City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road May 21, 2024 WELCOME: Mayor John Pohlman called the meeting to order at 7:02 pm. PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by YCC Mayor Jeniel Byers with Mayor John Pohlman conducting the opening ceremony by offering a word of prayer. COUNCIL MEMBERS PRESENT: Mayor John Pohlman, Council Members Gary Anderson, Mark Cottrell, Eileen Moss, and George Ray. Council Member Florence Sadler was excused. CITY STAFF PRESENT: City Manager Darren Frandsen, Public Works Director Layne Leonard, City Planner Jeff Oyler, and Deputy Recorder Hailee Ballingham. VISITORS: Elizabeth Pinto, Bryant Ives, Brent Peters, Tayler West, Josh Boucher, Carson Sholly, Steve Petty, Kelly Sparks, Rich Love, Jess Clerk, Jen Clerk, Jeff Byers, Jennifer Byers, Shawn, Susan Jeppesen, Elizabeth Brough, Celeste Cottrell, Heidi Murdock, Brian Law, Chris and Angela Williams, Landon Jacobs, Austin Jacobs, Diane Jacobs, Dave Jacobs and Laurie Peay, CITY COUNCIL TRAINING: Mark Cottrell has been contemplating the rights and processes governing landowner’s use of their property. It seems that public hearings rely more on emotional sentiments than information. Consequently, voting may be influenced by public opinion rather than facts. To gain clarity, he referred to property rights resources such as Utah.gov and the Trusted Powers and Duties Handbook for Utah. Property ownership carries the vital right to adapt or develop the land for profitable or desired purposes, supporting economic growth, and public welfare. However, all properties are subject to reasonable control and regulations by government entities, including local regulations aimed at insuring public health, safety, and welfare. Zoning ordinances also play a crucial role in stimulating economic growth and maintaining strong communities. Our City Council possesses the authority to adopt and amend zoning ordinances if they advance the general welfare and do not violate constitutional rights or other controlling factors. When granting conditional use permits, it is important to rely on factual information from the public rather than their emotional input. Public clamor should not be considered, as the decision should be based solely on regulatory standards. Engaging in land use control through planning and zoning often leads to litigation. Therefore, it is essential to prioritize adherence to proper procedures and substantive considerations. Just because we have the ability to control land use does not mean it is always the right course of action. Compliance with our own laws is crucial, as avoiding legal repercussions does not establish binding precedents. Public outcry does not necessarily reflect the public's true will, and the public's will does not always align with the public good. We, as the government, must remember that the Bill of Rights was designed to protect the people. While neighborhood concerns are important, they must be addressed in accordance with state and federal laws. As elected or appointed officials, we have a responsibility to do what is right, regardless of popularity. PRESENTATIONS: PUBLIC COMMENT: Susan Jensen: I am the neighbor of Todd Stevenson who is a previous mayor. He is going through multiple myeloma treatments. We would like to have anybody who is interested in taking a picture to support him. They had people line up and take a picture. Bryant Ives, a law enforcement officer with 27 years of experience, addresses the mayor and city council regarding the 5.2 law enforcement contracts. Having previously worked with the Farmington City Police Department and currently employed with the Davis County Sheriff's Office, he explained that his purpose is to discuss the city's contract with Farmington PD. He suggested that the current contract with the county offers better services. The county provides 24-hour coverage and additional resources such as motor deputies, investigations, criminal analysts, and a crime lab. Ives emphasized that the county's services benefit both the county and Fruit Heights. He acknowledges the capabilities of Farmington City but believes that the county can offer more resources and a better service. Laurie Peay: I want to express my gratitude to the sheriff’s office for your service as it has greatly impacted the safety of Mountain Road. Despite the designated speed limit of 25 mph, drivers consistently exceed that at 35-40 mph. Your presence on the road is noticeable and appreciated. Unlike the potential change to Farmington, where road patrol may not be a priority, I value the importance of enforcing speed limits. As a resident, I moved here seeking a peaceful community and your service has helped maintain that. Therefore, I propose considering community input and putting the decision to a vote, rather than solely relying on council members’ discretion. Thank you. Brian Law, a retired deputy who worked for the sheriff's office for 22 years. He worked primarily in the patrol division, spending numerous hours patrolling Fruit Heights. As he lived in the area, Law wanted to protect the community and wrote speeding tickets while patrolling the streets. He acknowledges the excellent Farmington Police Department but notes that the sheriff's office offers more resources, such as an accredited crime lab, motors, dogs, search and rescue teams, and multiple deputies. Law believes it is crucial for the sheriff's office to maintain visibility on key roads, deterring criminals and ensuring the safety of the community. However, he emphasizes that law enforcement is costly and requires dedication, training, equipment, and funding. The proactive service of the sheriff's office is vital for the community. Brent Peters: He expressed his concerns regarding the proposal for Farmington's police department. While recognizing the department's competency, he emphasized that they lack the resources of a fully functional police department. Peters, a retired deputy, expressed worry over the call volume statistics provided by Farmington, questioning their accuracy and highlighting the importance of proactive policing and crime deterrence. He expressed disappointment that Fruit Heights would not have its own police car and raised concerns about Farmington's recent increase in officer wages. Additionally, Peters mentioned the management changes at Lagoon and criticized Farmington for diverting their on-duty officers to handle Lagoon-related calls instead of hiring additional help. He urged against using Fruit Heights' tax money to subsidize another city's business tax base and emphasized the importance of prioritizing the welfare of their citizens. Heidi Murdock: She expressed her positive experiences with the Davis County Sheriff's Office. She commends their quick response times and their effectiveness in handling various situations, including random crime incidents in her neighborhood. While acknowledging the benefits of Farmington City, she prefers to stick with the Davis County Sheriff's Department for the sake of safety, even if it means paying more taxes. She believes that her sentiment is shared by many in her community. Steve Petty: As a resident and long-time volunteer for the sheriff's office on search and rescue he supports Davis County Sheriff’s and opposes considering a new contract with Farmington. He believes the service they have provided is excellent and sees no reason to seek alternatives. Alexis Tanner is a retired deputy sheriff from California. He talked about contracts with cities who left the services of the Sheriff's Office. As soon as their contract ended, they were back asking to have their contract reinstated because the local police departments are not able to provide what the sheriff's office can. PRESENTATIONS: The Youth City Council had 26 members take their oath of office. Farmington Fire gave their Quarterly Report. He talked about the number of calls they have received and that they will be getting a new urban interface engine that will be delivered in July. They are also getting a new ambulance in October. The mayor requested Farmington Fire be present in our city during firework season. Chief Love will have a truck in our city from 5:00 pm to 12:00 am on those days. BUSINESS ITEMS: 5.1 Municipal Code 2024-003 Title 9 A Public Utilities This ordinance was tabled at the last meeting and the staff was asked to get a clean version before they approve Title 9A Public Utilities. Council Member Moss pointed out that the dollar amount was still listed. That was one of things they asked to be taken out and have it reference the fee schedule. Council Member Anderson also talked about the meters need to be changed from 1 inch to 3 inch or larger would be the property owners responsible. Council Member Cottrell made a motion to approve municipal code Title 9A Public Utilities with the three changes that were discussed Council Member Moss seconded the motion. The motion was unanimously approved by the council. (00:49:02) 5.2 Law Enforcements Contracts Mayor Pohlman takes responsibility for initiating the bidding process with neighboring cities for policing services. Now the county is no longer providing paramedic services. That is now provided by Farmington Fire. We have the opportunity to look elsewhere. The city has been relying on Davis County Sheriff’s for years. However, their rates have been increasing significantly and will continue going up each year. Mayor Pohlman spoke with City Manager Frandsen about reaching out to neighboring cities for bids and informed the City Council at our last meeting. I want everyone to understand that our costs are rising across the board, including water, sewer, garbage and police. If we can find a better contract with another city, we should consider it. The council got the opportunity to meet Sheriff Sparks and have a tour of the Davis County Sheriff’s office. Council Member Ray remembered a conversation a year ago about having a full-time sheriff in the city at the county's request. I met with Sheriff Sparks and discussed various options, but we couldn't feasibly sustain the costs. Now we are under an hourly contract with the sheriff's office. I want to emphasize that this decision isn't based on complaints or problems. The city has never explored other options until this year. Council Member Cottrell was asked to do a ride-along with Farmington City. He had previously done a ride-along with the sheriff's department for 6.5 hours. During the ride-along with Farmington he spent about 6 hours. He was impressed by the officer’s passion, dedication, and service-oriented mindset. They didn't let boundaries restrict their actions. When patrolling with Farmington, they focused on the Station Park area, where most retail stores are located. The officers informed him about a South American theft ring targeting affluent communities and retail operations like Station Park. Overall, both departments had positive and upbeat attitudes. The facilities offered various services, and I believe there is potential for collaboration between the two departments. However, it is important to be prepared for an increase in crime in the future. Other council members talked about their experience with the sheriff’s department. How positive the experience was, and they fully support them. There was some conversation about how much Farmington police time would be spent at Lagoon. Council Member Cottrell made a motion to renew the law enforcement contract with Davis County Sheriff’s Department. Council Member Anderson Seconded the motion. The motion passed Gary Anderson, Mark Cottrell, Eileen Moss, (Yes) George Ray (Abstain) 5.3 CDBG 2024-2025 Subrecipient Agreement This is a grant the city applied for with the county to repair the porch entrance and doors of city hall. The agreement states we accept the conditions of the grant and follow the requirements. The council had a discussion on the amount of the grant and how much we will receive. City Manager Frandsen stated the city will have to cover the cost if the work is more than the grant provides. Council Member Moss made a motion to accept the CDBG 2024-2025 subrecipient agreement subject to receiving a bid on the project is within the bounds of what we expect to spend. Council Member Anderson seconded the motion. The motion was unanimously approved by the Council. (1:13:44) 5.4 Purchasing of a New Parks Mower The smaller grasshopper ride-on mower we have right now is 6 years old. The drive line system went out on one side. The public works are coming to the council to see if they can purchase a new mower. City Manager Frandsen stated that we do have money in the capital equipment in the Parks Department. The city gets the state contract price. The Council had a brief decision on what type and size of mower. Council Member Anderson made a motion to approve the purchase of a new parks’ mower. The cost is approximately $17,000. Council Member Moss seconded the motion. The motion was unanimously approved by the council (1:15:55) TABLED ITEMS: None CALENDAR: Planning Commission Meeting May 28, 2024 City Council Meeting June 4, 2024 REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: Council Member Moss made a motion to approve the May 7, 2024, Minutes. Council Member Cottrell seconded the motion. The motion was unanimously approved by the council (1:16:38) CITY COUNCIL REPORTS: Council Member Cottrell visited with three different individuals to learn more about chickens. He reminded us of the team BBQ will be June 11. He gave an update on the veteran’s memorial project. The three stones have been ordered. We have paid the vendor a deposit of $4,500 with the donations we have already received. There are more donations coming in. The city is now collecting names for the rock. The vendor is also willing to donate a large boulder to the city which would be placed at Harvey Park and be engraved with Harvey Park Established 1994. Council Member Moss had a Cemetery Committee meeting. They have the results from the survey. There were about 602 people who completed the survey. We learned some things, but nothing was definitive. The committee would like to move forward with getting a firm proposal cost and bring that information to the council. She asked if we could have the planning commission put together questions for a survey about chickens to get some more answers. She also wanted the council to know she has been working on putting a committee together for traffic calming ideas. She is hoping they can meet in June. Council Member Anderson discussed the mosquito abatement board meeting. They talked about contracts they have with the airport for the access they need for flying over different lands. They are looking at additional land located at the end of 200 North. They also approved paternity leave for the father. MAYOR REPORT: Mayor Pohlman discussed the potential sale of the lease for the cell phone tower behind our shop. After consulting with a friend experienced in the industry, he learned that Verizon and T- Mobile own the tower. Verizon has invested $2.3 billion in tower infrastructure in the past 24 months, indicating their commitment to this business. However, they are seeking additional revenue streams due to underperformance in other areas. As a result, two entities have approached us expressing interest in purchasing our lease. I recommend holding onto it, as its long-term value and net present value are significant. Additionally, I will bring up the topic of implementing a recycling program at the next council meeting, aiming to provide cost savings for residents who currently have green waste recycling services. I will provide further information at that time. CITY STAFF REPORTS: City Manager Frandsen said there will be amendments to the budget coming that we need to take care of and have an amount for Truth and Taxation. ADJOURNMENT: Council Member Eileen Moss made a motion to adjourn the meeting with Council Member Gary Anderson seconding the motion. It was unanimously approved by the Council. (8:41) Not approved until signed. /S/:_________________________________ Hailee Ballingham, City Deputy Recorder Date approved by City Council: June 4,2024