City Council Agendas & Minutes

FRUIT HEIGHTS CITY COUNCIL MEETING December 6, 2022, Fruit Heights City Council Chambers 910 S Mountain Road Fruit Heights City, UT 84037 6:00 P.M. CITY COUNCIL MEETING: Meeting is being held at 6:00 pm due to the City Council Christmas Party 1. WELCOME: MAYOR JOHN POHLMAN 1.1. Pledge of Allegiance and Opening Ceremony (By Invitation) 1.2. Roll Call 1.3. City Council Training: City Council Member 2. DECLARATION OF CONFLICT(S) OF INTEREST 2.1. SPECIAL PRESENTATION(S) 3. PUBLIC COMMENTS – The public may address the mayor regarding issues that are not on the agenda. We ask that you please limit your comments to 3 minutes. No action may be taken on any item not on the agenda 4. CITY BUSINESS: 4.1. Review/Discuss/Approve/Deny Amendment to Baer Canyon Estates Subdivision. 4.2. Review/Discuss/Approve/Deny Amendments to the Animal Care and Control Ordinance 4.3. Review/Discuss/Approve/Deny Interlocal Agreement between Fruit Heights City and Davis County 5. ELECTRONIC MEETING: By motion of the Fruit Heights City Council, Elected Officials and City Staff can participate in regularly scheduled meetings via electronic media when approved by the mayor. Fruit Heights City is now streaming City Council Meetings on its YouTube Channel. Please use the link below to join us! https://www.youtube.com/channel/UCaIqHYd0U5RCpaDo8rquABw 6. ADJOURNMENT: CERTIFICATE OF POSTING I HEREBY CERTIFY that a copy of this agenda was posted on the City’s website, www.fruitheightscity.com, as well as posted on the Utah State public notice website http://www.utah.gov/pmn/index.html, and was emailed to at least one newspaper of general circulation within the jurisdiction of the public body. R. Brandon Green R. Brandon Green - City Recorder In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should contact the City Manager, Brandon Green at (801)546-0861, at least 24 hours prior to the meeting.  INTERLOCAL COOPERATION AGREEMENT BETWEEN DAVIS COUNTY AND FRUIT HEIGHTS CITY PROVIDING FOR MAINTENANCE AND USES OF THE CITY OWNED STORM WATER DETENTION BASIN ADJACENT TO THE GOLF COURSE THIS AGREEMENT (“Agreement”) is made and entered into as of the ____ day of , 2022, between DAVIS COUNTY, and FRUIT HEIGHTS CITY, hereinafter collectively referred to as the “Parties” and sometimes individually as a “Party.” WITNESSETH: WHEREAS, Title 11, Chapter 13 of the Utah Code Annotated, 1953, as amended, authorizes contracts between public agencies for the performance of any governmental service or activity which each public agency is authorized to perform and agreements for joint or cooperative action between such agencies; and WHEREAS, Davis County via UDOT is in the process of conveying ownership of Pond G (see attached exhibit A) to Fruit Heights City; and WHEREAS, Pond G is a detention basin that will receive storm water runoff from UDOT roads and Fruit Heights City Roads; but shall be maintained as a detention basin by Fruit Heights City; and WHEREAS, the underlying ground of Pond G was formerly part of the Davis Park Golf Course Driving Range; and WHEREAS, Davis County desires to reincorporate the area of Pond G into its Davis Park Golf Course Driving Range (“Range”); and WHEREAS, Fruit Heights City, does not oppose Pond G being re-incorporated into the Range; and WHEREAS, each of the Parties hereto are governmental entities located within Davis County, State of Utah and are empowered to own, operate and maintain storm water infrastructure and facilities for the benefit of their citizens; and WHEREAS, proper and adequate maintenance of Pond G provide a benefit to the Parties hereto and to members of the public; and WHEREAS, the Parties desire to allocate certain maintenance responsibilities among the Parties in conjunction with maintaining and operating Pond G (see attached exhibit B); and WHEREAS, the Parties desire to reduce their respective understandings and agreement to writing;  NOW, THEREFORE, in consideration of mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in compliance with and pursuant to the terms and provisions of the Interlocal Cooperation Act referred to hereinabove, the Parties hereby agree as follows: 1. INITIAL LANDSCAPTING AND ONGOING MAINTENANCE SERVICES TO BE PERFORMED BY DAVIS COUNTY. Davis County hereby agrees at its sole cost and expense to install all landscaping required in order to incorporate Pond G into the Range. 2. FRUIT HEIGHTS CITY’S RIGHT TO REVIEW. Davis County agrees to provide a landscaping plan to Fruit Heights City, prior to beginning any installation of grass, irrigation, or other landscaping elements. This review is to ensure that the primary purpose of Pond G will not be compromised by the landscaping plans of Davis County. 3. NOT DISTURANCE. Davis County agrees it will not disturb the grading without prior written consent from Fruit Heights City. Davis County acknowledges that the primary purpose of POND G is to detain storm water, and any other purpose is secondary to the primary purpose. 4. CITY OBLIGATIONS. Fruit Heights City shall have the sole responsibility to maintain the storm water infrastructure coming into and out of Pond G. 5. ASSIGNMENT. This Agreement is not assignable. 6. RESPONSIBILITY FOR EMPLOYEES. Each Party shall be responsible for and shall defend the actions of its own employees and/or contractors or subcontractors, negligent or otherwise, performed pursuant to the provisions of this Agreement. Each Party shall be solely responsible for providing workers’ compensation, wages and benefits for its own personnel who provide any assistance under the terms of this Agreement. 7. LIABILITY AND INDEMNIFICATION. Each Party hereto agrees to indemnify and hold the other Party harmless from any claim, injury, or damages arising out of or connected with the acts or omissions of such Party or its employees or any activities of such Party contemplated under the terms of this Agreement. Each Party agrees to obtain and maintain general liability and property damage insurance, or similar coverage, during the term of this Agreement with coverage in amounts deemed adequate by such Party. 8. DURATION OF AGREEMENT. This Agreement shall continue and remain in full force and effect, as evidenced by a Permanent Access and Maintenance Easement and Agreement to be executed and recorded in the Office of the Davis County Recorder to inure and run with the land. (see exhibit B) 2  9. NO SEPARATE LEGAL ENTITY. No separate legal entity is created by the terms of this Agreement. To the extent that this Agreement requires administration other than as set forth herein, it shall be administered by the Manager(s) or Administrator(s) of Fruit Heights City and the Community and Economic Development Director of Davis County, acting as a joint board. There shall be no real or personal property acquired jointly by the Parties as a result of this Agreement. 10. ATTORNEY REVIEW. This Agreement shall be submitted to the authorized attorney for each Party for review in accordance with § 11-13-202.5 of the Utah Code Annotated, 1953, as amended. 11. SEVERABILITY. If any portion of this Agreement is held unenforceable or invalid for any reason by a court of competent jurisdiction, the remaining provisions hereof shall continue in full force and effect. 12. THIRD PARTIES. This Agreement is not intended to benefit any person or entity not named as a Party hereto. 13. BREACH. If any Party fails to perform its obligations hereunder or to comply with the terms hereof, the non-defaulting Party shall have all rights and remedies available at law and/or in equity. 14. COOPERATION. It is the intent and desire of the Parties hereto to cooperate in carrying out the terms of this Agreement in order to achieve a coordinated maintenance of Pond G as set forth in this Agreement and to minimize disruption and unnecessary expense for the Parties hereto. 15. PRIVILEGES AND IMMUNITY. Officers and employees performing services pursuant to this Agreement shall be deemed to be officers and employees of the Party employing their services even if performing functions outside of the territorial limits of such Party, and shall be deemed officers and employees of such party under the provisions of the Utah Governmental Immunity Act. Nothing in this Agreement shall be construed to waive any of the privileges and immunities available to any of the Parties under the Governmental Immunity Act as set forth in §§ 63G-7-101, et. seq. of the Utah Code Ann., as amended. 16. RESOLUTION. The governing body of each of the Parties hereto shall adopt a resolution authorizing said Party to enter into this Agreement and copy of such resolution shall be attached hereto and by this reference be made a part hereof. 17. AMENDMENT. This Agreement may be amended only in writing signed by the Parties hereto. 3  IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their respective, duly authorized representatives as of the day and year first hereinabove written. FRUIT HEIGHTS CITY ATTEST: By: By: Brandon Green, City Recorder John Pohlman, Mayor DAVIS COUNTY ATTEST: By: By: Curtis Koch, Randy B. Elliott Davis County Clerk/Auditor Chair, Board of Davis County Commissioners Reviewed as to Proper Form and Reviewed as to Proper Form and Compliance with Applicable Law: Compliance with Applicable Law: Fruit Heights City Attorney Davis County Attorney’s Office 4 WHEN RECORDED, MAIL TO: Davis County PO Box 618 Exhibit “A” Farmington, Utah 84025 Also: Fruit Heights City 910 South Mountain Road Fruit Heights, Utah 84037 Quit Claim Deed (COUNTY) Tax ID No. 07-080-0129 Davis County PIN No. 13821 Project No. S-0089(406)398 Parcel No. 0089:297:C Davis County , a body corporate and politic of the State of Utah, Grantor, hereby QUIT CLAIMS to Fruit Heights City, Grantee, at 910 South Mountain Road, Fruit Heights City, Utah 84037, for the sum of TEN ($10.00) Dollars, and other good and valuable considerations, the following described parcel of land in Davis County, State of Utah, to-wit: A parcel of land in fee, being part of an entire tract of property, situate in the SW1/4 NW1/4 Section 1, Township 3 North, Range 1 West, Salt Lake Base and Meridian, for the widening of existing US-89, known as Project No. S-0089(406)398. The boundaries of said parcel of land are described as follows: Beginning at the intersection of the southerly boundary line of said entire tract and the westerly right of way line of a frontage road of said Project, which point is 711.91 feet East along the Quarter Section line from the West Quarter corner of said Section 1; and running thence along said southerly boundary line the following three (3) courses and distances: (1) West 3.50 feet; (2) thence N.00°02'52"W. (Record N.00°00'09"E.) 10.00 feet to a fence corner and land conveyed in Quit Claim Deed recorded as Entry No. 1475457 of the official records of the Davis County Recorder; (3) thence N.89°59’57”W. (Record N.89°56'56"W.) 167.05 feet along said Quit Claim Deed and existing fence line to a point 317.94 feet radially distant westerly from the US-89 right of way control line of said Project, opposite approximate Engineers Station 1090+42.77; thence N.00°23'17"W. 166.85 feet to a point of curvature of a curve to the left with a radius of 4800.00 feet at a point 315.29 feet radially distant westerly from the US- 89 right of way control line of said Project, opposite Engineers Station 1092+16.85; thence northerly along said curve with an arc length of 260.50 feet, chord bears N.01°56'34"W. 260.47 feet to a point 310.87 feet radially distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1094+85.74; thence S.86°30'13"W. 40.00 feet to a point 350.87 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1094+85.74; thence N.03°29'47"W. 310.00 feet Continued on Page 2 COUNTY RW-05CO (12-01-03) Page 2 PIN No. 13821 Project No. S-0089(406)398 Parcel No. 0089:297:C parallel with said right of way control line to a point 350.87 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1097+95.74; thence N.86°30'13"E. 210.50 feet to said westerly right of way line of a frontage road of said Project at a point 140.37 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite approximate Engineers Station 1097+95.74; thence along said westerly right of way line the following three (3) courses and distances: (1) S.03°29'47"E. 310.11 feet to a point of curvature of a curve to the right with a radius of 4970.50 feet; (2) thence southerly along said curve with an arc length of 269.64 feet, chord bears S.01°56'32"E. 269.61 feet; (3) thence S.00°23'17"E. 178.00 feet to the point of beginning as shown on the official map of said project on file in the office of the Utah Department of Transportation. The above described parcel of land contains 139,038 square feet in area or 3.192 acres. (Note: Rotate above bearings 00°07’41” clockwise to equal NAD83 Highway bearings) Continued on Page 3 COUNTY RW-05CO (12-01-03) Page 3 PIN No. 13821 Project No. S-0089(406)398 Parcel No. 0089:297:C This instrument is made in pursuance of a sale of said real property, authorized by an order of the Board of County Commissioners of said County, made on the day of , A.D. 20 , and vesting in the Grantee all of the title in said real property. DAVIS COUNTY DAVIS COUNTY ______________________ ______________________ Curtis Koch Randy B. Elliott, Chair Davis County Clerk/Auditor Davis County Commission Reviewed and Advised as to ATTEST: Form and Legality ___________________________ ___________________________ Michael Kendall Curtis Koch Davis County Deputy Attorney Davis County Clerk/Auditor Acknowledgment State of Utah ) )§ County of Davis ) On this _______ day of ____________, in the year _____, before me ___________________________, a notary public, personally appeared Curtis Koch and Randy B. Elliott, proved on the basis of satisfactory evidence to be the persons whose names are subscribed to in this document, and acknowledged they executed the same in the capacities as Davis County Clerk/Auditor and Davis County Commissioner/Executive, respectively. __________________________________ Notary Public Prepared by SKP 09/01/2021 (Horrocks Engineers) 43th Partial COUNTY RW-05CO (12-01-03) Revised by MWW 03/02/2022 (added language per Davis County) Revised by MWW 07/07/2022 (updated language to signature page per Davis County) WHEN RECORDED, MAIL TO: Exhibit “B” Davis County PO Box 618 Farmington, UT 84025 PERMANENT ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT Fruit Heights City, a municipal corporation of the State of Utah, including successors and assigns, with an address of 910 South Mountain Road, Fruit Heights, Utah 84037 (“Grantor”), hereby grant and convey to Davis County, a political subdivision of the State of Utah, and its successors and assigns (“Grantee”), for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, a permanent easement, as set forth herein, over, under, in, along, across, and upon the following described real property located in Fruit Heights City, Davis County, State of Utah: A parcel of land situate in the SW1/4 NW1/4 Section 1, Township 3 North, Range 1 West, Salt Lake Base and Meridian, for the widening of existing US-89, known as Project No. S-0089(406)398. The boundaries of said parcel of land are described as follows: Beginning at the intersection of the southerly boundary line of said entire tract and the westerly right of way line of a frontage road of said Project, which point is 711.91 feet East along the Quarter Section line from the West Quarter corner of said Section 1; and running thence along said southerly boundary line the following three (3) courses and distances: (1) West 3.50 feet; (2) thence N.00°02'52"W. (Record N.00°00'09"E.) 10.00 feet to a fence corner and land conveyed in Quit Claim Deed recorded as Entry No. 1475457 of the official records of the Davis County Recorder; (3) thence N.89°59’57”W. (Record N.89°56'56"W.) 167.05 feet along said Quit Claim Deed and existing fence line to a point 317.94 feet radially distant westerly from the US-89 right of way control line of said Project, opposite approximate Engineers Station 1090+42.77; thence N.00°23'17"W. 166.85 feet to a point of curvature of a curve to the left with a radius of 4800.00 feet at a point 315.29 feet radially distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1092+16.85; thence northerly along said curve with an arc length of 260.50 feet, chord bears N.01°56'34"W. 260.47 feet to a point 310.87 feet radially distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1094+85.74; thence S.86°30'13"W. 40.00 feet to a point 350.87 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1094+85.74; thence N.03°29'47"W. 310.00 feet parallel with said right of way control line to a point 350.87 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite Engineers Station 1097+95.74; thence N.86°30'13"E. 210.50 feet to said westerly Permanent Access and Maintenance Easement and Agreement Page 1 of 4 Version: 09.27.22  right of way line of a frontage road of said Project at a point 140.37 feet perpendicularly distant westerly from the US-89 right of way control line of said Project, opposite approximate Engineers Station 1097+95.74; thence along said westerly right of way line the following three (3) courses and distances: (1) S.03°29'47"E. 310.11 feet to a point of curvature of a curve to the right with a radius of 4970.50 feet; (2) thence southerly along said curve with an arc length of 269.64 feet, chord bears S.01°56'32"E. 269.61 feet; (3) thence S.00°23'17"E. 178.00 feet to the point of beginning as shown on the official map of said project on file in the office of the Utah Department of Transportation. Also, known as Pond G. The above described parcel of land contains 139,038 square feet in area or 3.192 acres. (Note: Rotate above bearings 00°07’41” clockwise to equal NAD83 Highway bearings) Part of Tax ID 07-080-0129 The permanent easement granted and conveyed by this instrument shall include the right, privilege, and authority for Grantee, its employees, agents, and contractors, to install and maintain all landscaping elements including the installation of grass, irrigation, or other landscaping elements required in order to incorporate Pond G into the driving range at Davis Park Golf Course; together with the right of Grantee, its employees, agents, and contractors, to mow, apply fertilize and weed control, and to cut and remove from said easement any trees or other obstructions which may endanger the safety or interfere with the use of said access, or appurtenances attached to or connected therewith; together with the right of ingress and egress to and over said above-described premises at any and all times for the purpose of golf ball retrieval, patrolling or repairing, renewing, excavating, inspecting, or maintaining, the landscaping and appurtenances, and for doing anything necessary, useful, or convenient for the enjoyment of the easement hereby granted. The permanent easement granted and conveyed by this instrument shall further include the right, privilege, and authority to Grantee, its employees, agents, and contractors, to ingress and egress, of any kind or nature, over said above-described premises, at any and all times for the purpose of constructing, inspecting, maintaining, or reconstructing the facilities or otherwise, including access to Grantee abutting property. Grantee agrees it will not disturb the grading without prior written consent from the Grantor. Grantee acknowledges that the primary purpose of Pond G is to detain storm water, and any other purpose is secondary to the primary purpose. Grantor shall have the sole responsibility to maintain the storm water infrastructure coming into and out of Pond G. Grantor shall at all times, upon reasonable notice from Grantee, its employees, agents, and contractors, remove any surface obstructions or open gates that would otherwise prevent the Permanent Access and Maintenance Easement and Agreement Page 2 of 4 Version: 09.27.22 ingress or egress of Grantee, its employees, agents, and contractors, or Grantee’s use or enjoyment of this permanent easement. WITNESS the hand of Grantor(s) this ______ day of _________, 20___. FRUIT HEIGHTS CITY ATTEST: ___________________________ _________________________________ By: Brandon Green By: John Pohlman City Recorder, Fruit Heights Mayor, Fruit Heights City STATE OF UTAH ) ) ss COUNTY OF DAVIS ) On this _______ day of ____________, in the year 20___, before me ____________________________, a notary public, personally appeared Brandon Green and John Pohlman, proved on the basis of satisfactory evidence to be the persons whose names are subscribed to in this document, and acknowledged they executed the same in the capacities as Fruit Heights City Recorder and Fruit Heights City Mayor, respectively. Notary Public Permanent Access and Maintenance Easement and Agreement Page 3 of 4 Version: 09.27.22 WITNESS the hand of Grantee(s) this ______ day of _________, 20___. DAVIS COUNTY Randy B. Elliott Curtis Koch Chair, Board of Davis County Commissioners Davis County Clerk/Auditor ATTEST: Curtis Koch Davis County Clerk/Auditor STATE OF UTAH ) ) ss COUNTY OF DAVIS ) On this _______ day of ____________, in the year 20___, before me ____________________________, a notary public, personally appeared Curtis Koch and Randy B. Elliott, proved on the basis of satisfactory evidence to be the persons whose names are subscribed to in this document, and acknowledged they executed the same in the capacities as Davis County Clerk/Auditor and Davis County Commissioner/Executive, respectively. _________________________________ Notary Public Reviewed and Advised as to Form and Legality: Davis County Attorney’s Office Permanent Access and Maintenance Easement and Agreement Page 4 of 4 Version: 09.27.22  .40 ' 1 2 6 0" E 0 6'0 23 '0 1° 5°5 N7 S2 "E N 18°37'00" W 93.00' BA S E AT GR IN E NGIN NC I EE R I NG 5.1 16 N 69°27'25" E 4' 25.11' N 24°16'00" E 35.05' ∆ S2 5°5 ∆ 6'0 0" E ∆ = 120°00'16" R = 55.00' L = 115.20' ∆ LC = 95.26' 15 N 5°43'43" W 7' 2.2 N 35 ' °4 0 5 .11 34 2 3' 10 "W 8. 4 W 2" 7' 1°02'2 S7 5746 South 1475 East Ogden, Utah 84403 Main (801)394-4515 S.L.C (801)521-0222 Fax (801)392-7544 W W W . G R E A T B A S I N E N G I N E E R I N G . C O M  ✔ 11/23/2022 C lark R. Moss & Eileen S. Moss 1394 Baer C anyon Rd. Fruit Heights, Ut 84037 801-721-9375 emsmoss@ comcast.net Baer C anyon Estates phase 3 1394 Baer C anyon Rd. Lots 9, 8, and 7 1157700008, 11286007, 115770009 Adjust lot lines 11-23-2022 11-25-2022 Section 6.12.060 Number Of Dogs And Cats Per Residence No person or persons at any one (1) residence within the jurisdiction of this title shall at any one (1) time own, harbor, license, or maintain more than three (3) cats and dogs in any combination. A person may only own, harbor, license, or maintain three (3) dogs if one of the dogs has been acquired from a legitimate animal shelter, as the term "animal shelter" is defined in the Utah Animal Welfare Act. The Animal Control Division may issue a permit to owners of Dogs and Cats to keep up to four Dogs or Cats (but not more than four Household Pets) in a residential area. Section X Exemptions for number of dogs and cats per residence: The provisions of Section 6.12.060 shall not apply to the following: a. Under the provisions of Section 10-8-65, Utah Code Annotated, a person may keep a service animal, a retired service animal, or both in addition to that limit. See “service animal” as defined in 06.04.010 (AB) Definitions. A exemption shall be issued for such dog upon the filing of an affidavit with the county showing that the dog qualifies for exemption; a.b. Dogs especially trained to assist officials of governmental agencies in the performance of their duties, and which are owned or maintained by such agencies. A exemption shall be issued for such dog upon the filing of an affidavit with the county showing that the dog qualifies for exemption. (Ord. No. 8-2011, § 3, Amended 12/20/2011; Ord. 7-1992 § 3.06)