City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road February 7, 2012 REGULAR MEETING The regular meeting of the Fruit Heights City Council was called to order by Mayor Todd Stevenson at 7:00 PM. The Pledge of Allegiance was recited and Bette Hubrich gave a prayer for the opening ceremony. COUNCIL MEMBERS PRESENT: Council Members Diane Anderson, Don Carroll, Craig Hill, Bette Hubrich and Eileen Moss and Mayor Todd Stevenson STAFF PRESENT: City Manager Brandon Green, City Planner Jeff Oyler and Recording Secretary Susan Cranford VISITORS: Sam Haymes, Nathan Rich, Paula R. Stephenson, Steve Robinson, Hoyt Stephenson, Collins Stephenson, Caroline Eichelberger, Dana Rimington, Greg Lazalere, Kimberly Wagner, Paula Stevenson and Julie Treadwell Agenda Item: 2. APPROVAL OF MINUTES OF MEETING – January 17, 2012 Council Member Craig Hill made a motion to approve draft of the minutes of January 17, 2012, with corrections. Council Member Don Carroll seconded the motion and it was approved unanimously. 3. SPECIAL PRESENTATIONS Items from the Public 03:41 Resident Greg Lazalere of 402 Eastoaks Drive requested the city put money in the budget to paint the water tank on Mountain Road. It is a large white tank and the top of it is rusty and he suggested it be painted a light brown. The council agreed it should be painted if rust is visible. City Manager Brandon Green stated it will be discussed during the budget meetings. 4. NEW BUSINESS A. Discussion with Wasatch Integrated Waste on Recycling Mayor Todd Stevenson stated the City Council has been having an on-going discussion regarding the viability of doing curbside recycling in Fruit Heights. The city currently has 1 Fruit Heights City Council Meeting February 7, 2012 a green waste recycling program and is considering starting a curbside recycling program of paper, plastic, aluminum, cans and cardboard. Nathan Rich, Director of the Wasatch Integrated Waste and Steve Robinson of Robinson Waste were in attendance to answer questions of the council. Nathan Rich stated eight cities currently have curbside recycling of green waste. He reminded the council that there is a recycle drop-off center at the landfill along with a household hazardous waste drop-off center that is free of charge to residents. The cities that currently have a recycling program have reduced the waste going into the landfill by ten to 15 percent. He stated the primary cost of a curbside program is the cost of collections. The cost of the can is between $3 and $4.50 per month per household for the separate recycling pickup. The cost of the can will be cheaper if 85 to 90 percent of the residents participate in the recycling program. The market for recyclables has increased in value but it will still be a cost to the city to run the recycling program. Fruit Heights has about 40 percent of the residents participating in the green waste program. There is an environmental benefit to recycling, but there is a cost associated with the program. The city of Woods Cross has a recycling program of around 94 percent and a green waste program of about 54 percent participation. Council Member Bette Hubrich stated she now pays to have a company pick up her recyclable goods. She stated she empties her recyclable container much more often than her regular garbage. Nathan Rich stated the program in Woods Cross is mandatory except for those showing a hardship. Farmington offered its residents an opt-out period and has about 85 percent participation. Steve Robinson of Robinson Waste stated Riverdale has about 88 percent participating. They asked residents to keep the recycling can for about six months, then they were given the opportunity to opt-out. He stated Kaysville has about 78 percent participation. Mayor Stevenson stated it appears Fruit Heights will need 80 to 85 percent participation to make the program economically feasible. He inquired about the possibility of smaller cans for those with just one person in a residence and those with limited storage space in their garage. Steve Robinson stated smaller cans are made for those in a one-person household, but the footprint of the can is about the same size as a regular can. The grabbers on the trucks are adjusted for a certain size can and it would be impossible to continually 2 Fruit Heights City Council Meeting February 7, 2012 adjust them for each household. He will provide the mayor with some dimensions for different cans. Resident Julie Treadwell stated she currently pays for a recycling service at her home. She recommended the city take a survey to find out how many residents are interested in participating. She inquired if there is any difference in the air quality with the driving of the recyclables to the landfill versus what is going into the air by burning. Nathan Rich stated half of the waste generated in our district goes to the landfill. Recycling waste to energy is preferable to filling the landfill. Julie Treadwell suggested that those who put forth the effort to recycle should get a reduction in costs since recycling takes effort on the part of the people to separate their trash. Council Member Eileen Moss stated a second garbage can is less than a first garbage can. If the second can becomes more expensive, more residents would be inclined to use a recycling can. City Manager Brandon Green stated those who have a second garbage can will probably turn it in for a recycling can. Resident Kimberly Wagner stated she supports the recycling program and inquired if the city has considered a drop-off location for recycling bins in the city. Nathan Rich stated drop-off bins have not been successful because they become a nuisance and they are inefficient. They fill up and overflow quickly and garbage collects around them. It costs the city $150 every time the bin is pulled and is transferred to Salt Lake City. Council Member Diane Anderson stated residents feel recycling should make the city money, so there is a reluctance to pay for the service. They feel they shouldn’t have to pay extra for the privilege of recycling. Council Member Don Carroll stated the figures are based on 80 to 90 percent participation. If the city falls below that level, the price will increase. He stated that we need to be hesitant in thinking we are saving the planet. We would be doing our share to help, but it comes at a price. Greg Lazalere stated a lot of people are for the environment and requested the council not dismiss the idea of localized collection. Mayor Stevenson said that if the council sees this program as something it wants to pursue, information will be sent in the city’s newsletter. The city will send out a survey, 3 Fruit Heights City Council Meeting February 7, 2012 and hold an open house and a public hearing to get a good feel for what the pulse of the city is before any decision is made. Council Member Carroll thanked Steve Robinson for the work his company and his work crew do in Fruit Heights. B. Discuss/Approve Update to Title 1A of the Fruit Heights City Municipal Code 2:36 City Manager Brandon Green went over the updates to the Fruit Heights City Municipal Code. It was last updated about eight years ago. The city attorney has suggested the code be updated again, starting with the numbering system of the code. Tonight City Manager Green presented Title 1A to the council. No changes in text have been made. Prior to any changes to the text of an ordinance, a public hearing will be held. Council Member Craig Hill made a motion to approve Ordinance 2012-02, an ordinance enacting and codifying Title 1A of the Fruit Heights Municipal Code regarding general provisions, definitions, rules of construction, violations, and civil enforcement, and repealing Chapter 1-4 of the existing Title 1 of the Fruit Heights Municipal Code regarding similar provisions. Council Member Bette Hubrich seconded the motion and it passed with the following vote: AYES: Hill, Hubrich, Anderson, Carroll, Moss NAYS: None 5. OLD BUSINESS A. Final Approval of the City’s Rules of Order for Open Meetings 58:43 The council reviewed the proposed Rules of Order for Open Meetings as discussed in previous meetings. Council Member Eileen Moss made a motion to strike the sentence “When a matter is chewed on enough it should be swallowed” from Purpose of the Rule, Page 8, Rule 7. Council Member Diane Anderson seconded the motion. Council Member Bette Hubrich made a substitute motion to strike all of the lines In Purpose of the Rule, Page 8, Rule 7, except for “This rule allows the Mayor by General Consent or the majority of the council to end the debate, after a reasonable time.” Council Member Anderson seconded the substitute motion. Council Member Craig Hill stated he believes the public may want to know why public discussion is limited. 4 Fruit Heights City Council Meeting February 7, 2012 Council Member Moss stated the full paragraph does give a full understanding of why debate would be limited on an issue, but she agrees that some of the wording needs to be eliminated. Council Member Diane Anderson made a third substitute motion to have the Purpose of the Rule read: “Debate and discussion are important until they are not. This rule allows the Mayor by General Consent or the majority of the council to end the debate, after a reasonable time. It also keeps those in a minority position on an issue from filibustering. ” Council Member Hubrich seconded the motion and it passed unanimously. Council Member Don Carroll left the meeting at this point at 8:20 PM. Council Member Hubrich made a motion to change the Purpose of the Rule, Page 7, Rule 6 to read: “Too many motions on the same subject can cause confusion as to what the end result is and in the official record. Limiting the number of motions to no more than three at a time allows for sufficient debate.” Council Member Hill seconded the motion and it passed unanimously by those in attendance. Council Member Anderson suggested the public should be informed that comments need to be made at the microphone. Council Member Hubrich made a motion to approve and accept the Rules of Procedure and Order for City Council Meetings in Fruit Heights City. Council Member Eileen Moss seconded the motion and it passed unanimously by those in attendance. B. Discussion on the Appointment of an Alternate Member to the Fruit Heights City Board of Adjustment 1:11:35 Mayor Todd Stevenson stated he is not ready to recommend someone to replace Dave Fjeldsted, whose term has expired on the Board of Adjustment. He recommended this item be tabled. Council Member Eileen Moss said Joel Ferry from District 2 has his house up for sale and he intends to move out of the city. Council Member Moss suggested the alternate be named from that area. Mayor Stevenson stated there is no requirement to have Board of Adjustment members reside in certain neighborhoods, but as a general rule, the council prefers to have a representation from different areas of the city. 7. STRATEGIC PLANNING 1:14:20 Parks, Trails and Cemetery I. Baer Creek Trail and Trailhead II. Discussion on City Cemetery Site 5 Fruit Heights City Council Meeting February 7, 2012 City Manager Brandon Green stated the Orchard Farms Subdivision on Nicholls Road is progressing and part of the Developers Agreement includes a trail and open space west of Nicholls Road. The developer will pay for the installation of a trail in the hollow. The city has collected about $100,000 in impact fees that must be used for park development. City Manager Green suggested the city begin the trail system through the Baer Canyon hollow along Nicholls Road. The city needs to develop a trail master plan. City Manager Green stated he would prefer having Ivory Homes install the trail according to the city’s specifications and the city will complete the remainder of the trail. Master planning also needs to be done for Nicholls Park to address parking, trailheads and Nicholls Road from Highway 89 to Main Street. The Davis High School Cross Country coach has indicated he is interested in having a home course for the cross country team to practice on and would like to use the trail as part of their course. Mayor Todd Stevenson stated the trail could also be used for the July 4 5/10k race so that the race goes through Fruit Heights. City Manager Green stated the design firm of GSBS has drafted a master plan for city parks and trails. He would like to ask two individuals who reside in the city to work on the plan. Council Member Bette Hubrich stated she will meet with them to discuss trails and parks. City Manager Green stated he will ask the city attorney if the city needs to bid out the project before enlisting assistance. City Manager Green stated the windstorm in December created a lot of dead fallen trees and branches in the creek bed in the hollow. The county recently cut a path along the stream, which will save the city some money when the trail is completed. The city will work with the county to be sure the flood channel stays open. Mayor Stevenson stated the trail plan is for the natural area of the park. The master plan for the ball diamonds, boweries, parking, and possible amphitheater can be addressed in a second part of the plan. Mayor Stevenson stated the city is having feasibility discussions for a city cemetery and discussion is in a very preliminary stage. The city has had discussions with the US Forest Service to deed land to the city for a trail and a greenbelt and there is space for a city cemetery on the hillside. The area being considered is relatively flat. The city has yet to look into the financial feasibility of a cemetery. The city would like to have a partnership with mortuaries or have an Interlocal agreement with neighboring cities to offset costs. City Manager Brandon Green stated the city was gifted a large parcel of land east of 1800 East by the Hinckley family that will remain open space. A cemetery will not be placed on that property. 6 Fruit Heights City Council Meeting February 7, 2012 City Planner Jeff Oyler stated that the Hinckley property is in the county and needs to be annexed to the city. The council directed staff to begin annexation procedures. Council Member Diane Anderson requested the city place an honor plaque or monument on the property. Council Member Eileen Moss stated that when Robert Hinckley made a presentation to the city years ago about the property, he talked about converting the home that is on the property into a reception area that the city could rent out. It was his great desire that the trails in the area be open for equestrian use and the stables be made available to the public. Resident Greg Lazalere stated he lives in the Eastoaks Subdivision. Any trails or a cemetery on the hill will create more traffic and the need for another parking lot. A place for a dumpster needs to be considered also. Mayor Stevenson said those items will be considered as well as the possibility of constructing another road for access. Resident Paula Stevenson stated she is the Commander of the American Legion Post 27 in Farmington. She stated Fruit Heights, Kaysville, Farmington and Centerville are in the geographic area they cover and they support the Kaysville, Farmington and Centerville cemeteries. They are excited that there is the possibility of another cemetery in the area. Her organization puts the flags up on veterans’ graves in Kaysville and Farmington and was instrumental in installing the veteran’s memorial that was recently installed in Farmington. They have the ability to identify veteran status. She recommended a flagpole and an area for a future veteran’s memorial be included in the cemetery plans. She recommended the city install a columbarium, an above-ground place to store ashes. She volunteered to serve on a local cemetery committee. Resident Kimberly Wagner stated there are a group of people in the city who have an interest in having a portion of a city cemetery set aside for natural burials which are bodies that are not embalmed and do not have a burial vault. Mayor Stevenson stated these ideas will be considered as the city moves forward with investigations into having a cemetery in Fruit Heights. 6. CONSENT CALENDAR 1:52:27 Budget Report – January No action was taken. 7 Fruit Heights City Council Meeting February 7, 2012 8. DEPARTMENT AND CITY OFFICIAL REPORTS 1:55:51 A. City Engineer’s Report No report was given B. City Planner’s Report Jeff Oyler reported he discussed the possibility of applying new zoning to property owned by the U.S. Forest Service with the city attorney. City Attorney Todd Godfrey informed him that it is entirely within the city’s purview to zone the land the way the city sets forth in the General Plan. He will place the rezoning discussion on the planning commission agenda and schedule a public hearing. C. City Manager’s Report Brandon Green reported he is still negotiating with Mr. Middleton on North Mountain Road regarding his driveway and gate. He estimated it will cost the city about $1200 to replace the driveway. City Manager Green would like to give him a check for what the city deems to be a fair and accurate amount and have Mr. Middleton hire a contractor to do the work to his satisfaction. He will discuss it with Mr. Middleton, come up with a figure and present it to the council for approval. City Manager Green stated he spoke to the State Ombudsman regarding the Taft property on North Mountain Road. The state ombudsman stated Mrs. Taft is no longer responding to them and the issue is still outstanding. Mrs. Taft contends that the city took some of her property for the North Mountain Road improvement project. The city contends that the survey shows none of her property was taken. Two surveys have been done that do not agree. The plat has been recorded but there is still a disagreement on which survey is correct. He spoke to the County Sheriff’s Department regarding recent vandalism done in the city with paint. He has requested that when the vandals are caught, they be prosecuted and do several hours of community service. It is estimated that over $5000 worth of damage was done to various houses and the LDS church on North Mountain Road. The council discussed placing security cameras in various locations in the city to assist the Sheriff’s Department City Manager Green reported that Officer Jen Dailey was promoted to sergeant last week and the city’s new deputy is Eric Nelson. Council Member Diane Anderson reported some street signs have been knocked down on Laurelwood recently. 8 Fruit Heights City Council Meeting February 7, 2012 He reported the sign advertising Henry Walker Homes on the frontage road will be removed soon. D. City Council Members’ Reports Council Member Diane Anderson reported she attend the Utah League of Cities and Town (ULCT) day with the state legislature and found it to be very helpful. Council Member Bette Hubrich reported she attended the ULCT Legislative Council. A big issue before the legislature is the effort by the outdoor sign companies to change the large signs they have to digital signs along the freeways. They also want the ability to change any sign they have without adhering to local zoning laws. Council Member Eileen Moss reported a CERT refresher course was held last Saturday and about 55 people attended. Perry States is now heading up the CCC and Darren Frandsen and Jim Crismer are serving as co-chairs of the Citizen Corps Committee (CCC). E. Mayor’s Report No report was made. 9. CLOSED MEETING A closed meeting was not held. 10. ADJOURNMENT Council Member Eileen Moss made a motion to adjourn, seconded by Council Member Bette Hubrich. The meeting adjourned at 9:30 PM. I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit Heights City Council meeting held February 7, 2012. /s/Susan R. Cranford ______________________________ Susan R. Cranford Recording Secretary Date Approved by City Council: ___February 21, 2012____ 9