CITY COUNCIL MEETING

Tuesday, January 3, 2006 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah



Present:           Mayor Mike McGee, Presiding

Council Members: Darin Lowder, Jim Perry, James Parker, Charelle Bowman, Eric Richardson

Konrad Hildebrandt, City Manager

Kim Holindrake, City Recorder

Gretchen Gordon, Deputy City Recorder

David Bunker, City Engineer

Others: Jared Page-Deseret Morning News, Karissa Neely - New Utah, Melissa Willie, Clinfton Chandler, Zonda Perry, Sabrina Dayton, Jake Moir, Ariel Hancock, Brittanie Haertel, Whitney Hurley, Tessa Goodall, Janelle Laemmlen, John Hart, Larry Wood (7:07 p.m.), David Lone (7:10 p.m.)



COUNCIL MEETING

 

1.         This City Council Meeting of the City of Cedar Hills, Utah, having been posted throughout the City and the press notified, was called to order at 7:02 p.m. by Mayor McGee.


            Invocation given by C. Richardson


            Pledge of Allegiance

 

2.         Public Issues for Future Agendas (7:03 p.m.)


            No comments.

 

3.         Approval of the Minutes from the December 6, 2005, Regular City Council Meeting (7:03 p.m.)


MOTION: C. Perry - To approve the minutes of Tuesday, December 6, 2005, Public Hearing and City Council Meeting. Seconded by C. Richardson.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

4.         Review/Action on Final Acceptance of Subdivision Improvements and Beginning of Durability for Canyon Heights, Plat G (7:11 p.m.)

 

See handouts. David Bunker reported that all of the public improvements that have been required have been completed, per City standards and agreements. The plat is ready to start the two-year durability period. The City will continue to monitor the improvements to ensure they stay in compliance with City standards. The developer installed an erosion control mat with hydroseed. Originally a wall was required. The City requires a 2-1 grade. The retention area was not at the right grade. The sod was torn out, the grade was fixed and the sod was reinstalled. C. Richardson questioned the slope and curvature of the road being in compliance with City ordinances. David Bunker stated that the road curvature was approved because it met grade requirements as it goes over the aqueduct. The developer redesigned the road to make it comply with City requirements. C. Perry said that, as a matter of policy, if the Council approved the plan to install a wall, any modification to the plan needs to be approved.


MOTION: C. Parker - To table this item pending review of staff regarding the slope area. Seconded by C. Richardson.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

5.         Review/Action on Final for Canyon Heights, Plat I (7:15 p.m.)

 

See handouts. Kim Holindrake reported that plat amendment notices have been sent to residents within 300' of the project. The public hearing time frame has not been met.


C. Perry -To table this item until the public hearing time frame has past. Seconded by C. Parker.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

6.         Appoint Mayor Pro-Tem (7:16 p.m.)

 

C. Lowder is the next in line to have this duty. C. Perry explained that the policy has been to appoint the mayor pro-tem by seniority.


MOTION: C. Perry - To appoint Darin Lowder as mayor pro-tem. Seconded by C. Parker.

 

Konrad Hildebrandt stated that the unwritten policy for the term of mayor pro-tem is six months. Kim Holindrake explained that the term needs to be left open so that the City is not left without a mayor pro-tem.


AMEND MOTION: C. Perry - To appoint Darin Lowder as mayor pro-tem for approximately six months or until such time as another mayor pro-tem is appointed. Accepted and seconded by C. Parker

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

7.         Appointment and Swearing In of City Offices (7:17 p.m.)

 

See handouts. Konrad Hildebrandt reported that the City Code states that on or before the 1st Monday in February, following an election, with advice and consent, the City Manager appoints the City Recorder, City Accountant, Chief Building Official/Zoning Administrator, City Engineer/Public Works Director and Community Services Director. His recommendation to the Mayor and Council is to maintain the existing positions, as noted on the memo. C. Parker asked which positions require City residency as part of employment. Konrad Hildebrandt stated that none of the positions require City residency. C. Parker stated that some residents would like the Building Official/Zoning Administrator to live in the City because his decisions are very influential. Konrad Hildebrandt said that some larger cities require department heads to live within the City, but most small cities do not have this requirement. Some cities require certain positions to live within a certain distance of the City. Mayor McGee said that most small cities do not like this requirement. In this area, where there is a dominant religion, there are issues that arise that make attending church and working together difficult. C. Perry clarified that currently the City Manager is the only one that is required to live in the City. Konrad Hildebrandt will do some further evaluation and return this information to the Council.

 

C. Bowman asked if there has been any recent discussion about a community services director. Konrad Hildebrandt stated that this cannot be acted on until there is money in the budget to hire a director. The consensus of the Council is to address the issue on a future agenda.


MOTION: C. Perry - To approve Konrad Hildebrandt’s recommendation and appoint Kim E. Holindrake as City Recorder, Rich Knapp as City Accountant, Brad Kearl as Chief Building Official/Zoning Administrator and David Bunker as City Engineer/Public Works Director. Seconded by C. Richardson.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

According to State Code, the mayor makes the recommendation to appoint the City Treasurer. The City Treasurer should be a separate person from the City Accountant and cannot be the mayor or city recorder. The treasurer is bonded and oversees functions such as investments and utility billing. C. Parker said that managing assets should be a primary duty of the treasurer and that separation of duties is important.


MOTION: C. Bowman - To appoint Konrad Hildebrandt as City Treasurer. Seconded C. Lowder.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

Kim Holindrake stated that not all of these positions need to be sworn in, but the City Treasurer, City Recorder and Deputy City Recorder do need to be sworn in.


MOTION: C. Perry - To accept Mayor McGee’s recommendation and appoint Gretchen Gordon as Deputy City Recorder. Seconded by C. Parker

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

Konrad Hildebrandt, Gretchen Gordon and Kim Holindrake were sworn into their respective positions.

 

8.         Review/Action on Board/Committee Appointments – Planning Commission, Board of Adjustment, Parks/Trails Committee (7:34 p.m.)

 

See handouts.

 

Planning Commission

Openings for the Planning Commission have been advertised. There are five regular positions and two alternates on the Planning Commission. Four applications were received: H.R. Brown, Clifton Chandler, James Vermason and Melissa Willie. Paul Hammer has expressed a willingness to continue to serve until he moves in February so one alternate will begin service in March. Mayor McGee recommended Cliff Chandler as 1st alternate and H.R. Brown as 2nd alternate beginning on March 1.

C. Perry asked Mayor McGee to provide the rationale behind his recommendation. Mayor McGee stated that three of the four contacted him directly, and he had lengthy discussions with each. Cliff Chandler has the time to commit and has served with cities in past employment. H.R. Brown has also been very active in various areas in the last year. He was invited 6-9 months ago to seek a position to serve and he did. He is self-employed and has time to use at his discretion. Mayor McGee also spoke at length with Melissa Willie. He feels that she would be excellent, but it would be good to have representation from various parts of the City. C. Parker said he felt the City could do more to formalize the application process. He pointed out that Mr. Vermason’s credentials look great. The process is subjective, but the applicants should be given ample opportunity to talk with the Mayor and Council. This may help the Council to support the Mayor’s recommendation. C. Lowder suggested having the applicants speak at a work session prior to the vote. C. Richardson stated that he did that when he applied. C. Perry said that he does not want the Council to take over the position of appointing. The law is clear that the Mayor makes his recommendation and the Council is there to affirm the recommendation. C. Richardson felt the same way. Ultimately the Council determines if the applicant is appropriate for the position. C. Perry suggested that the policy be made an agenda item. C. Richardson said that the policy should outline criteria that are considered when reviewing applications. express areas that are reviewed when deciding on a recommendation. C. Perry expressed appreciation for the service of Eric Richardson and Paul Hammer and wished them well.


MOTION: C. Perry - To affirm Mayor McGee’s recommendation and appoint Clifton Chandler to the Planning Commission as the first alternate. H.R. Brown is to be appointed to the Planning Commission as the second alternate beginning March 1, 2006. Seconded by C. Lowder.

 

C. Richardson clarified that Gary Maxwell is the first alternate until Paul Hammer resigns and Cliff Chandler should be appointed as the second alternate.


AMEND MOTION: C. Perry - To appoint Cliff Chandler as the second alternate, HR Brown as an alternate effective March 1. Accepted and seconded by C. Lowder

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.


 


Board of Adjustment

There were no applications requested for the Board of Adjustments. Sue Danielson was willing to remain on the Board, so the City did not give public notice of the vacancy. She is well trained and it is nice to keep someone with experience. The Board of Adjustment falls under the State code. There is no term limitation. The Board of Adjustment met twice in 2004 and did not meet in 2005.


MOTION: C. Richardson - To affirm Mayor McGee’s recommendation and appoint Sue Danielson to the Board of Adjustment with a term ending December 31, 2009. Seconded by C. Parker.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

Parks and Trails Committee

One application was received for the Parks and Trails Committee. Mayor McGee spoke briefly with Stephanie Martinez. She has worked for the Parks and Trails Department Committee in Sandy. C. Perry noted that she has come to Council meetings and discussed landscaping issues.


MOTION: C. Parker - To affirm Mayor McGee’s recommendation and appoint Stephanie Martinez to the Parks and Trails Committee with term ending December 31, 2008. Seconded by C. Bowman.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

Golf Course Advisory Committee

There are two vacancies on the Golf Course Advisory Committee. John Hart approached Mayor McGee and stated that he wanted to apply for this position. He discussed this with C. Lowder and Cecil Read. Cecil Read recommends insists that the City maintain this committee. Because the course is restricted in their funding, Cecil Read would like to have a committee to assist with different aspects of the golf course. Mayor McGee said he feels that John Hart will be diligent in attending.


MOTION: C. Parker - To affirm Mayor McGee’s recommendation and appoint John Hart to the Golf Course Advisory Committee with a term ending December 31, 2009. Seconded by C. Richardson.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.


            Cliff Chandler and John Hart introduced themselves.

 

9.         Review/Action on Council Assignments (8:00 p.m.)

 

Mayor McGee gave his recommendations for Council assignments and the Council discussed the assignments.

Parks and Trails Committee - C. Bowman

Celebrations/Community Events/Pageants - C. Bowman

Lone Peak Public Safety District - C. Perry

Board of Adjustments - C. Lowder

UTOPIA - C. Perry

Planning Commission - C. Richardson

Library - C. Richardson

Golf Course - C. Lowder

Family Focus Days - C. Lowder

Timpanogos Special Services District - David Bunker

North Utah County Solid Waste Special Service District - C. Parker

North Utah County Animal Shelter - C. Parker

Youth City Council - C. Perry


            Family Focus funding will be on the next agenda.


MOTION: C. Richardson - To assign Charelle Bowman to the Parks and Trails Committee and Celebrations/Community Events/Pageants; Jim Perry to the Lone Peak Public Safety District, UTOPIA Board, and Youth City Council; Darin Lowder to the Board of Adjustment, Golf Course Advisory Committee, and Family Focus Days; Eric Richardson to the Planning Commission and Library issues; James Parker to the North Utah County Solid Waste Special Service District and North Utah County Animal Shelter; and David Bunker to Timpanogos Special Services District. Seconded by C. Perry.

 

Mayor McGee said that this year Mayor Parker of Saratoga Springs is pushing for a countywide library system. C. Perry stated that there should always be an alternate so that the City doesn’t lose its vote.


AMEND MOTION: C. Richardson - To appoint Konrad Hildebrandt or his designee as the contingent representative for any of the committee, groups or districts. Accepted and seconded by C. Perry.

 

Aye-C. Bowman

C. Lowder

C. Parker

C. Perry

                                                                        C. Richardson                         Motion passes.

 

10.       City Manager Report and Discussion (8:30 p.m.)

 

                      The monthly management report will be out by the 10th.

                      January 18, 2006, is “Day at the Legislature.” It kicks off the new session. This is a chance for cities to sit with their state representatives and for the youth city council to see the State Legislature. It is a good introduction to what is coming in the upcoming legislative session. The Council should let the staff know if they would like to attend. Mayor McGee suggested inviting a state representative and senator legislature to a Council meeting to allow a more personal introduction.

                      Kim Holindrake reported that training has been scheduled for C. Bowman, C. Perry and C. Richardson sponsored by Utah League of Cities and Towns.


MAYOR’S REPORT/ITEMS REFERRED BY CITY COUNCIL

11.       Board and Committee Reports (8:35 p.m.)

C. Richardson - The Planning Commission has finished working on the sign ordinance and has set a public hearing. The sign ordinance requires high quality signs. It is restrictive, but balanced for business signage. Residential/commercial, temporary, political signs, etc. are addressed.

Jim Perry - Attended the UTOPIA meeting. Two networks are up and running. In the last meeting, they discussed a deal with American Fork to lease five strands of fiber that will connect Payson with the rest of the network. The take rates have exceeded feasibility study projections. The construction has been slower because of telecom interference, etc. In the LPPSD meeting, they approved the purchase of a new fire truck.

 

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

 

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


            No Executive Session

 

14.       Adjourn

This meeting was adjourned at 8:45 p.m. on a motion by C. Perry, seconded C. Richardson and unanimously approved.

 

Kim E. Holindrake, City Recorder

Approved by Council:

   January 17, 2006