City Council Agendas & Minutes

Minutes City Council Meeting Fruit Heights City 910 South Mountain Road August 5, 2014 FRUIT HEIGHTS CITY COUNCIL MEETING, AUGUST 5, 2014 City Council Meeting was called to order by Mayor Don Carroll at 7:06 pm. The Pledge of Allegiance was led by Julia Busche and Craig Hill gave a prayer for the opening ceremony. COUNCIL MEMBERS PRESENT: Council Members Diane Anderson, Julia Busche, Craig Hill, Scot Poole and Mayor Don Carroll were present. Council Member Eileen Moss was excused. STAFF PRESENT: City Manager Brandon Green, City Engineer Brandon Jones, City Planner Jeff Oyler, Substitute Recording Secretary Kelli Rollins VISITORS: Mat Lyman, K’Lyn Lyman, Taylor Spendlove, Linda Arnell, Colin Wright, Ryan Arnell, Christine Gailey, Arlyn Bradshaw, Clint Thacker, Tracy Roddom, AGENDA ITEM: 2. APPROVAL OF MINUTES OF PREVIOUS MEETING: JULY 15, 2014 Council Member Craig Hill made a motion to approve the minutes of July 15, 2014, with corrections. Council Member Diane Andersen seconded the motion and it was approved unanimously. 3. SPECIAL PRESENTATIONS- Items from the Public Mat Lyman, chairman of Founder’s Day was invited to comment on the successful event. He mentioned Craig Hill, Monty Mongomery, Darren Frandsom, Brian Law, Ron and Lynette Anderson, Terry and Marguerite Stephens and others from the committee were what made it so successful. Specific Items mentioned: Lisa Larsen to get thumb drive to Council Member Julia Busche for website pictures, grateful for roped off parking lot, loved that it was free and food was small charge, great entertainment, like that local vendors were used, good variety of ages, everyone so helpful and gracious. The Council thanked the Lymans for their hard work. The Lymans then left the meeting.  August 5, 2014 4. NEW BUSINESS 4.1 Discuss/approve/deny final plat approval for Orchards at Country Lane City Engineer Brandon Jones stated that the planning commission is proposing that the council approve the final plat for the Orchards at Country Lane. The proposal would clean up the intersection at Green and Country Lane. The question was raised about the Arnold’s who own the property adjoining the proposed plat. They have been working with the developer and will get a triangle of property behind plot 106 to access their property. Another issue was raised the Naylor’s who own the other piece of property and they will need to choose either to access their barn by changing their driveway or arranging with the Arnold’s. They will also be working out the details for the fence separating the property with the developer. One concern that was mentioned was that the Council at some future point may need to look at the possibility of renaming some streets for ease of use by emergency services and future citizens. The council is only voting on the approval on the final plat. Council Member Julia Busche made a motion to approve the final plat for Orchards at County Lane subject to staff recommendations. Council Member Scot Poole seconded the motion. A vote was taken and passed with all aye’s. 4.2 Discuss/approve/deny adoption at approximately 872 Nicholls Road, Fiddlers Green of Ordinance 2014-05 City Planner Jeff Oyler propsed that the city council vote to approve the rezone request of 5.44 acres at approximately 872 Nicholls Road, Fiddlers Green from A-1 to R-1-8. This proposal addresses the concerns of the11 lots. Some of the lots are large enough that people would want to subdivide. There was some discussion about the sewer line, water line and flip-flopping the cul-de- sac to take advantage of the already existing sewer line. Concern was raised about how lot 106 would be accessed. The City Planner reminded the council they were only approving the rezone not any of the layout. Questions about the cul-de-sac backing up to the golf course were raised by Mayor Don Carroll. Hazard Insurance, trespassing, liability of gold course and liability of the city were discussed. Jeff Oyler mentioned that according to the city attorney the golfer is responsible for all damage. Council Member Julia Busche mentioned that the county 2  August 5, 2014 researched putting up a big net but came to the conclusion that it is the golfer’s responsibility. Council Member Scot Poole mentioned signs are posted to inform them and Brandon Green mentioned that they had shifted the tee so it was hitting in a more westerly direction. Mayor Carroll questioned if the description was well written and Jeff Oyler assured him it was clear that this would approve 11 lots with the understanding that the zoning reverts back if they don’t live up to the restrictions. Council Member Craig Hill made a motion to approve the adoption of Ordinance 2014.05 to rezone 5.44 acres from A-1 to R-1-8 contingent on the staff recommendation of no more than 11 single family lots and if it fails it will revert back to A-1 zoning. Council Member Diane Anderson seconded the motion and it was approved with all “ayes”. Mayor Don Carroll recognized Clint Thacker from Davis County Animal Services had come in later and was left off the agenda and gave him time to speak to the council. Mr. Thacker introduced Arlyn Bradshaw from Best Friends Society. Mr. Bradshaw presented the idea of the “No Kill Animal Shelter” which has been adopted by the county and some of the cities in the county already. The program captures community cats, sterilizes, vaccinates, ear tips and releases them back to where they were captured. This is done at no cost to the city. The benefits include increased health, safer communities, reduced nuisance complaints, and reduced colony sizes. “Catch and Kill” is the current program and it creates a vacuum affect where the feral cats over reproduce which leads to bigger colonies, more complaints. Salt Lake County has already seen results. Council Member Diane Anderson asked about the impact on the mice population and Mr. Bradshaw was going to check. Mayor Carroll asked if the county is already supporting this what does the city need to do. Mr. Thacker mentioned that 3 years ago the county held off but now 3 commissioners are on board. The city needs to adopt so they can set the traps in the city. Mayor Carroll requested that it be put on the agenda so it can be discussed. Brandon Green will make sure it is on the next meeting’s agenda. 4.3 Discussion on consideration of Franchise Fees/ Taxes for service providers installing services within Fruit Heights City Rights- of Way City Manager Brandon Green discussed that Syringa is requesting to lay fiber optic cables through our streets and the agreement is all drafted and City Attorney Todd Godfrey mentioned the franchise tax that is used to offset the cost of digging up roads and road repairs. Fruit Heights is the only city in the county not collecting this tax. Council Member Scot Poole inquired as to what fees were included. Brandon Green said we need to pursue and put the research together to find out what percentage. 3  August 5, 2014 Comcast is already being collected but Rocky Mountain Power, Century Link and Questar would be included. Council Member Craig Hill inquired as to the collection responsibility which according to Brandon Green would be collected by the state and paid to the city monthly. Council Member Julia Busche wondered about the people being billed and Mayor Carroll mentioned he wouldn’t be surprised if it was already being billed to the customers and collected by the state. Some may have gone to Kaysville with the same zip code. Council Member Scot Poole inquired about collecting from Kaysville but Council Member Craig Hill that Kaysville probably didn’t even know they were getting Fruit Heights money. Brandon Green mentioned the Post Office is going to be able to separate the zip codes based on address location. The council determined that more research needed to be done and Brandon Green would follow up with the staff and the city attorney. Mayor Carroll inquired about checking on past rebates and Council Member Scot Poole asked if there were any other fees or taxes Fruit Heights was missing. Mayor Carroll mentioned the Utility Tax which Brandon Green mentioned that we were the only city not collecting. Council Member Craig Hill mentioned that the city willingly neglected to tax the bill of the residents. Mayor Carroll stated that we looked at it and chose not to collect. Council Member Scot Poole mentioned that Fruit Heights does not have a large commercial base and if that we don’t look to these fees we have no revenue. Mayor Carroll pointed out that we were the most justified to take advantage of these fees. Brandon Green agreed that we should look at these fees again at a future date. 5. UPCOMING CALENDAR OF EVENTS Community Work Day @ Nicholls Park Trail September 27, 2014 Council Member Julia Busche corrected the date to the 27th of September. She mentioned the great interest and excitement at Founder’s Day. The geocaching game had 100 people of all ages participate. It is a trail of quality and beauty thanks to Darren, Steve, Jeff, Brandon and the staff. Many Eagle Projects have also helped. Five people from the community have sponsored a tree. Brandon Green mentioned that the community efforts have advanced the trail project by a year. Council Member Scot Poole talked about the excitement of being able to connect with other trails. Mayor Don Carroll would like the county to see the trail and maybe they would be willing to contribute some county money to the project. Brandon Green proposed that at the next council meeting we invite the county people to meet down at the trail at 6:30. Council Member Scot Poole mentioned having wood chips down and Brandon said he would get it done. Council Member Craig hill suggested that the Inter-local 4  August 5, 2014 Agreement that the council voted against should be put on the agenda in a spirit of comradery. It was suggested that Brandon Jones be there to show them what Nicholls Road will do. Council Member Craig Hill questioned the agreement that deeded the golf course land to them and if there was a way to end that agreement and Brandon Green mentioned it was something similar to $1 a year for 100 years and that he would check with the city attorney. 6. DEPARTMENT AND CITY OFFICIAL REPORTS a. City Engineer’s Report City Engineer Brandon Jones reported that he had researched some street managing software and the best that he found was one called iWorQ based in Logan. It tracks building permits, pavement management, crack, seal, chips, which years things were done and anything else we would need. They would even come evaluate our roads. It is cloud based. He would like to get more information and then talk about funding. Mayor Carroll told him to work with Council Member Scot Poole. City Engineer Brandon Jones needed to leave at this point. b. City Planner’s Report No report was given. Council Member Scot Poole had a question for Jeff Oyler regarding the viability of the city adding the conduits they need as the developers open up these new subdivisions to install all of the other cables. Jeff agreed it would be cheaper and easier to do it where possible. c. City Manager’s Report Brandon Green brought up the issue that is happening in Fruit Heights where investors are buying multiple homes and renting them. The City Attorney says they need to pay for a business license and also sign a Landlord agreement. The Landlord agreement guarantees that certain criteria are met. Concerns were raised about temporary rentals, how to track the home owner, holding the landlord responsible. Brandon Green will work out the details with the City Attorney and the planning commission. d. City Council Member’s Reports Council Member Diana Anderson expressed appreciation for pot holes being filled and asked for council to put the word out about youth ages 14-17 applying for youth city council. Council Member Julia Busche requested a city facilities tour before fall. Brandon Green will schedule one for the first week in September. 5  August 5, 2014 Council Member Scot Poole mentioned crumbling curbs and approaches from the snow plows and expressed appreciation for city council and staff. e. Mayor’s report Mayor Carroll voiced the need for the City Attorney to come do an ethics and liability training for the council. Brandon Green will arrange. He mentioned street lights are out and Brandon Green expressed that they have requested Black McDonald to replace but they are busy. Jeff Oyler suggested a private company out of Salt Lake who does it at a fraction of the cost. He will get that information to Brandon Green. Mayor Carroll also expressed appreciation for a wonderful Founder’s day. 7. ELECTRONIC MEETING An electronic meeting was not held. 8. CLOSED MEETING A closed meeting was not held. 9. ADJOURNMENT: Council Member Diane Anderson made a motion to adjourn, seconded by Council Member Craig Hill. The meeting adjourned at 9:13 pm. I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit Heights City Council meeting held June 19, 2014. Not approved until signed Kelli Rollins Date approved by City Council: 6