festival, resigned because her son died of cancer.
• Gary Duncan is in charge of the “pro” comments for the voter information pamphlet. It is possible to have a voter information without any biased opinions. However, the Council would like pro and con opinions.
• Mayor McGee asked that “Review/Action on the Interlocal Agreement for COG” be on the next agenda.
• C. Parker asked for an update on the well project and a post disaster analysis.
• There was not enough time to pass a resolution to put the well project on the June election.
9. Board and Committee Reports (11:05 p.m.)
C. Lowder - The Golf Course Advisory Committee will meet Wednesday afternoon. The committee’s role in operating the course needs to be discussed now that RC Management is managing the course. RC Management gets to make the calls, but the Council feels that commitments made for trade round should be honored. Cecil Reid, RC Management, will come in once a month to give the Council an update.
C. Willie - She received a copy of the lease agreement for the animal control shelter. Copies are available for review to anyone that wants it. She would like to meet with the person working on the Family Festival. Past volunteers do not want to be involved this year. She requested that a follow-up be done on the nuisance house on Oak Court. An announcement went out in the newsletter about corner lots and trees. The same people have not put in their trees.
10. Motion To go into Executive Session, Pursuant to Utah State Code 52-4-5 (11:10 p.m.)
MOTION: C. Fotheringham - 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.
* * * EXECUTIVE SESSION * * *
11. Motion to Adjourn Executive Session and Reconvene City Council Meeting (12:07 p.m.)
MOTION: C. Lowder - To adjourn Executive Session and reconvene City Council Meeting. Seconded by C. Fotheringham.
Aye - C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
12. This meeting was adjourned at 12:07 a.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
June 7, 2005