CITY COUNCIL MEETING
Tuesday, August 2, 2005 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Mayor Mike McGee, Presiding
Council Members: Melissa Willie, Darin Lowder, Rob Fotheringham, Jim Perry, James Parker
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Tami Harrison, Management Analyst
Rodney Despain, City Planner (8:05 p.m.)
Courtney Hammond, City Meeting Transcriber
Others: Clifton Chandler, Gerald Ferber, Karissa Neely - New Utah, David Lone, Charelle Bowman, Becky Richards, Eric Richardson, Stephen Lee, Francis Johnson
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 at 7:02 p.m.
Invocation given by C. Fotheringham
Pledge of Allegiance
2. Public Issues for Future Agendas (7:03 p.m.)
• Clifton C. Chandler - Mr. Chandler stated that he feels there is a lack of enforcement of the City’s codes and ordinances. He said that the Canyon Heights Subdivision is an embarrassment because of the trash, dirt, dust, blocking streets, speeding, etc. He said there is little response from law enforcement and has concluded that City management doesn’t care. He recommended that the City hire a Code Enforcement Officer. C. Fotheringham pointed out that there is some subjectivity because there are many laws. There needs to be a uniform way to apply the laws.
• Gerald Ferber - Mr. Ferber is a new resident that spent money installing landscaping. His new grass is dying. There used to be an exception for new landscaping that was revoked. He has talked to neighbors who had trouble finding the pressurized water line. Residents get charged year round for the pressurized irrigation (PI) and only use it from April to October. He would like some flexibility depending on temperature and weather for when the PI is turned off and feels that water consumption can be reduced by 50 percent by going to even and odd watering days. He also suggested turning off water during the enforceable hours. He asked the City to work on a solution now rather than waiting until November.
3. Approval of the Minutes from the July 5, 2005, Regular City Council Meeting and the July 12, 2005, Special City Council Meeting (7:13 p.m.)
MOTION: C. Parker - To approve the minutes for the July 5, 2005, Regular City Council Meeting and the July 12, 2005, Special 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 Proposal to Exchange a Portion of City Open Space Property with Highland City (7:16 p.m.)
See handouts. Stephen Lee, a resident of The Cedars Subdivision (West), is proposing the purchase of some open space adjacent to his property. The open space is currently located in Highland City. Highland City is willing to swap the open space for similar square footage contiguous with existing Highland City open space. Mr. Lee’s intention is to beautify the open space. Highland does not want to lose open space and will not sell the land directly to Mr. Lee. C. Perry said that this proposal would not hurt the City.
MOTION: C. Lowder - To approve the trade of property from Highland City to Cedar Hills and then the sell of this property to Mr. Lee at the appraised fair market value. Seconded by C. Fotheringham.
Mr. Lee said there were some questions in the County office about the ownership of the land proposed to be swapped with Highland. He asked that the City designate a backup piece of land.
AMEND MOTION: C. Lowder - To approve the trade of property from Highland City to Cedar Hills in exchange for land contiguous to their current open space on the steep hillside. Seconded by C. Fotheringham.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
5. Review/Action on a Resolution Adopting a City Financial Planning Policy (7:28 p.m.)
See handouts. This is a financial planning policy documented in the format recommended by the Government Finance Officers Association (GFOA). The City has received Excellence in Budget Reporting Awards in the past. The budget is reviewed by directors of finance who issue a report with the budget’s strengths and weaknesses outlined. The City has updated any issue that was a perceived weakness. The Council recommended the following changes to the Policy:
• A statement about prioritization by the City Council should be added to the section on “Long-Range Planning.”
• The “Asset Inventory” section should be changed to read: “Each department manager is responsible to take all reasonable measures . . .” and “Methods for doing so may include things such as the procurement . . . .” In the next paragraph of the same section, the first sentence should be changed to read “The Finance Director of the City of Cedar Hills, under the direction of the City Manager, is responsible for the diversification of investments through the transfer of funds to PTIF.”
• The “Revenues Diversification” section needs to make mention that it refers to non-enterprise expenditures. Also, the City estimates its budget conservatively but forecasts with actual revenues and that the City Council reviews the budget at least quarterly.
• The second sentence of the “Fees and Charges” section should read, “Costs associated with a service include use of human and capital resources and depreciation.”
• The first sentences of the “Use of One-time Revenues” should read “The City is committed to minimizing the portion of operating expenditures . . .”
• The last sentence of the “Reserve or Stabilization” account should read, “Any fund balance in excess of 10% reserve would be transferred to another account by City Council approval of a budget adjustment.”
• Delete the last sentence of the third paragraph in “Operating/Capital Expenditure Accountability” section that starts, “However, if this is not accomplished . . .” Also, delete the last two paragraphs of this section.
• In the second paragraph of “Investment and Cash Management Policy” the word “fund” is used twice with different meanings. Change that to avoid confusion. The third paragraph should read “The City deposits all receipts on a timely basis in conformance with State law.”
• The second paragraph of “Capital Improvement Policy” should include a statement saying that the City accounts for depreciation per GASB rules. The third paragraph should read “Vehicles are considered for replacement in accordance with established City policy . . .” The fifth paragraph should include a discussion on how the City deals with Impact Fees. The penultimate paragraph should elaborate on what kinds of opportunities are provided for citizen input prior to final budget decisions.
C. Fotheringham said he feels that the City has too many laws and policies. He said there are flaws in the budget, especially a lack of prioritization. Getting the award, despite the flaws, makes the award seem superfluous. He doesn’t want to add another process and policy to get an award that he thinks is meaningless. C. Perry said he feels the City’s compliance with the GFOA recommendations is a good thing. It isn’t for the award, but to document practice. Tami Harrison said that this document is just a “jumping off” point to improve the budgetary process. C. Parker sees this document as a tool that can be used when the City Council sees gaps or to avoid errors in the future.
MOTION: C. Parker - To table this issue until the finance staff has had an opportunity to revise it. Seconded by C. Lowder.
C. Perry said it is great that the City is striving for improvement. Konrad Hildebrandt challenged the City Council to look at the budget and budget process of other cities. Cedar Hills has room for improvement but has something good in place. Mayor McGee pointed out that no effort will be perfect.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
6. Review/Action on Ordinance Regulating Photography and Audio and Video Recordings at Public Meetings (8:00 p.m.)
See handouts. The Council requested that the City attorney draft an ordinance of how recording may take place in a City meeting. This ordinance is consistent with what other cities have as a general practice. C. Perry agreed that the ordinance still allows people to participate in the process and comply with the Public Meetings Act while not infringing on or intimidating other people. He recommended that Section 4b be changed from “Photographing or video recording of materials on desks or in the possession of a person shall not be allowed” to “may not be allowed.” The ordinance allows people to record from behind the last row of seats. In the set up of the room, the City will leave space open at the back. C. Fotheringham argued that the Mayor has the authority to ask those recording to move to the back and this ordinance is not necessary. C. Parker suggested that portions of the ordinance are contradictory. For example, it says that all parts of an open meeting may be recorded and later states that private conversation cannot be recorded. C. Perry said that a private conversation that takes place in the room is not part of the open meeting. The intent is to avoid intimidation and disruption.
MOTION: C. Willie - To approve Ordinance No. 8-02-2005A, An Ordinance of the City Council of the City of Cedar Hills Regulating Photography and Audio and Video Recordings at Public Meetings, as amended. Seconded by C. Lowder. Vote taken by roll call.
Aye-C. Lowder
C. Perry
C. Willie
Nay-C. Fotheringham
C. Parker Motion passes.
7. Review/Action to Appoint Mayor Protem (8:16 p.m.)
See handout.
MOTION: C. Perry - To appoint James Parker as Mayor Pro Tempore. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
8. Review/Action on Emergency Watering Restrictions (8:17 p.m.)
See handouts. There is no motion necessary unless the Council wants to change the action Mayor McGee implemented as part of the emergency water situation. Currently, residents may water on Monday, Wednesday, Friday and Sunday with no watering allowed between 10:00 a.m. and 6:00 p.m. The Council would need to adopt a resolution regarding noncompliance water restriction fees. While some Council members favor a different policy with odd and even days, the Council cannot change policy again this season. Staff will get the information about capacity, pumps, etc. to the Council as soon as possible. Staff is looking at the water model and finding out what maximum velocity can flow through the pipes. Water usage is also being evaluated. The City is on its regular Pleasant Grove watering turn and is capturing all of its water. The Council would like to see numbers on all water sources and comparisons of water usage in other cities along with the analyses of water usage and the mechanics and capacities of the system. C. Parker asked for an exception for those who have hydro seeded. The Council would also like to make an exception for attended hand watering. The prohibited days do not include running through the sprinklers.
MOTION: C. Fotheringham - To change the existing law, remove the misdemeanor charge and change it to a fee. No second. Motion dies.
C. Perry said that he would support hand watering any day with culinary water. C. Parker would support an exception for hydro seeded lawns. Mayor McGee suggested telling staff to grant exceptions to any lawn hydro seeded prior to August 1, 2005.
MOTION: C. Parker - To amend the Emergency Watering Policy to allow attended hand watering any day and direct staff, at their discretion, to allow watering on any hydro seeded lawns prior to August 2, 2005. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
MOTION: C. Willie - To adopt Resolution No. 8-02-2005A, A Resolution Adding Certain Fees to the Official Fee Schedule of the City of Cedar Hills. No second. Motion dies.
C. Fotheringham said that the fee schedule needs to be one that can be enforced and a $1,000 fine is excessive. He favors capping the fee at $100/offense. The first offense will get a warning; the second offense will get a $50 fine; thereafter each offense will get a $100 fine.
MOTION: C. Willie - To adopt Resolution 8-02-2005A, A Resolution Adding Certain Fees to the Official Fee Schedule of the City of Cedar Hills with the first offense getting a warning, the second offense getting a $50 fee; the third offense and thereafter getting a $100 fee, per watering season. Seconded by C. Lowder.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
9. City Manager Report and Discussion (9:10 p.m.)
• There will be a Family Festival update at the next City Council meeting.
• The speed trailer will be delivered and in use in neighborhoods shortly.
• David Bunker and Konrad Hildebrandt are going to a Canyon Road meeting. The State wants to give Canyon Road to the City.
• The Canyon Heights park design has started. It will go through the Parks and Trails Committee and the neighborhood.
• Canyon Road landscaping has started.
• The shortfall for the golf course, including the non-operating expenses and the $84,000 bond payment will be around $117,955. Without the bond amount it is $34,000. The flood damage of $60,000 is not included. A bond payment of $245,455.41 was made from the reserve fund.
• Nothing has happened with the landslide. The geotech firm and Highland Homes are evaluating the information and will come with a mitigation proposal. The City needs to apply pressure to get it done quickly.
10. Board and Committee Reports (9:20 p.m.)
C. Parker - The Planning Commission met and had a discussion about irregular lots. They decided to go through the City and identify the lot lines on all vacant lots. They also discussed the Sign Ordinance and a Special Work Session was scheduled.
C. Willie - The Parks and Trails Committee looked at the park strip on Bayhill Drive going toward the roundabout. They got a bid for putting grass and pear trees and it came to $36,000.
11. Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 (9:30 p.m.)
MOTION: C. Lowder - To go into Executive Session, Pursuant to Utah State Code 52-4-5. Seconded by C. Willie.
Aye-C. Fotheringham
C. Lowder
C. Parker
C. Perry
C. Willie Motion passes.
12. Motion to Adjourn Executive Session and Reconvene City Council Meeting (10:54 p.m.)
MOTION: C. Willie -To adjourn Executive Session and reconvene City Council Meeting. Seconded by C. Lowder.
13. This meeting was adjourned at 10:55 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
August 16, 2005