City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road February 21, 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 Craig Hill 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 Engineer Brandon Jones and Recording Secretary Susan Cranford VISITORS: Trystan Godfrey, Paul Nielson, Lee Carlton, Randall Wright, Zach Wright and Steven Brough Agenda Item: 2. APPROVAL OF MINUTES OF MEETING – February 7, 2012 Council Member Don Carroll made a motion to approve the draft of the minutes of the meeting held February 7, 2012, with changes. Council Member Eileen Moss seconded the motion and it was unanimously approved. 3. SPECIAL PRESENTATIONS Items from the Public Boy Scout Trystan Godfrey stated he lives in the city and is seeking suggestions from the city for ten-hour project ideas where he and a group of young men can perform a service for the city. It was suggested he contact City Manager Brandon Green for a list of projects. It was also suggested that he could contact Council Member Bette Hubrich if he is interested in doing a project during the city’s annual spring clean-up day on May 5. 4. NEW BUSINESS: A. Discuss/Approve Updates to Title 2A of the Fruit Heights City Municipal Code 0:14:35 Mayor Todd Stevenson stated the City Council has been having an on-going discussion regarding updating and renumbering the city’s code. 1 Fruit Heights City Council Meeting February 21, 2011 City Manager Brandon Green and the council discussed Title 2A Government of the Fruit Heights City Municipal Code. Council Member Eileen Moss had some procedural questions regarding the appointment of the Mayor Pro Tem. The ordinance varies slightly from what the practices of the city have been. Council Member Moss recounted that the ordinance currently states that the council members will take a vote on the mayor’s recommendation for Mayor Pro Tem. Council Member Moss stated she is concerned with the word “shall” in the following statements: “Space and facilities shall be provided at the anchor location so that interested persons and the public may attend and monitor the open portions of the meeting. If the meeting is a public hearing, space and facilities shall be provided at the anchor location so that interested persons and the public may attend, monitor and participate. . . .” She stated the city does not always have enough room to accommodate everyone and wondered if the city needs to comply with the requirement. Council Member Moss suggested that the ordinance should state that the transfer of all city keys and property of the city should be relinquished at the expiration of his or her term. Council Member Moss stated the Time for Filing of Campaign Finance Statements, 2A- 03-100(c), should make reference to the city caucus meetings and not primary elections. City Manager Brandon Green stated he will make the changes and discuss them with the city attorney and bring it back to the council for approval. B. Discuss/Approve Mountain Splendor, Phase II, Final Plat Amendment 31:55 City Engineer Brandon Jones stated the City Council gave final approval to the Mountain Splendor Subdivision last fall. Since that time, the Middleton’s property has been removed from the development. The Middletons own property adjacent to the subdivision. There will be a one-foot holding strip between the Middleton’s property and the Mountain Splendor Subdivision. A protection strip agreement will be signed and held by the city. The protection strip agreement will be in effect for 15 years. City Manager Brandon Green stated the approved plat was never recorded. The Planning Commission recommends approval of the amended plat. Council Member Eileen Moss questioned the process for amending a plat. City Manager Green sent an electronic message to the city attorney asking if it is necessary for the city to have an ordinance to amend the plat. 2 At 9:00 PM an answer was received from the city attorney, stating the plat does not have to be approved by an ordinance unless the city’s ordinances make that a requirement. Fruit Heights City Council Meeting February 21, 2011 Council Member Moss could not find a reference in the ordinance to require a written ordinance to be in front of the council before approving a subdivision approval. City Engineer Brandon Jones stated the new plat will be signed by the mayor and the chairman of the Planning Commission. Council Member Craig Hill made a motion to amend the previously approved Mountain Splendor Subdivision Phase 2 final plat of 20 lots to 17 lots, subject to the conditions noted in the staff report of February 16. Council Member Eileen Moss seconded the motion and it passed unanimously by those in attendance. City Engineer Jones stated that the mylar copy of the map does not have to be in front of the council prior to approval. 5. OLD BUSINESS A. Discuss Final Approval for Ordinance 2012-01 URS Contribution 0:49:30 Mayor Todd Stevenson stated this item was discussed at the City Council meeting held February 7, 2012, and a question was raised regarding the term “pick up” that was used in the resolution. The item was tabled until the terminology could be verified with the city attorney. City Manager Brandon Green stated the city attorney has requested the wording of the resolution remain because that is the wording used in the state code under Revenue Ruling 2006-43. The auditor agrees that the terminology should remain in the resolution. Council Member Craig Hill made a motion to approve Ordinance 2012-01, a resolution of the Fruit Heights City Council ratifying and confirming the city’s election to pick up 13.37 percent of the required member contribution for all eligible employees required to contribute to the Utah Retirement System Contributory Retirement Plan. Council Member Don Carroll seconded the motion. The motion passed with the following vote: AYE: Hill, Carroll, Anderson, Hubrich, Moss NAY: None B. Discussion on the Appointment of an Alternate Member to the Board of Adjustment 0:53:00 Mayor Todd Stevenson stated Dave Fjeldsted’s term on the Board of Adjustment has expired and it is necessary to appoint someone to fill the vacancy. Mayor Stevenson recommended Carol Elliott be appointed as an alternate to the Board of Adjustment. 3 Fruit Heights City Council Meeting February 21, 2011 Council Member Bette Hubrich made a motion to approve the appointment of Carol Elliott as an alternate member to the Board of Adjustment as recommended by Mayor Stevenson. Council Member Diane Anderson seconded the motion and it passed unanimously. 6. CONSENT CALENDAR Check Register – January Council Member Don Carroll made a motion to approve the check register for January. Council Member Bette Hubrich seconded the motion and it passed unanimously. 7. STRATEGIC PLANNING 0:57:15 Enterprise Funds A. Streets Projects B. Storm Drain Projects C. Water Projects Council Member Don Carroll stated that, in addition to raising the storm water fees, it is evident that something needs to be done to fund the storm water expenses. City Manager Brandon Green stated that right now the city is covering operation and maintenance costs of the storm water system. No money is being put aside for new projects and the city is facing approximately $500,000 in expenses for a land drain project and a storm drain project. City Manager Brandon Green explained that a storm drain collects water from the street, dumps it into an inlet and pipes the water to a detention basin. A land drain does not collect water from the street. It only collects water from the ground. The city does not maintain land drain systems. Land drains are installed by a developer of a subdivision. The first project the city needs to do is the land drain on Country Road. The developer of the subdivision on Country Road installed a land drain improperly and it is failing. The city has assumed some liability for the failure of the land drain and replaced sections of it. Council Member Don Carroll questioned why a special improvement district was not formed for those whose homes have been damaged by the failed land drain on Country Road. The city has no money for this project. He questioned if the city is setting a precedent for other areas of the city. 4 City Manager Green stated over fifty percent of the residents have to approve a special improvement district. Council Member Eileen Moss stated the groundwater issue is throughout the city. She stated she believes the residents should have some ownership of the problem. Fruit Heights City Council Meeting February 21, 2011 Council Member Diane Anderson recommended the city map out the water issues throughout the city to get an idea of how many projects the city is considering. She suggested the city deal with the problem now on Country Road then look at all the land drains and involve the residents by sending them a letter informing them of the situation. City Engineer Brandon Jones stated new subdivisions have been required to install land drains with stiffer regulations. The older subdivisions, however, pose a problem with failed land drains. Council Member Bette Hubrich stated the residents need some education to understand that this isn’t a city problem and they need to take some ownership of the problem. She likes the concept of requiring the residents to assist in paying for the expenses. Some of the homeowners have installed sump pumps and tried to eliminate the problem at their home. Council Member Carroll left the meeting at this point at 8:30 PM. City Manager Green stated the next storm drain project deals with the flooding problem in the Puffer residence after a recent heavy rainstorm. Because of the size of the project, it will be done in two phases along the hillside. Nothing can be done until the city receives approval from the Forest Service or until property is acquired. Meanwhile, a ditch in the hillside will be cleaned up by the city in an attempt to avoid future problems until a more permanent fix can be made. City Engineer Brandon Jones stated the city adopted a five-year plan for an increase in water and storm drain rates. He suggested the city council increase the storm drain fee more than originally planned on July 1 due to the expensive projects the city needs to do. City Manager Green stated he will put the discussion of the fee increase for storm drain rates on the agenda during budget discussions. City Manager Green stated the biggest street project will be on Nicholls Road from the east side of the Ivory Homes project east to Highway 89. This project will have to be done in phases. He suggested the city start at the Ivory Homes project and go east to the golf course property as the first phase. The city is beginning to work on a master plan for the park and parking on Nicholls Road. He stated there will be some road resurfacing projects on city streets in the next five years. 5 City Manager Green stated the city has a water project planned on 1800 East, looping the water lines in front of the Franey property. The City Council has authorized the city attorney to begin condemnation proceedings against Mr. Franey, but the city is still attempting to negotiate a settlement. If a reasonable resolution cannot be reached by March 1, the city will move forward with the condemnation. Fruit Heights City Council Meeting February 21, 2011 City Engineer Brandon Jones stated the city is also working on a street realignment project where Hidden Valley Road approaches Highway 106 (Main Street). The developers of the Monte Bella subdivision in Kaysville did not align their road with Hidden Valley Road where it crosses Highway 106. There is also a trailer park access right next to Hidden Valley Road. The city is trying to do a realignment so it will all line up with the Monte Bella road. He hopes this will happen this summer. He is attempting to meet with UDOT regarding the project. 8. DEPARTMENT AND CITY OFFICIAL REPORTS A. City Engineer’s Report No report was made. B. City Planner’s Report No report was made. C. City Manager’s Report No report was made. D. City Council Members’ Reports Council Member Bette Hubrich reported she met with City Manager Brandon Green regarding Nicholls Park and she plans to meet next week with others regarding the plans for the park. The Utah League of Cities and Towns Policy Committee will support a bill that will allow counties, cities and towns to impose a local sales tax to bury utilities. E. Mayor’s Report Mayor Todd Stevenson reported the Shake Out was discussed at a recent Council of Governments (COG) meeting. It is hoped 700,000 people will participate in the mock disaster. Mayor Stevenson requested the citizens of Fruit Heights be encouraged to participate. He requested a video link concerning the Shake Out be linked on the city’s website. The Shake Out will be April 17, 2012, at 10:15 AM. 9. CLOSED MEETING 6 A closed meeting was not held. 10. ADJOURNMENT Council Member Eileen Moss made a motion to adjourn, seconded by Council Member Craig Hill. The meeting adjourned at 9:25 PM. Fruit Heights City Council Meeting February 21, 2011 I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit Heights City Council meeting held February 21, 2012. /s/Susan R. Cranford ____________________________ Susan R. Cranford Recording Secretary Date Approved by City Council: __March 6, 2012________ 7