City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road November 30, 2021 WELCOME: Mayor John Pohlman called the meeting to order at 7:02 pm. PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by Council Member Jeanne Groberg, and the meeting was opened with Council Member Eileen Moss offering a word of prayer. COUNCIL MEMBERS PRESENT: Council Members Diane Anderson, Gary Anderson, Julia Busche, Jeanne Groberg, Eileen Moss and Mayor John Pohlman were all present. CITY STAFF PRESENT: City Manager Brandon Green, City Planner Jeff Oyler, Public Works Superintendent Darren Frandsen and City Engineer Brandon Jones were present. VISITORS: Nancy Dean, Andrew Hortmann, Susan Webster, Todd Webster, Keith Dickson, Carrie Dickson, Paula Stephenson, Chuck Stephenson, Jim Morgan, Fred Bergoud, Ruth Manning, Kyle Manning, Scott Justensen, Matt Lowe, Steve Drosle, Earl Reynard, Ashley Haugo, Blaine Spendlove, AJ G, Maddie Morris, Kristi Stringham, Mark Smith, Susan Smith, George Ray, Florence Sadler, Tyrell J. Wall, Ted Spendlove, Lisa Spendlove, Emma Jones, Ed Wolf, Lisa Wolf, Manuel Cervantes and Diane Clift were present. 3 MINUTE CITY COUNCIL TRAINING: Council Member Gary Anderson focused his comments on how elections are canvassed. He explained that canvassing means taking a tally of all the votes in an election. He explained that the County Auditor has the responsibility and authority to canvass all Fruit Heights City elections. He cautioned that early election results reported by the media can be inaccurate. He clarified that the City Council does not canvass elections but is responsible to certify the results of each canvassed City election. CONFLICT OF INTEREST: Council Member Gary Anderson stated that he may have a potential conflict of interest. He reported that his property borders the property that is being discussed at this meeting and has the potential to possibly profit or lose from the outcome of the development. SPECIAL PRESENTATION: Youth City Council (YCC) Emma Jones and Maddie Morris reported on the upcoming activities for the YCC. The activities included a City-wide Food Drive that will be delivered to the Bountiful Food Pantry on December 18 and a Legislative Day on January 19. PUBLIC HEARING: Mayor John Pohlman opened the meeting to a Public Hearing to receive public comment on the proposed Development Agreement for Rock Loft Ridge Estates. Kristi Stingham had a question about the City acquiring property from Haights Creek for a crossing in the development. She also had concerns about the lot layout and how that related to the geological hazards, and the setback requirements of the development. City Manager Brandon Green, Steve Justensen and Mayor John Pohlman all addressed her concerns. Keith Dickson had concerns about how 1800 East will be extended and its effect on traffic and safety in the area. He also wanted to be assured that his current driveway would not be affected. City Manager Brandon Green and City Planner Jeff Oyler both commented that they do not have a preliminary or final plat approval and that the final plat will be his assurance. Fred Bergoud wanted to know if the development would be based on Fruit Heights’ original standards. City Planner Jeff Oyler explained that the development is zoned with the largest lot size the City will allow. Council Member Eileen Moss confirmed that nothing was changed in the City zoning to accommodate this development and Scott Justensen explained the setbacks from the forest land. Manuel Cervantes said he works in construction and sees buildings settle after they are constructed. He wanted to know who would ensure that the construction in the new development is done correctly. Mayor John Pohlman and Council Member Gary Anderson pointed out that a third-party expert will review everything before and during construction and that the future residents will need their own geotechnical engineer reports as well. Kyle Manning reported that his farm backs up to the proposed development. He was concerned about a service road that comes off the mountain down through his orchard. Scott Justensen assured him that the road will be in a restricted area and will not be used. Scott Justensen also said that they would establish vegetation to put a stop to any traffic. Kyle Manning also talked about a large boulder that is on the property and that there had been attempts to remove it in the past. Ashley Haugo reported that she was concerned about the traffic on 1800 East and wanted to know what would be done to mitigate the impact to the people who live on 1800 East. Mayor John Pohlman, Council Member Julia Busche and Scott Justensen all responded to her concerns. Ashley Haugo concluded by saying she hopes that consideration will be taken when establishing access roads and entry points into the new subdivision. Keith Dickson asked about the studies that had been done concerning sidewalks on East Oaks Drive. The City Council responded as well as Engineer Brandon Jones about the impact the sidewalks would have on the residents on that street since many of their homes are built very close to the street. Engineer Brandon Jones said that they could possibly be considered again at some point if the residents were ok with the impact. Ed Wolf was concerned about the increase in traffic with the new road that would connect from 1800 East to Terrace Drive. The City Manager and the City Council responded to his concerns and mentioned the traffic studies and reasons why there will not be a road to the subdivision off of Mountain Road. Council Member Diane Anderson made a motion to close the Public Hearing. The motion was seconded by Council Member Jeanne Groberg and it was approved unanimously. CITY BUSINESS: Review/Discuss/Approve/Deny Rock Loft Ridge Estates Development Agreement Following the public hearing, there were no further comments, questions or discussion about the proposed Rock Loft Ridge Estates Development Agreement. Council Member Diane Anderson made a motion to approve the Rock Loft Ridge Estates Development Agreement. The motion was seconded by Council Member Julia Busche and it was approved unanimously. Review/Discuss/Approve/Deny Matt Lowe’s Request to Reclaim Old Mine Site along East Bench The City Council was provided with photos of the historic mine site previous to the meeting. City Manager Brandon Green explained that Matt Lowe and his team took down the mine last year. Matt Lowe would like to start reclaiming the property. Matt Lowe reported that he would like to remove the remaining concrete, debris and trash. He would also grade the area and do some remediation work in the mine area including a fill process. He feels like it would be a positive thing for the community and would like to return it to the natural grade previous to the mine. City Engineer Brandon Jones recommended that Matt Lowe provide the City with a grading plan and have a preconstruction meeting with the City Engineer and the geotechnical engineer involved. He also recommended doing the fill in “lifts” —dirt brought in smaller layers. Council Member Julia Busche proposed the request be tabled until the planning work is complete with the City. City Engineer Brandon Jones explained that it could be approved with the condition that Matt Lowe work only with City staff approval. Mayor John Pohlman commented that he was worried that this approval could open Pandora's box. He said that he would not want the developers to start putting in roads, staking out lots and having a free pass for moving dirt around. City Manager Brandon Green replied that the risk is low for that to happen. A motion was made by Council Member Eileen Moss to approve the request subject to all plans and activity be approved by the City Engineer and with geotechnical engineer involvement. Council Member Diane Anderson seconded the motion. Then Council Member Gary Anderson made an alternative motion that the City Council would review the plans first made by Matt Lowe before moving forward with formal approval of the request. City Engineer Brandon Jones commented that he was comfortable that the developer would not go beyond the limits of the mine and what the project entails. Council Member Julia Busche stated that it was never a working mine —it was a concrete facade that was a fraud and a fake. After more discussion about homes being built on the site and geotechnical requirements for each home – Mayor John Pohlman returned to the original motion: Council Member Eileen Moss made a motion to approve Matt Lowe’s Request to Reclaim Old Mine Site along East Bench subject to all plans and activity be approved by the City Engineer and with geotechnical engineer involvement. The motion was seconded by Council Member Diane Anderson and it was approved four to one with Council Member Gary Anderson being the dissenting vote. Gary Anderson’s alternative motion was not addressed because of the approval of the original motion. Mayor John Pohlman took some time to thank everyone in attendance. REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: City Council Meeting November 16, 2021 City Council members briefly discussed the draft minutes that previously had been provided to them for the November 16, 2021 City Council Meeting. Council Member Jeanne Groberg stated that she added some visitors’ names to the minutes. Council Member Diane Anderson made a motion to approve the minutes for the November 16, 2021 City Council meeting. The motion was seconded by Council Member Gary Anderson and it was approved unanimously. Minutes for the November 4, 2021 City Council Meeting were not received or addressed. PUBLIC COMMENTS: TJ Wall lives on 1800 East and is concerned about getting rid of the current parking lot at the bike track and creating a new one by the animal shelter. He feels people will still park on the street if the parking lot is removed. It would be a negative to remove the parking lot. INFORMATION ITEMS/UPCOMING EVENTS: Mayor John Pohlman reviewed the upcoming events including: December 7, 2021 - City Council Meeting and City Staff Social December 12, 2021 - City Community Christmas Event including a sock and food drive CITY COUNCIL & STAFF REPORTS: Council Member Jeanne Groberg appreciated the YCC and their efforts in the Food Drive. Public Works Superintendent Darren Frandsen gave an update on UDOT’s progress, has equipment ready for the season and also discussed pothole and lighting repairs. He reported that a lot of the lights that are out are owned by Rocky Mountain Power and approval is needed before they can be repaired. A final discussion was had about the length of time the Rock Loft Ridge Estates project has required. The geotechnical study and the development agreement have taken an extraordinary amount of time in order to be careful and to get it right. Council Member Julia Busche made a motion to adjourn the meeting. Council Member Jeanne Groberg seconded the motion. It was approved unanimously, and the meeting was adjourned at 8:22 pm. I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit Heights City Council Meeting held November 30, 2021. Not approved until signed. /s/ Brandon Green Brandon Green, City Recorder Date approved by City Council: January 4, 2022