Tuesday, October 2, 2007 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

Present:           Mayor Mike McGee, Presiding

Council Members: Jim Perry, Gary Maxwell, Eric Richardson, Charelle Bowman (7:15 p.m.), Joel Wright (7:10 p.m.)

                        Konrad Hildebrandt, City Manager

                        Kim Holindrake, City Recorder

                        Rachel Brown, Assistant to the City Manager-Finance

                        David Bunker, City Engineer

                        Courtney Hammond, City Meeting Transcriber

Others: Lizzie Shattuck, Ken Kirk, Darren Gilbert, Linnea Torriente, Linda Shattuck, Mark Shattuck, Darek Warnick


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 call to order at 7:05 p.m. by Mayor McGee.

            Invocation given by C. Maxwell

            Pledge of Allegiance

2.         Public Comment (7:06 p.m.)

            No comment.


3.         Minutes from the September 18, 2007, Public Hearing and Regular City Council Meeting (7:06 p.m.)

MOTION: C. Maxwell - To approve the consent agenda, including the minutes from the September 18, 2007, Public Hearing and Regular City Council Meeting. Seconded by C. Perry.


Aye-C. Maxwell

C. Perry

                                                                        C. Richardson                         Motion passes.


MOTION: C. Richardson - To address 7, and then 4 after that. Seconded by C. Perry.


Aye-C. Maxwell

C. Perry

                                                                        C. Richardson                         Motion passes.

7.         Review/Action on Resolution Adopting a Cafeteria Plan for City Employees (7:08 p.m.)

See handouts. Rachel Brown stated that the City has made a change in the plan administrator for the flex spending plan. The resolution needs to be passed to reflect the change.

MOTION: C. Richardson - To adopt Resolution No. 10-2-2007A, a resolution of the City Council of the City of Cedar Hills, Utah, adopting a City Employee Cafeteria Plan. Seconded by C. Maxwell

Further Discussion:

C. Perry would like to use the more technical term, Dependent Care Flexible Spending Account and Health Flexible Spending Account.

AMEND MOTION: C. Maxwell - To adopt Resolution No. 10-2-2007A, a resolution of the City Council of the City of Cedar Hills, Utah, adopting a City Employee Dependent Care Flexible Spending Account and Health Flexible Spending Account Plans 501 and 502. Accepted and seconded by C. Richardson.


Aye-C. Maxwell

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

MOTION: C. Maxwell - To move item 6 next. Seconded by C. Perry.


Aye-C. Maxwell

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

6.         Review Quarterly Report (7:16 p.m.)

See handouts. Rachel Brown presented the first quarter report.

Council Discussion:

C. Perry is concerned that there is a lag between the population that the state uses for determining the City’s portion of the sales tax and the City’s actual population. C. Richardson and C. Bowman requested a report from staff on the population difference.


          C. Wright would like to use legal counsel more in golf course matters.

          C. Richardson would like to see the legal expenses split between litigation and prosecuting.


Document Imaging

          C. Perry stated that since the City is paying M & S for the document imaging software, he wants to ensure that the imaging is actually happening. If more resources need to be allocated to start the imaging, staff should make those requests.

            Golf Course

          C. Richardson would like to see golf engineering put in the golf course budget and separated out as golf course operation and golf course reconfiguration.

            Family Festival

          C. Richardson requested the Family Festival be shown as two line items, separated by year. Because the Festival straddles the fiscal year, he finds it difficult to determine how much is being spent on each festival. He feels it is important for the City Council to decide on the scale and scope of each Family Festival and have it be reflected in the budget. Currently the budget is difficult to interpret regarding the festival expenses from one year to the next and the Council has not been able to set a policy on the Council’s participation in planning the Family Festival.

            Street Lights

          David Bunker said that Rocky Mountain Power has dissolved their street light division. The City now needs to work with a sub-contractor. All requests need to be resubmitted.

            Pressurized Irrigation

          C. Wright would like to encourage people to reduce their water usage in September when it starts cooling down in order to save on pumping costs.


          C. Perry would like to get the quarterly reports in their packets so that the Council can thoroughly review the report prior to discussion. In a situation where the quarter ends just before a Council meeting date, the review should be postponed to the following meeting in order to allow sufficient time to prepare.

4.         Review/Action on Golf Course Reconfiguration (8:11 p.m.)

See handouts. Konrad Hildebrandt stated that Mr. Pascuzzo, the original golf course architect, has submitted a bid. The proposal includes expenses for a certain number of visits. The City would pay for any additional visits. Using Pascuzzo will likely take more time. Their bid does not include survey work, grading, etc. The bid from Pascuzzo is $48,950 with definite caveats for reimbursable expenses. Mayor McGee stated that he feels that using Pascuzzo will likely cost up to $75,000. The Council’s options include (1) using Mr. Pascuzzo, (2) doing it internally with City Staff and Civil Science, or (3) taking it out to bid. Civil Sciences proposes bringing in Forsgren Construction—golf course architects—as consultants. Using Civil Science would save time. Civil Science has not been able to state a price yet, though it is expected to be somewhat less and take less time. The Council would like a special meeting planned when the cost estimate from Civil Science is available.

Council Discussion:

          C. Perry said he was a proponent of using a golf course architect. He does not feel there is any compelling reason why the City needs to use the original architect. He would be satisfied with Civil Science as long as there are golf course architects working on the project.

          C. Bowman stated that at some point there was talk of salvaging parts of hole 15 for construction of the new hole. That may not be realistic because the new hole needs to be ready to go before taking hole 15 out of play.

          David Bunker said that the earliest that the new hole could be played would be May/June. The sod needs to have a month to develop.

          C. Maxwell feels it is better to have a 17-hole golf course than to miss the prime selling season for building lots - Memorial Day to Labor Day. Paper lots will not bring in as much money as developed lots. He feels that there is a 30% difference.

          Mayor McGee said that there is an unofficial offer of $5.5 million for paper lots. There needs to be an official bid process.

          Konrad Hildebrandt stated that the city attorney is working on the process to create a development agency. The City is also meeting with the original developer to discuss the proposed reconfiguration.

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

See handouts. Kim Holindrake stated that C. Perry’s changes from the last meeting were incorporated.

Council Discussion:

            The Council would like to see the following changes:

          3.2 - Add “The location may be changed by the mayor, or at the written request of at least three council members.”

          Add section 3.6 - Audio Recordings: Audio recording of all meetings shall be made available on the City’s website as soon as practical after the conclusion of the meeting, generally within two (2) days following the meeting.

          Add section 3.7 - Written Requests and/or Notices: for purposes of written requests and/or notices, an e-mail sent by each required party to the official e-mail address(es) of the City Recorder, City Manager, Mayor, and all Council Members shall substitute for a signed written statement.

          4.2 - Add “by giving written notice to the City Recorder and City Manager (UCA 10-3-502)

          F - Add section (1) Procedures: The Presiding Officer may include items as described above on the consent agenda. The Presiding Officer shall ask for any objections to the consent agenda. If one or more Council members express an objection to any item on the consent agenda, it shall be moved to the Scheduled Items portion of the meeting. Absent any objections, the Presiding Officer shall declare that the consent agenda has been approved.

          Add state code reference (UCA 52-4-204)

          J. - Change Letter on Adjournment from “I” to “J.”

          6.1 - Mayor as the Presiding Officer, should read “The Mayor, if present at the anchor location, shall . . .

          6.2 - Second sentence change “shall” to “may.”

          6.4 - Add “The City Council may, with a motion, a second and at least three (3) affirmative votes, suspend or modify the rules of order for all or a portion of a meeting.

          6.5 - Time Limits, should read “The Presiding Officer shall have the power to set reasonable time limits . . .

          7.7 - Delete second paragraph.

          7.7B - Motion on the Item, should read “The discussion and subsequent vote on the item may take place at the same meeting as it was originally noticed, provided that all City Council members present for the original vote are present for the reconsideration. See also City Code 1-5-5C(3). The next paragraph should read, “After a motion for reconsideration has been acted on, no other motion for reconsideration on that issue shall be allowed within a twelve (12) month period without the consent of three (3) Council Members . . .”

          8.5 - Add “The budget shall be amended as soon as reasonably possible after the beginning of each quarter so as to include all known and/or projected revenue and expense adjustments.

          9.2 - Add “in accordance with the bylaws of the committee, board or commission.”

          10.2 - Time Limited, should read “The Presiding Officer shall determine a reasonable amount of time for each person to address the City Council.”

          Section 12 should be titled “Agendas”

          12.1B - Change “one week” to “seven (7) days”

          12.1C - Add “including the names of the supporting Council members.”

          12.1D - After first sentence add “Work and research items shall be completed within a reasonable time period.”

          12.1E - Should read “For ordinances or resolutions, the requesting Council members should work with the City Manager to complete the requested text and memos one week prior to the meeting.

          12.1G - Should read “Up to two (2) days prior to the scheduled meeting, the Mayor may, at his or her discretion, and upon immediate notification in writing to all Council members, the City Recorder, and the City Manager . . .”

          12.1G(2) - Change “one week” to “six (6) days.”

          12.1G(3) - Should read “The Mayor deems it in the best interests of the City to postpone the item on the agenda.

          Add Section 12.1 Agenda Collateral:

            A.        City staff shall, whenever possible, provide Council Members with the relevant meeting collateral, including memos, plat maps, reports, and written copies of resolutions, ordinance and agreements within a reasonable amount of time prior to a scheduled meeting, generally five (5) days prior to the meeting.

            B.        Whenever possible, an electronic and publicly available copy of the agenda collateral shall also be published on the city’s website within a reasonable amount of time prior to a scheduled meeting, generally two (2) days prior to the meeting.

          Add Section 12.2 - Meeting Follow-up

            A.        City staff shall provide a list of followup items within a reasonable amount of time following a meeting, generally within two (2) days following the meeting.

MOTION: C. Richardson - To approve Resolution 10-2-2007B, a resolution of the City Council of the City of Cedar Hills adopting the City Council Procedures Policies, as amended. Seconded by C. Perry.

Further Discussion:

          C. Bowman noted that the spelling of “Council Member” is both one word and two words and needs to be uniform throughout the document.


Vote taken by roll call.           Aye     -          C. Bowman

C. Maxwell

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

Break for five minutes. (10:03 p.m.)

Reconvened without C. Bowman or C. Richardson(10:06 p.m.)

8.         Review/Action on Recycling Plan Subsidy (10:06 p.m.)

MOTION: C. Perry - To table item 8 until the next Council Meeting. Seconded by C. Wright.


Aye-C. Maxwell

C. Perry

                                                                        C. Wright                                Motion passes.

C. Richardson returned (10:07 p.m.)

9.         Review/Action on UTOPIA - Status as Non-Pledging vs. Changing to Pledging Status (10:07 p.m.)


See handouts. Konrad Hildebrandt stated that a new feasibility study is required for Cedar Hills to become a pledging city. The biggest obstacle to getting UTOPIA to the city is cost. The number of feet of fiber that needs to be buried to each household is high. It was originally projected to cost approximately $5,000/household. Other cities have higher density and can hang the fiber above ground, bringing down the cost.

Council Discussion:

          C. Perry said that there is now actual data from cities that have UTOPIA installed. A new feasibility study would be based on actual numbers. The original feasibility study cost $50,000

          C. Wright stated that he feels that if the numbers from the feasibility study are bad, the City should not proceed because there is too much risk. The department of agriculture gives out low interest loans to rural areas, defined as any city with fewer than 20,000. Cedar Hills would qualify. He said a fiber optic connection is like a 100-lane I-15 coming in your home. He stated that he has a conflict of interest with UTOPIA and will not vote on any UTOPIA-related item.

          C. Richardson said that he wouldn’t notice the faster speed. For him, it is a cost issue. Having the service available would save money.

          C. Maxwell and C. Richardson instructed staff to find out how much the feasibility study would cost.

10.       Review/Action on Cost to Meter Lots Larger than 3/4 Acre (10:24 p.m.)


See handouts. David Bunker stated that there are relatively few residential lots larger than 3/4 acre. The PUDs and HOAs have several meter locations. Spanish Fork is one of the few cities that meters pressurized irrigation (PI) water. They have AMIAD filters that keep the PI water clean. To use meters, an additional filter needs to be installed before the meter. The grand total to meter the large water users would cost $88,825. There is a meter on pond 10. All water is pumped from pond 10 or is pumped from the CUP line. So far this year 778 million gallons of water have been pumped. The golf course used 106 million or 13.7% of the total water. If parks, schools, and the other major water users use an equal amount of water, residential use is 70% of the water use. That would mean that residential use is 150% more than it should be. The City requires 1 acre-foot per lot. Currently, residents are consuming 1.5 acre feet per household. There is an irrigation well that gives 900 gallons per minute that pumps into pond 10 that is the backbone of the irrigation system. To redevelop the well would cost $60,000-$70,000. The pipe now handles about six cubic feet per second. It might not be able to handle more.

Council Discussion:

          C. Perry stated that he believes that even if people are egregiously over watering and have to pay more, they will cut back only when their lawns turn brown. Increasing the cost will not increase the water supply and we need to increase the capacity of the system in order to solve the long-term problem.

          C. Wright stated that in the short term residents may not change their habits, but in the long term people will change their habits if they are paying the true cost.

          C. Richardson stated that the status quo isn’t working. At buildout, there will not be enough capacity to service the city. He would like to see a revision to the subdivision ordinance to increase the water rights to 1.5 acre feet per household. He would also like the City to look into buying more water. Money that could be spent on meters may be better spent on more water. He asked if there would be on-site storage and manual pumping options at the new well. David Bunker said the storage issue is complex and needs to be worked through. Without diesel fuel or electricity, a manual pump cannot pull water at 1,000 feet. The new well does have a diesel-powered generator.

          C. Richardson and C. Maxwell requested that well storage at the new well be addressed on a future agenda.

          C. Maxwell said the City can get more capacity through expanding the PI well for less money than it would cost to meter.

          C. Perry requested that the City Engineer prepare more details on redeveloping Canyon Well and using excess capacity from the new Cottonwood culinary well to augment the PI system to meet PI needs at buildout.

11.       Review/Action on Resolution Adopting Fees (11:16 p.m.)


Kim Holindrake said that the Council took action at the previous meeting regarding utility fees used by nonresidents. Those fees have been added to the fee schedule.

MOTION: C. Perry - To approve Resolution 10-2-2007C, a resolution adding, amending or deleting certain fees to the official fee schedule of the City of Cedar Hills. Seconded by C. Wright

Further Discussion:

          C. Richardson noted that sewer fees are based on culinary water usage, and asked how the City calculates sewer fees when it is not providing water to those homes. David Bunker said that Manila Water Company provides the water numbers. C. Richardson requested a Manila Water discussion be on a future agenda.

Vote taken by roll call.           Aye     -          C. Maxwell

C. Perry

C. Richardson

                                                                        C. Wright                                Motion passes.

12.       City Manager Report and Discussion (11:18 p.m.)

          Tree City USA requirements include, (1) creating a board, (2) passing an ordinance, (3) committing $2 per capita on tree programs per year, and (4) holding an Arbor Day. The Council noted that the City spends in excess of $2 per capita on qualifying programs anyway (such as creating parks) and instructed staff to move forward on Tree City USA. It will be on a future agenda. C. Richardson would like more information on Highland’s tree sale.

          The playground equipment in Heritage Park has been removed due to vandalism. There have been questions about whether it will be replaced. Convicting someone based on camera footage is very difficult. A camera that shows detail, especially at night, is very expensive. Cameras may scare off some vandals and provoke others. Staff suggested signs that notify residents that they will be paid for assisting in prosecuting offenders. Neighborhood Watch and increased enforcement are other options. There should be a set curfew posted. The Council said that because of vandalism, the playground equipment will not be replaced until a solution is found. C. Maxwell suggested moving the equipment to a location less secluded. The Council requested the placement of playground equipment be sent to the Parks & Trails Committee for a recommendation.


13.       Board and Committee Reports (11:32 p.m.)


          C. Richardson: C. Richardson talked to Brad Kearl about the landscaping ordinance. Brad’s interpretation is that people have 18 months to put in landscaping. C. Richardson would like the Planning Commission to review the ordinance so that it reflects the intended 9-month limit. He suggested that Brad Kearl come to meetings when zoning ordinances are being discussed. C. Richardson and C. Perry requested the landscape ordinance be on a Planning Commission agenda. At the Planning Commission meeting, Amsource received preliminary site approval. C. Richardson requested a review of the design guidelines on the next agenda. Gas stations will not come to the commercial area because the design guidelines prohibit gas station canopies from facing the street. At the last Council meeting, changes were made to the home occupation portion of the code, premise occupation amendments also need to be made.


14.       Motion to go into Executive Session, Pursuant to Utah State Code 52-4-5 

            No Executive Session held.

15.       Motion to Adjourn Executive Session and Reconvene City Council Meeting


16.       Adjourn


This meeting was adjourned at 11:40 p.m. on a motion by C. Wright, seconded by C. Perry and unanimously approved.


/s/ Kim E. Holindrake

Approved by Council:                                                Kim E. Holindrake, City Recorder

  November 20, 2007