Tuesday, June 21, 2005 7:30 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

                        Konrad Hildebrandt, City Manager

                        David Bunker, City Engineer

Courtney Hammond, City Meeting Transcriber

Others: Karissa Neely, David Lone, Charelle Bowman, Gloria Smart, Russell Smart, Eric Richardson, Mark Nelson, Zonda Perry, Brent Uibel, Audrey McGee, Shirlene Jensen, Caleb Warnock, Jack Dunn, Darrin Simons, Tom Gleason, Brent Keil, Duane Richards, Becky Richards, Michael Stuy, Rick Meinzer, Eric Johnson (8:30 p.m.)


1.         This meeting of the City Council of the City of Cedar Hills, Utah, having been posted throughout the City and the press notified, was called to order by Mayor McGee at 7:44 p.m.

            Invocation given by C. Lowder

            Pledge of Allegiance

2.         Public Issues for Further Agendas (7:45 p.m.)


Shirlene Jensen: Ms. Jensen said she was frustrated that the two Council members she came to

address were not present and asked the Council members present to pass along her frustration. The flyer that C. Fotheringham and C. Parker wrote included financial information projecting future deficits. Ms. Jensen said that C. Fotheringham and C. Parker should be prepared to back up the financial information they provided. She said that the golf course should have been included since the City currently owns it. C. Perry said that the Council asked City staff to do an analysis of how much growth money is coming in and how much of it is spent on day-to-day operations. C. Parker and C. Fotheringham might have used those numbers in the flyer. C. Perry encouraged the resident to contact C. Fotheringham and C. Parker directly regarding their flyer. He also pointed out that while the flyer projected four years into the future, the projections the City staff provided projected eight years and the deficit got increasingly worse. The numbers in the flyer also did not include the well and Public Works facility.

Darin Simons: Mr. Simons said the flyer sent out by C. Parker and C. Fotheringham was probably legally accurate, though it did not include the whole picture because it left out the golf course and well. He said the golf course should be included, even though the Council intended to sell it and likened the situation to someone selling his house. Even if someone wants to sell his house, he should continue to make payments until it is sold. Mr. Simons asked what the extra cost per resident per month would be if it included the golf course. Those projected fees were included in a packet that was handed out at the town meeting. The fee to cover the golf course would be just less than $20/month/household and does not include the well, Public Works facility or expanded Community Services items. Mr. Simons asked how much of a reserve is built in per resident on a monthly basis. Annually, the City balances the budget and has a reserve of 18 percent of the budget. Konrad Hildebrandt emphasized that Cedar Hills is not running a deficit. The budget is balanced that uses no growth revenue for day-to-day expenses. C. Perry said that the irony is that citizens passed a resolution to cap taxes, yet polls show that the majority of residents would favor increasing taxes for Community Services.

Zonda Perry: Ms. Perry read from the City Council minutes from February 15, 2005 and March 1, 2005. Richard Nance, Director of the Utah County Division of Substance Abuse, was present and addressed the Council at both of those meetings. On February 15, he gave a presentation about substance abuse in Utah County. He said that Utah has the lowest incidence of substance abuse in every category, and that substance abuse has more to do with community values and parenting than whether a county is wet or dry. That night the ordinance prohibiting alcohol was tabled because it was not acceptable. Two weeks later, a revised ordinance was reviewed again. Richard Nance gave his opinion that it is unlikely that those that will drink in American Fork Canyon will buy their alcohol at a Cedar Hills store. The biggest public safety risk is for those that drink at a bar and then drive home. In his professional opinion, the ordinance would make no difference to public safety. In that March 1, 2005, meeting the Council denied the ordinance. On June 18, the Concerned Citizens of Cedar Hills held a meeting in Heritage Park to inform citizens of the issues. Richard Nance was invited to speak and presented the same information he gave to the City Council. The research and statistics he presented have been used by both the Concerned Citizens of Cedar Hills and the Coalition to Preserve Cedar Hills. Since that time his objectiveness has since been questioned and he has been threatened. Ms. Perry wanted to state for the record that Richard Nance did not advocate either way, and she appreciated his information. C. Perry said that he appreciates Richard Nance and what he has done for the City. Richards Nance is a resident of Cedar Hills and has a right to present his opinion but has not publicly done so.

Tom Gleason: Mr. Gleason sang a song opposing the initiatives set to the tune of Johnny Be Good.

Charelle Bowman: Ms. Bowman listed many stores, restaurants and gas stations in Utah County that are open on Sunday and sell alcohol that she frequents. She said that she believes it is hypocritical to say those establishments are unwelcome in Cedar Hills but frequent them outside the City. She said that when the Coalition says they are speaking for the majority, she hopes they are referring to majority of hypocrites in Cedar Hills. She asked the Coalition to stop comparing Cedar Hills to Highland because Cedar Hills is not like Highland. Highland has a lot of open land and Cedar Hills has little. Ms. Bowman wanted to address C. Parker and C. Fotheringham about their flyer that projected the City’s financials. She wanted to know what would happen after the four years they projected? She felt that members of the Council should be better informed on the financials and not present misleading information. C. Perry said that taxes are projected to increase. There is no way around it. Taxes will go up or services will be slashed.

Brent Keil: Mr. Keil said it is ironic that there are signs that say “Yes to Preserve Cedar Hills.” He understands that if we don’t develop a better tax base, the City will get to a point where there are not adequate funds to provide services. He asked, what is it we would be preserving?

Mark Nelson: Mr. Nelson said that for the best interest of the City, vote no on the initiatives. He said that he does not believe that the commercial zone will be the only thing to save us. The City also needs to be prudent. On the golf course bond, the best choice is to allow the City Council to have the option to refinance. He expressed confidence in the City Council.

Duane Richards: Mr. Richards addressed his comments for to C. Fotheringham and C. Parker, though they were not present. He was disappointed to find out that in order to go to a library, he had to register in another City and get reimbursed and now the reimbursement was pulled. Youth programs were also pulled. He has spent $150 to register for baseball in Highland. He said that it feels like we are preserving Cedar Hills in formaldehyde. He questioned the flyer that C. Parker and C. Fotheringham wrote stating that without a commercial base there would be a $2/month increase per household since at one point there was an $11 a month increase proposed to cover one year of the golf course deficit. The $2/month increase is inaccurate and misleading. It doesn’t include any enhanced or expanded services. To truly preserve the community we need a revenue base for our families and for the future.

Becky Richards: Ms. Richards represented the Concerned Citizens of Cedar Hills. She said that while everyone is entitled to opinions and beliefs, no one should be subjected to underhanded tactics. Some have been threatened and harassed. Others have had signs removed from their yards. It is not right and should stop.

Russell Smart: Mr. Smart is a member of the Smart family that owns the commercial property. He and Mark Hampton have met with Harvest Fresh. Harvest Fresh was more interested in developing the land than bringing in a store. Their groceries would have to come from California and they do not carry name brand grocery items in their stores. Associated Foods has no time frame. While there have been claims made that there are grocers ready to build tomorrow, Mr. Smart clarified that there are no grocers that will come in until after the vote. As the property owner, he would like to see the initiatives fail. This is not for his own gain. He has had many opportunities to sell, but did not because it was not in the best interest of the City.

Eric Richardson: Mr. Richardson said that the Coalition’s emphasis is beer because there is no non-religious argument for Sunday closing. He said the original ordinance presented by C. Parker was for full prohibition. Mr. Richardson appreciates Richard Nance’s ability to make an objective presentation without advocating. In the Voter Information Pamphlet, the side supporting the initiatives quoted Richard Nance from a Lindon meeting where he was addressing the dangers of alcohol abuse and not the effect of alcohol sales on a community. Richard Nance has been verbally assaulted and his job has been threatened with calls made to County Commissioners. These tactics reek of domination and intolerance and are offensive.

C. Perry: Said that the Council would not consider passing an ordinance that created a public safety threat.

Jack Dunn: Mr. Dunn pointed out that the most restrictive alcohol restrictions are in the prisons and the prisons still have alcohol problems.

2.         Approval of Minutes from the May 31, 2005, Special City Council Meeting and the June 7,             2005, Public Hearing and Regular City Council Meeting (8:48 p.m.)

MOTION: C. Lowder - To approve the minutes from the May 31, 2005, Special City Council Meeting and the June 7, 2005, Public Hearing and Regular City Council Meeting, as amended. Seconded by C. Perry.


                                                            Aye     -          C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.

4.         Review/Action on Appointment to the Parks and Trails Committee (8:50 p.m.)


See handouts. There is a vacancy on the Parks & Trails Committee. Michael Stuy and Rick Meinzer applied. Each candidate made a brief statement.

Mr. Stuy said that the parks in the City attracted him to Cedar Hills. He belongs to several environmental groups and feels he can be an asset to the committee. He can dedicate as much time as needed. Mr. Meinzer said that a few members of the Parks & Trails Committee asked him to apply. He is a professional landscaper and moved here for the parks and would like to have input in the park process. He lives near the park that is planned by Deerfield Elementary. He is in favor of a park there rather than a sport complex. He would be able to serve as long as he is needed and is flexible with hours required.

C. Lowder expressed concern that C. Willie is over the Parks & Trails Committee and Michael Stuy is her brother. The Mayor recommended that Mike Stuy be appointed to serve on the committee. C. Perry liked the idea of having a professional landscaper on the committee. C. Willie would like a committee member outside of Canyon Heights.

MOTION: C. Perry - To accept Mayor McGee’s recommendation and appoint Mike Stuy to the Parks and Trails Committee to fill the vacancy on the Committee with the term ending December 31, 2005. Seconded by C. Lowder.


Aye-C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.

5.         Review/Action on Resolution Adopting Fees (9:05 p.m.)


See handouts. The fee schedule has been presented during budget discussions. Water fees still need to be incorporated. C. Perry pointed out that the penalty escalates with increased water usage. That is appropriate with egregious water usage, but in the case of large families it might not be appropriate. The household average for the City is less than 8,000 gallons.

MOTION: C. Perry - To approve Resolution 06-21-2005A, A Resolution Adding Certain Fees to the Official Fee Schedule of the City of Cedar Hills, with the addition of the Water Fee Schedule, as attached. Seconded by C. Willie.


Aye-C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.

6.         Review/Action on Amendments to the 2004-2005 Fiscal Year Budget (9:10 p.m.)


See handouts. These amendments are an attempt to reconcile each department’s budget before the end of the fiscal year. The City is involved in a Citywide application to FEMA for the flood problems at the golf course. There are several projects that are currently in progress and won’t be completed by the end of the fiscal year. When those payments are due, the budget will have to be amended. C. Perry would like those to be done all at once.

MOTION: C. Perry - To approve the Amended Fiscal Year 2005 Budget, as per this document. Seconded by C. Lowder.


Aye-C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.

7.         City Manager Report and Discussion (9:24 p.m.)


          The Alpine School District paid $81,500/acre for the Deerfield land.

          Looking into the golf course driving range hazards

          Letters were sent to Bridgestone and Falcon Ridge to clean up construction garbage.

          The City is working on weed abatement. The City’s land has been cleaned up and letters have been sent to individual homeowners.

          Konrad Hildebrandt handed out the Cedars HOA bylaws. He talked to Mike Anderson of The Cedars HOA and requested to be put on the agenda. C. Perry will give Mike Anderson a call.

          Bids for Canyon Road landscape proposals were received.

          The City is working on making a great Family Festival. Volunteers are still needed. The Council will let Konrad Hildebrandt know what they would like to ride in the parade. C. Perry suggested go-carts.

          Next meeting, a representative from a down-payment assistance program will give a presentation to the City Council.

8.         Board and Committee Reports (9:38 p.m.)

            C. Perry: C. Perry attended a UTOPIA board meeting. The entire meeting was an Executive Session.

C. Willie: C. Willie received a call from a representative of the YMCA asking if she wanted to be the City’s representative for bimonthly meetings. C. Willie cannot be the rep. Konrad Hildebrandt thinks that the City should wait and see what other cities get involved. C. Willie also met with Melissa Dredge of the Family Festival Committee to go over the agenda. The Council will participate in the 1-mile run.


9.         Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:48 p.m.)

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


Aye-C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.



10.       Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:15 p.m.)

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


Aye-C. Lowder

C. Perry

                                                                                    C. Willie                                 Motion passes.


11.       This meeting was adjourned at 10:15 p.m. 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

    July 5, 2005