City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road September 3, 2024 WELCOME: Mayor John Pohlman called the meeting to order at 7:00 pm. PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by Council Member Gary Anderson, with Council Member Mark Cottrell conducting the opening ceremony by offering a word of prayer. COUNCIL MEMBERS PRESENT: Mayor John Pohlman, Council Members Gary Anderson, Mark Cottrell, George Ray, and Florence Sadler. Council Member Eileen Moss was Excused CITY STAFF PRESENT: City Manager Darren Frandsen, Public Works Director Layne Leonard, and Deputy Recorder Hailee Ballingham. Jeff Oyler City Planner was also in attendance. VISITORS: Terry Smith, Christy Smith, Melissa Roberts, Cody Beckett, Jared Tingey, Bryant Ives, Lindy Ives, Boyd Kezerian, Dan Davidson, Sarah Hess, Lauren Tanner, Russ Tanner, Jim Campbell, Lynn Campbell, Nick Beatty, Jennifer Bazzano, Allyson VanBrocklin, Tyler White, Hyrum Taft, Curis Tanner, Jessica Kezerian, Carol Tanner, BreAnne Anderson, Stacey Halliday, Brandon Halliday, Matt Swain. Kristi Stringham, Gary Stringham. DECLARATION OF CONFILICT(S) OF INTEREST: None CITY COUNCIL TRAINING: Mayor Pohlman provided training. Earlier this year, the City Council held a strategic planning meeting to discuss priorities and initiatives, aiming to make the city more welcoming and inclusive. A member of the public works department suggested defining a "City of Good Neighbors" creed, emphasizing open communication, respect, and service to all residents. The city creed outlines a commitment to safety, respect, ethical behavior, and fiscal responsibility, while promoting diversity and inclusivity. The community values honesty, integrity, and compassion, striving to create a positive environment for all individuals regardless of background. By upholding these principles, the city aims to continue being a supportive and inclusive community for all. PUBLIC COMMENT: Terry Smith: reported property damage with concerns about lack of city response on mitigation. He questions the accountability of contractors and developers causing repeated storm damage, leaving his property at risk. Smith requests the city council's attention to the issue before the upcoming City Council Meeting. Mr. Smith will be on the agenda for solutions and accountability. Dan Davidson: recent developments have left me disappointed. A service project planned for this weekend involves constructing a trail near our property without our knowledge or input. Concerns have been raised about community involvement and respect for property owners. It is crucial to engage citizens in decision-making processes and ensure mutual benefit. Let's work together to create a community where opinions are respected, and collaboration leads to positive outcomes for all involved. Melissa Roberts: A petition from 12 houses on one side of the street concerns the development of a trail between Nicholls Road and the city building. Upon learning about this on Sunday, some residents feel that it needs more careful planning. They believe the trail may attract undesirable activities without proper maintenance, safety measures, or city funding. Concerns are raised about the potential impact on the neighborhood, with worries about safety, privacy, and community cohesion. Residents are calling for an open public meeting before proceeding with the project. They emphasized the need for communication, oversight, and community input to ensure the best outcome for all involved. It is suggested that further discussions take place to address funding, maintenance, and security concerns related to the trail development plan. Bandon Halliday: expressed concern over lack of proper procedures in establishing a new trail, emphasizing the importance of following ordinances and laws. He warned that failure to comply may result in liability for damages. He highlighted existing issues with vandalism and drainage and cautioning against actions that could worsen the situation. He urges the City Council to consider the potential consequences and prioritize adherence to established regulations for the well-being of residents and tax dollars. Cody Beckett: He had heard about a proposed trail. He is seeking clarification from the city regarding this trail. Questions arise about the plans, maintenance, and protection of the trail. He worked with UDOT in 2021 to understand the property boundary due to the installation of a soundwall. Concerns arise about potential public access behind their house, which may require a privacy fence. He believes reconsideration is necessary. Please provide updates on these developments. Nick Beatty: Wanted to address the ongoing issue with rain causing extensive mud flow coming off the Rock Loft development. Despite efforts to clear the mud, it keeps returning during each rainfall, causing damage to streets, cars, and lawns. It seems like the developers need to find a more permanent solution to prevent this recurring problem. Conversations with developers should prioritize finding a long-term solution to avoid further damage and inconvenience. Jared Tingey: Regularly works with elected officials and appreciates their efforts in managing the challenging job of addressing various opinions, news, conversations, and problem- solving. However, he feels that his expectation of receiving notice was not met. It is easy to pass the blame and claim lack of authority or ownership, but he believes more could be done in terms of communication with residents and collaborating with other entities to meet expectations as an elected representative. Russ Tanner: Curious about the response process in these conditions after living here for three years, noticing a pattern of failing to communicate and listen to community wishes. Despite promises to address issues, nothing has been done. He is concerned about the city's lack of action until someone gets hurt. Hoping for a proactive response from city officials. Kristi Stringham: She has contacted the SWPP company multiple times about fixing the damage, but no action has been taken. The subdivision was told that no foliage near the hill would be removed, but that promise was not kept. Concerns about the hill causing further damage have not been addressed by the developer or authorities. People are afraid to let their children play in the yard due to the risk of more mudslides. The lack of action and communication from officials and developers has left residents feeling neglected. More needs to be done to address the ongoing issues and ensure the safety of those living near the damaged area. Curis Tanner: He questioned the mayor and city council on the lack of action on mudslides. Impact on development marketing discussed. Suggestions for improvement and accountability were emphasized. Hyrum Taft: States there has never been a landslide on that hill, except for one time when the previous owners left his water on all night for weeks. That's what caused it. But other than that, there hasn't been anything. Matt Swain: Expressed appreciation for efforts that have been made, emphasizing the need for short-term problem solving. He highlighted a lack of action, despite requests for a plan a year ago, expressing shock at the developer for not being fined for disregarding state law. Concerns revolve around managing current safety issues and ensuring future resident safety. Video evidence of potential risks is being collected, emphasizing the urgency for change. Reports are sought for professional guidance, with an emphasis on the importance of objective third-party assessments. Private property rights are acknowledged with a call for improved communication and trust-building between city staff and property owners for enhanced safety measures. Allyson VanBrocklin: She has lived in the city since 2003 and has been through many rainstorms. The mud and water running down the road has never been a problem until now. She feels like the city knows it’s a problem when they have their trucks out at midnight cleaning the road, it’s a quick cover up. PRESENTATIONS: None DISCUSSION ITEMS: 5.1 Swimming pool setback for interior property line to be between 3 to 5 feet. At the recent Planning Commission meeting, there was a discussion on changing the interior property line setback from 8 feet to 5 feet or even 3 feet. The commission splits 50/50 on the number. It was suggested that the Commission seek direction from the City Council regarding this change before moving through the process of a public hearing. The City Council is encouraged to provide guidance on this issue. City Planner Oyler gave some background. A resident is requesting a 3-feet setback for his pool City Planner Oyler and City Manager Frandsen have looked at other city’s setbacks. They vary from 5 to 10 feet. Research shows a national average of a 5-feet setback for pools, with no clear reason behind the standard. Building codes primarily focus on pool barriers, not setbacks, leaving decisions subject to individual interpretation. The lack of specific regulations leaves room for flexibility in setback requirements. Council Member Ray emphasizes the importance of using objective measures in creating laws. He expresses the need to find objective reasons before making changes so when it comes back up again, we can say, this is why it is what it is and then keep it. Council Member Anderson is ultimately okay with moving it to 5 feet. It's challenging to balance and protect neighbors and property rights when considering building a pool in a condensed housing area. While avoiding variances is important, flexibility is needed to accommodate different situations. The goal is to capture the majority of the city's will in the ordinance while allowing for some variances when necessary. Council Member Cottrell talked about reducing the distance to 8 feet, aligning with other cities. But going down to 5 feet seems odd. He visited Mr. White's property, saw the plan for the pool, and felt the 3 feet clearance may be too narrow. Most cities have 5 to 8 feet requirements, so we shouldn't go smaller. Changing ordinances frequently to please individuals is concerning. Let's carefully consider all factors before making decisions. He appreciated the dialogue and opportunity to assess the situation with Mr. White. Council Member Sadler feels consistency among cities is good, but allowing for variances is important for unique situations. She did some training on variances and emphasized property- specific benefits. It's fine to make amendments that improve property use and enjoyment, without ruining ordinances. As the discussion continued, Mayor Pohlman asked if it would be fair to state that the city council would consider the 5 feet setback, and if the Planning Commission wanted to modify the ordinance, then they would consider it. 5.2 Personnel Policy update to be current with State Law requirements, FMLA, Tier 2 Retirement, Tuition Aid, Confined Spaces. The Council received the clean view with the changes they requested to the personnel policy. Council Member Sadler looked through the document and noticed the changes they had recommended. 5.3 Start discussion for January 2025 Culinary Water Rates. Discussion began for the January 2025 culinary water rates, reflecting a necessary increase in response to a previous impact study. If we divide the $30,000 increase among our 1800 connections, it amounts to approximately $16 per connection per year. Zions Bank suggested a 10% annual increase along with our budget. Mayor Pohlman would like this to be on the agenda a couple of times between now and the end of the year. He reminded city Manager Frandsen that the council has been asking to see an updated consolidated fee schedule. City Manager Frandsen talked about how the price of chlorine has gone up and to be prepared for that cost. Council Member Anderson asked if the chlorine is being used for testing the water or just an extra safety measure? City Manager Frandsen explained chlorine is being used the whole time. It makes the water safe from bacteria. Part of the state’s requirements are that you have to maintain a detectable amount for your whole system. 5.4 Election Process. Fruit Heights City is one of only two cities in the state that still run a caucus for their elections. This has caused confusion throughout the city with the Pinecone/Sagebrush parties. Residents want to know which one is Republican, and which one is Democratic. City Manger Frandsen wanted to bring this to the city council’s attention to see if they would be interested in having a primary and having Davis County manage that. The Council discussed this and would like to keep the city doing a caucus but to have the staff do more research to see if we could take the Pinecones and Sagebrush out and just run it as a nonpartisan.. 5.5 Award bid for Orchard Drive storm drain project. This project is to limit surface runoff, new ADA ramps, land drain control and for future development of curb and gutter. The city engineer and public works director recommend Regency Excavation for the project. The estimated completion date will be November 1, 2024. Regency was not the lowest bid, but public works and Jones & Associates feel they will be able to complete and do a more quality job. ACTION ITEMS: 6.1 Approve/Deny: Updates to the Fruit Heights City Personnel Policies Council Member George Ray made a motion to approve the updates to the Fruit Heights City Personnel Policies. Council Member Florence Sadler seconded the motion. It was unanimously approved by the Council. (1:21) 6.2 Approve/ Deny: Award of Orchard Drive storm drain project Council Member Anderson asked Public Works Director Leonard why he felt like this was the best bid. He told the council that Regency Excavation was the most responsive. Regency’s project completion date is set for November 1, 2024. The city and our engineer have worked with them before. They both feel confident in Regency Excavation. Council Member Mark Cottrell made a motion to approve the Award of Orchard Drive storm drain project. Council Member Gary Anderson seconded the motion. It was unanimously approved by the Council. (1:25) 6.3 Approve City Council Minutes August 20, 2024. Council Member Gary Anderson made a motion to approve the August 20, 2024, minutes with the recommended changes. Council Member George Ray seconded the motion. It was unanimously approved by the Council. (1:25) TABLED ITEMS: CALENDAR: September 3, 2024, City Council Meeting September 17, 2024, City Council Meeting September 24, 2024, Planning Commission Meeting PAST DICUSSION ITEMS: Recycle Program: No discussion at this time. CITY COUNCIL REPORTS: Council Member Anderson: Attended the Planning Commission Meeting. They had a great discussion about pool setbacks, the chicken ordinances, and looking at areas for R-1-6 Zone in the General Plan. Council Member Mark Cottrell: He thanked the council for helping at Founder’s Day. He was impressed with the city staff, their teamwork and their willingness to help. It was a great evening for the city. The Veteran’s Memorial was a success and there is already a list of names to be added to the rocks for Veterans Day. He also encourages people to come help with the day of service project in the city. MAYOR REPORT: He is still working on getting a tour set up at Wasatch Integrated Waste, He encourages everyone to participate in the day of service. He also wanted to thank Bob Christiansen for working with the Veteran’s Memorial Committee. CITY STAFF REPORTS: Public Works Director Leonard: His team has been working on getting areas prepped for the Day of Service. They also put in a new smart timer for the sprinklers at Nicholls Park. City Manager Frandsen: Told the Council that he is preparing for the Audit that is coming up. ADJOURNMENT: Council Member Florence Sadler made a motion to adjourn the meeting with Council Member Gary Anderson seconding the motion. It was unanimously approved by the Council. (8:44) Not approved until signed. /S/: _____________________________ Hailee Ballingham, City Deputy Recorder Date approved by City Council: October 1,2024