Tuesday, September 20, 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 (via telephone), Rob Fotheringham

                        Konrad Hildebrandt, City Manager

                        Kim Holindrake, City Recorder

                        Rodney Despain, City Planner

                        Courtney Hammond, City Meeting Transcriber

Others: Eric Johnson, Stephanie Martinez, Chris Kruger, Eric Richardson, Charelle Bowman, Brent Uibel, Karissa Neely - New Utah, Jill Kramer, Christopher Jenkins.

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 7:20 p.m.


2.         Proposed Amendments to the 2005-2006 Fiscal Year Budget (7:20 p.m.)

            No comments.


3.         Adjourn

            This Public Hearing was adjourned at 7:21 p.m.

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 7:21 p.m.

            Invocation given by C. Perry

            Pledge of Allegiance


2.         Public Issues for Future Agendas (7:23 p.m.)


          Stephanie Martinez: Ms. Martinez expressed landscaping concerns in the Falcon Ridge town homes. The landscaping plan shows where grass should be and where wild flowers should be. Many areas are not in compliance. Highland Homes has told Staff that it is interested in amending the landscaping agreement. Ms. Martinez also said that the construction vehicles that come up Morgan Boulevard speed through the area where there are many children. The City will look into controlling speed in the area.

          Jill Kramer: Ms. Kramer asked about basketball programs for grades 3 through 12. She would like a consistent program that carries over from year to year. The Council explained that volunteers are running the second-grade program, and suggested the programs for other grades organize in the same way. Ms. Kramer also said that she uses pressurized irrigation, but there is not enough pressure to make it to the center of the grass. Mayor McGee suggested checking the pressure regulator, the number of heads per zone, and the filter. If those things don’t work, the Council advised her to call David Bunker, City Engineer. Another idea is to check the time of watering. If everyone waters at the same time, pressure can go down. Ms. Kramer stated that previously David Bunker said he would check the PRV valve between the Cedars West and Juniper Heights and she wondered if that had been done.


3.         Approval of the Minutes from the September 6, 2005, Regular City Council Meeting (7:40 p.m.)

MOTION: C. Willie - To approve the Minutes from the September 6, 2005, Regular City Council Meeting, as amended. Seconded by C. Perry.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                            C. Willie                                             Motion passes.


4.         Review/Action on Qwest Reimbursement Due to Overcharge (7:44 p.m.)


See handouts. Konrad Hildebrandt reported that Qwest Communication erred in charging customers franchise fees based on the customers entire package from January 2002 to June 2004. Qwest has notified noticed their customers of the overcharge and has credited their bills. Qwest now wants the City to reimburse the $8,581.33 they returned to Cedar Hills customers. Cedar Hills can pay either the full amount or Qwest will deduct $715.22 per month from the current franchise fees sent to Cedar Hills for 12 months. The Utah League of Cities and Towns has endorsed Qwest’s efforts and has said that the City should reimburse Qwest. The one city that is challenging the fee is Sandy City. The consensus of the Council is to not reimburse the $8,581.33 in one lump sum and allow Qwest to deduct the fees monthly. C. Perry requested a review and discussion of franchise fees on a future agenda. Mayor McGee would like to see it on agenda after the first of the year.


5.         Review/Action on Resolution Adopting Fees (7:52 p.m.)


See handouts. David Bunker requested a change in the Street Excavation and Cut Permit Fee from $1,000 to $75 for a permit and $500 per day with no permit. Staff reported that the Building Department is proposing a change in the re-inspection fee from $47 to $100. The builder gets two free inspections before having to pay re-inspection fees. Currently, builders are requesting inspections when they are not ready. The City wants to send the message that builders should not call for an inspection until they are ready. The current $47 fee is not enough to deter builders from getting a re-inspection. The total percentage of inspections that are re-inspections is between 5-10 percent. The fee for color copies is $.50 per 8.5 x 11 but has not been listed on the fee schedule. C. Perry stated that the fee for a colored map should be dropped because it is essentially a colored copy. Staff explained that the map fee encompassed the cost of producing the new map by the contracted engineering firm.

MOTION: C. Willie: To approve Resolution 9-20-2005A, A Resolution adding and/or amending certain fees to the official fee schedule of the City of Cedar Hills. Seconded by C. Lowder. Vote taken by roll call.


C. Perry clarified that this amendment includes the elimination of the map fee. C. Fotheringham said that he would like to do something that would discourage cuts in the road from being made. He said that he doesn’t think the people who make the cuts bear the full cost and would like to see the cost borne by those who make the cuts. C. Perry countered that sometimes companies need to cut the road through no fault of their own. Konrad Hildebrandt stated that some of the people who make the most cuts are franchisees who have the right to cut written into their franchise agreement. C. Fotheringham questioned whether the fee for a cut without a permit fits the steep $500/day charge. He said he doesn’t want the fee to be punitive. C. Lowder pointed out that getting the permit also allows the City to make sure that they don’t take too long with the cut and that they cut it properly, etc.


Aye-C. Lowder

C. Parker

C. Perry

C. Willie

                                    Nay     -          C. Fotheringham                                 Motion passes.


6.         Review/Action on Amendments to the 2005-2006 Fiscal Year Budget (8:13 p.m.)


See handouts. Most of these budget amendments have been discussed with the City Council in previous meetings. The first is a transfer of $500 from Unrestricted Fund Balance to Recreation Programs for Junior Jazz. C. Perry said he would prefer to see the exact cost to subsidize before putting it in the budget, since it is hoped the City will not have to subsidize at all. The final three are ongoing projects from last fiscal year. They were not budgeted in this fiscal year. The auditors do not allow the City to make retroactive payments using money that was appropriated last year.

MOTION: Perry-To approve these documented amendments to the budget with the exception of Junior Jazz. Seconded by C. Fotheringham


C. Parker clarified that the amounts for the last three items (Cottonwood Drive, Canyon Road Crossing Park, Storm Drain Expansion) were last year’s budget amount minus all payments made to date.


Aye-C. Fotheringham

C. Lowder

C. Parker

C. Perry

                                                            C. Willie                                             Motion passes.


7.         City Manager Report and Discussion (8:20 p.m.)


          The City is continuing a speed survey. The next management report will include an overall plan of action for using the speed trailer. C. Perry asked for a proactive approach for addressing construction traffic.

          C. Perry suggested sending Melissa Dredge a letter in the MTC.


8.         Board and Committee Reports (8:26 p.m.)


          C. Perry: UTOPIA conducted a conference where people from around the world discussed broadband.

          C. Willie: The Parks and Trails Committee is reviewing the Canyon Heights Park master plan. They also discussed getting bids for the LeDoux Park and Cedar Run Park. Staff will be marking the Cedar Hills trail every 1/4-mile for trail markers.

          Mayor McGee: An Eagle Scout project is being completed across the street from Cedar Ridge Elementary. Pavers and three benches will be installed to allow parents to wait for their children after school.


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


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

            No Executive Session


11.       Adjourn

This City Council meeting was adjourned at 8:30 p.m. on a motion by C. Willie, seconded by C. Perry and unanimously approved.

                                                                                         /s/ Kim E. Holindrake

Approved by Council:                                                Kim E. Holindrake, City Recorder

    October 11, 2005