City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road October 16, 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 Brandon Green gave a prayer for the opening ceremony. COUNCIL MEMBERS PRESENT: Council Members Diane Anderson, Don Carroll, Craig Hill and Bette Hubrich and Mayor Todd Stevenson. Council Member Eileen Moss entered the meeting at 7:15 PM. STAFF PRESENT: City Manager Brandon Green, City Engineer Brandon Jones, City Planner Jeff Oyler and Recording Secretary Susan Cranford VISITORS: Josh Hughes, Rebecca Bateman, Sheri Hamilton, Paul Starkey, Kelly Francis, LeeAnne Jackson, Michelle Cox, Dean Wade, Julie Treadwell, Steve Robinson, Sandy Logan, Nicole Williams, Nancy Hall, and Nick Mingo Agenda Item: 2. APPROVAL OF MINUTES OF MEETING – October 2, 2012 Council Member Don Carroll made a motion to approve the minutes of October 2, 2012, with amendments. Council Member Bette Hubrich seconded the motion and it passed unanimously by those in attendance. 3. SPECIAL PRESENTATIONS No special presentations were made. 4. NEW BUSINESS A. Discuss/Approve/Deny Orchard Farms Phase III Amended City Planner Jeff Oyler stated Ivory Homes is requesting a change to Phase III of the Orchard Farms Development. Phase III was previously approved by the city but it was never recorded. The proposal is to convert 16 townhome lots that back onto Nicholls Road into eight single family lots. The purpose of the request is because the 1 Fruit Heights City Council Meeting October 16, 2012 townhomes have not been selling well and there is a stronger interest in single family homes. The city faces the challenge of maintaining the nice streetscape design on Nicholls Road with the proposed change. Staff and the Planning Commission recommend approval of the change to Phase III. Nick Mingo of Ivory Homes showed the City Council elevation plans for the Chesapeake, Monaco and Avignon house plans and how the back yards will appear from Nicholls Road. Council Member Eileen Moss entered the meeting at this point of the meeting. Mr. Mingo stated landscaping and the irrigation system will be installed by Ivory Homes. The landscaping will be consistent along Nicholls Road. The homeowners will be required to maintain their back yards to standards set by the Homeowners Association. Mr. Mingo stated the Covenants, Conditions and Restrictions (CCRs) will prohibit accessory buildings, above grounds pools, trampolines, dog runs, batting cages, and gazebos. The fencing along the side yards is restricted to be consistent with the same style and color as the fence on Nicholls Road. Council Member Don Carroll made a motion to approve Orchard Farms Phase III with the enhanced landscaping, architectural enhancements and the required CCRs as presented. Council Member Craig Hill seconded the motion and it passed unanimously. B. Discuss/Approve/Deny Zoning Change to Accessory Building Structures 0:26:48 City Planner Jeff Oyler stated the current Zoning Ordinance allows detached accessory buildings to be constructed six feet to the rear of a home. Staff recommends approving a change to the ordinance to allow an accessory building to be built adjacent to a home on a lot that is over one acre in size, providing the lot is at least 150 feet wide. City Planner Oyler stated the Planning Commission held a public hearing on the proposed ordinance and recommends approval. Council Member Craig Hill made a motion to approve the change to the Zoning Ordinance for accessory building structures on lots over one acre. Council Member Don Carroll seconded the motion and it passed unanimously. C. Discuss/Approve/Deny Awarding Bid for Country Road Land Drain Project 0:36:02 City Engineer Brandon Jones stated this item was previously discussed by the City Council. On October 11 the bids for a new land drain on Country Road were opened. The design was changed to include a main line on both sides of Country Road. After consideration of the bids received, City Engineer Jones stated it appears it would be 2 Fruit Heights City Council Meeting October 16, 2012 cheaper to install laterals across the road as opposed to installing two individual main lines. The bids ranged from $206,061 to $357,986 including alternate proposals. Council Member Don Carroll stated he is not sure the city should get involved in this problem because he believes it is a private property issue and not a city issue. He stated he is uncomfortable thinking that the city will spend this kind of money on a project that is not in the budget and is not in an Enterprise Fund. He would like to know how much the residents on Country Road are willing to contribute towards this bid amount and where the city will pull the money from. He is also concerned with the precedent set if the city spends money in this neighborhood when the next private problem comes along in another part of the city. City Engineer Jones stated he believes the drainage problem will be solved with this land drain if all the residents on Country Road participate. He feels this situation warrants the city’s participation because this is an existing land drain line that the city has done some maintenance work on. The land drain has now failed and homes in the city are being flooded. City Manager Brandon Green stated he read the old minutes to find where the land drain was discussed by the City Council. The minutes do not specifically state the City required the land drain. City Manager Green stated that if this project is funded by the Storm Drain Fund, other storm drain projects will not be done this year. If the money comes out of the General Fund, street repairs or any other project in the city will be put on hold. Resident Dean Wade stated he has talked to the residents on Country Road. The problem is caused by the land drain being plugged. He stated that about 15 years ago the city began to flush out the line a couple of times a year. He does not believe this is a private water issue. He recalled that originally the Country Place Subdivision was not going to be part of Fruit Heights. The developer wanted to put it in Kaysville but Kaysville required him to put in a storm drain. The developer went to Fruit Heights and City Manager Alan Manning said Fruit Heights would accept the subdivision and require a land drain. He believes the city accepted the land drain and now has a responsibility for it. Council Member Eileen Moss inquired if the City Engineer has heard from the intercept water company she told him about. She stated she is wondering if there is a possibility of doing an intercept drain on Country Road and whether it would be effective and less costly. City Engineer Jones stated he has not heard back from the company. He stated there is no storm drain system in the road close to anything in that area. 3 Fruit Heights City Council Meeting October 16, 2012 Council Member Carroll stated he believes an intercept drain is worth pursuing before the city spends this much money. Council Member Diane Anderson stated she would like to get more information. She believes this is a city issue and the city will have to deal with land drain issues. Mayor Todd Stevenson stated timing is an issue because winter is coming. He stated the city may be paying for the poor judgment of an earlier City Council’s actions. He stated the city attorney has concluded that the city does have a responsibility for the land drain on Country Road. Council Member Bette Hubrich made a motion to table the Country Road land drain project and receive information considering an intercept drain and have a discussion with the residents of the area prior to the next City Council meeting. Council Member Diane Anderson seconded the motion and it passed unanimously. It was decided to hold a meeting at city hall prior to the next City Council meeting. The meeting will be an open house forum to show what the project is and to discuss costs and participation. 5. OLD BUSINESS Discussion on Recycling Program 1:25:10 Mayor Todd Stevenson stated the City Council has been having an ongoing discussion regarding adopting a recycling program in Fruit Heights. Staff gathered information from surrounding cities about their garbage collection, green waste and recycling. Mayor Stevenson sent an email to all the mayors in Davis County discussing the situation. Nine cities in the county that replied are doing curbside recycling. Cities with recycling had around 80 to 85 percent participation rates. The council reviewed the rates and systems of the recycling programs in other cities. Council Member Eileen Moss stated she believes that if Fruit Heights has a recycling program, there is no reason for the city to give a price break for a second garbage can. Mayor Stevenson presented a straw man proposal for Curbside Recycling to the council as a starting point for the council to consider. He recommended getting good public input from the residents by holding a public hearing and an open house to inform them about any proposal the city may consider regarding recycling. Council Member Don Carroll stated he would like the vendors to tell the city what their terms of their contract would be including what customer service they provide. He would like a business outline provided including how complaints are handled. He also would like to know what the costs to city staff will be. 4 Fruit Heights City Council Meeting October 16, 2012 Council Member Bette Hubrich stated residents have private recycling companies available now. She questioned if the City Council should now say everyone should be recycling by creating a city recycling program. She stated she pays a private contractor for curbside recycling and thinks everyone should recycle, but she doesn’t want to impose the program on all residents of Fruit Heights. Mayor Stevenson stated the council is trying to decide if the city wants to move forward with anything at the city level. The next step would be to get bids. Then, based on the bids and feedback from the public, the council can make the final decision on whether to get involved in a city recycling program. Council Member Carroll stated the comments he has received is that the residents feel it is the responsibility of the City Council to begin a recycling program. Mayor Stevenson stated the city will deliver a mailer to the public, schedule a public hearing and schedule an open house on recycling. If the city installs a recycling program, he suggested allowing the city manager to allow residents to discontinue service in hardship cases. Josh Hughes of Mountain West Curbside Recycling stated a business partner’s grandfather had a business in Cuba that was doing well until Fidel Castro took control of the country. The government seized his business and left his family with nothing. He use to feel that couldn’t happen in the United States but now he feels it could because of the recycling business he is trying to build serving individual homeowners. He stated his customers could be pulled from him with the vote of the city council. He doesn’t believe the government should be involved in anything except the bare essentials for the residents. His company deals will hardship cases and opting in and out of the program. His staff handles all customer service. He suggested the city get more involved in supporting anyone who wants to participate in a recycling program in Fruit Heights and let people chose who they elect to contract with. The free market will work out the other problems the city is considering. Steve Robinson of Robinson Waste stated that every city that has a recycling program has the same vendor hauling the garbage mainly because different vendors could have an effect on the efficiency of both companies. Council Member Craig Hill made a motion to move forward on a recycling program. Council Member Don Carroll seconded the motion. Council Member Hill stated that about 100 homes in the city take advantage of recycling now. Other cities that have a program have around 85 percent participation. The council owes it to the residents to give them an opportunity to band together. The cost is reduced to the residents if more homes are involved. 5 Fruit Heights City Council Meeting October 16, 2012 Council Member Diane Anderson stated she believes that waste management in all its forms is a responsibility of government. She stated she is sensitive to interfering with free enterprise but thinks that the Council needs to be concerned with the landfill situation and have a position on how the city will deal with all types of garbage. A vote was taken on the motion and it passed unanimously. Council Member Carroll made a motion to have staff draft a request for proposal soliciting multiple vendors to provide the city with information towards the city’s quest of entering into the recycling arena. Council Member Craig Hill seconded the motion and it passed unanimously. 6. CONSENT CALENDAR Check Register – September The check register for September was not available to the council. This matter was tabled. 7. DEPARTMENT AND CITY OFFICIAL REPORTS 2:22:50 A. City Engineer’s Report No report was made. The council questioned why a double yellow stripe was placed on North Mountain Road because they understand it is illegal to cross a double yellow line to turn into a driveway. B. City Planner’s Report No report was made. C. City Manager’s Report City Manager Brandon Green reported he is going to schedule a time for the City Council members to receive training on their new iPads at the Apple store. He will make arrangements for a group session but council member are welcome to make arrangements for an individual training session. Century Link continues to fight against co-locating their lines on North Mountain Road on Rocky Mountain poles. D. City Council Members’ Reports Council Member Eileen Moss reported a double yellow line has been painted on the road at the frontage road exit off of Bear Mountain Road on to Highway 89. She understood there would be two lanes for people exiting the frontage road and one for cars turning onto the frontage road. City Manager Green will take care of it. A meeting 6 Fruit Heights City Council Meeting October 16, 2012 will be held October 25 for Area Coordinators and Assistant Coordinators on the IC 700 NIMS (National Incident Management System) course. Council Member Bette Hubrich reported the legislative committee of the Utah League of Cities and Towns will soon begin. A couple of Trails Committee meetings were held recently and Kaysville residents would like an access to the trail on the north side of the project. The marking and cutting of the trail has begun. Council Member Don Carroll stated he would like the storm water rates on an upcoming City Council agenda. He would also like an item on the agenda to start discussion on a Land Drain Enterprise Fund. Council Member Diane Anderson reported she read a recent article about financing infrastructure projects. She will contact the author of the article. E. Mayor’s Report Mayor Todd Stevenson reported the Alternative Transportation Committee on the Wasatch Regional Front Council has grant money available for pedestrian and bicycle trails that may be used in the new trail at Nicholls Park. He suggested the city make an application for the trail. City Engineer Brandon Jones stated he will look into it. Mayor Stevenson reported the council has been invited to meet with the Davis County Superintendent of Schools on November 12 for a breakfast meeting at their office. He reported Senator Orrin Hatch’s office has added an amendment to SB 3525 that would convey 100 acres of U. S. Forest Service land to Fruit Heights City. 8. CLOSED MEETING A closed meeting was not held. 9. ADJOURNMENT Council Member Craig Hill made a motion to adjourn, seconded by Council Member Eileen Moss. The meeting adjourned at 10:16 PM I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit Heights City Council meeting held October 16, 2012. /s/ Susan R. Cranford _____________________________ Susan R. Cranford 7 Recording Secretary Date Approved by City Council: ____November 8, 2012 8