Thursday, January 31, 2008 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

Present:           Cliff Chandler, Vice Chair, Presiding

                        Commission Members: Craig Clement, Scott Jackman, H.R. Brown, Donald Steele

David Bunker, City Engineer

Greg Robinson, Assistant to the City Manager-Planning

Courtney Hammond, City Meeting Transcriber

Eric Richardson, Council Representative

Others: Steve Kroes, Jim Perry


1.         This meeting of the Planning Commission of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order at 7:05 p.m. by C. Chandler.

            Scott Jackman was recognized as a voting member


          C. Chandler stated that he feels there is a situation that should be addressed before agenda items. He said that the status of Steve Kroes is unclear. He has been unable to obtain an official opinion on the removal of Steve from the Planning Commission. If Steve continues on the Commission, C. Jackman is the alternate. If Steve is not on the Commission, C. Jackman is a voting member. However, C. Jackman’s term as alternate was also up at the beginning of the year. If Steve is still a member of the Commission, he should be part of the discussion. C. Chandler feels that the Commission needs to be open and fair and conduct its business in a legal manner. There are too many unanswered questions as to where the Planning Commission stands. There is a sense of urgency to get the St. Andrews project moving. C. Chandler is not comfortable rushing through the project for sake of convenience. They need to take cautious steps throughout this project as well as any other project. There is only one chance to make decisions, they need to be cautious and make sure that everything is done by a legal quorum.

          C. Steele stated that he would prefer not to proceed until the city attorney answers the issues.

          C. Clement stated that he feels the issues need to be clarified. The code is contradictory.

          Greg Robinson stated that Mayor McGee has talked to the city attorney, who said that if notice was given that Steve Kroes was not going to be reappointed, he is no longer on the commission. The meeting can proceed with C. Chandler standing in as vice chair and can still vote if there is a quorum. C. Jackman could vote since he was recognized as a voting member.

          Eric Richardson said that the situation is difficult. The bylaws of the Planning Commission state that the members should be appointed in accordance with City code. The State code says the mayor shall appoint Planning Commission members with the consent of the City Council, though it only references vacancies, rather than clearing of vacancies. It further states that removal from office requires 2/3 vote by the Council, and the City should set its own proceedings for how appointments are made. The City code states that the mayor appoints Planning Commission members with the advice and consent of the City Council. Regular member terms are three years and until a replacement is appointed. Alternate terms are for one year and until a successor is appointed. At expiration, the City Council may choose whether to reappoint a commission member.

          C. Jackman read the following statement. “Earlier this month the commission met, chaired by Steve Kroes, in a special meeting to discuss the St. Andrews Estate among other things. Today we meet again, only this time Steve has been forcibly removed from the commission. Steve's term expired at the end of last year and no appointments have been made since that time. The code states (9-1B-2A): The term of appointment for regular members shall be three years and until their successors have been appointed… Since no appointment has been made to fill a vacancy caused by the expiration of Steve's term, section 2A could be interpreted that Steve is still a member of the commission and should chair this meeting. If this is the case this meeting should only be held with Steve at the table, and to hold it otherwise is against the law. If you interpret the law as meaning that his term expired at the end of the year and the alternate immediately succeeds him, then the meeting that occurred on the 9th of January 2008 was called and chaired by someone not on the Planning Commission and is thus an invalid meeting as it was held illegally. Further, the code states (9-1B-2D): At the expiration of terms of regular members of the planning commission, the city council may choose to reappoint a member to another term. If the city council chooses not to reappoint a regular member, the vacancy shall be filled by the first alternate member… The city council should either urge the mayor to make the reappointment or fill the vacancy, or the council, having the ability (as stated in section 2D) to reappoint Steve Kroes, should do so as soon as possible.

          C. Chandler recommended continuing this agenda until the next meeting or until the Planning Commission receives a recommendation from the Council and the issue is settled.

          Eric Richardson said that St. Andrews is an agenda item, but there should be no corners cut. Most times a land use is overturned because of a technicality in procedure.

          C. Brown stated that one way to read the issue is that the mayor would like to get people on the Commission who are of the same opinion for the development of St. Andrews.

MOTION: C. Brown - To adjourn the meeting and table all of the agenda items until we receive further clarification on the legality on the dismissal of our former chairman Steve Kroes and at that time we can set another meeting time in early February to address these items once those legal issues are clarified. Seconded by C. Jackman.

C. Steele said there is a sense of urgency to move ahead with the project. There is a council meeting next Tuesday. The City attorney can be asked to attend that meeting. There have been a lot of innuendos and subtle threats. It is disappointing. They can be resolved.


Aye-C. Brown

C. Chandler

C. Clement

C. Jackman

                                                                        C. Steele                                 Motion passes.


9.         Adjourn


This meeting was adjourned at 7:35 p.m. by the previous motion.


/s/ Kim E. Holindrake

Approved by Commission:                                         Kim E. Holindrake, City Recorder

   February 28, 2008