City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road September 17, 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 Mark Cottrell, 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, George Ray, and Florence Sadler. CITY STAFF PRESENT: City Manager Darren Frandsen, Public Works Director Layne Leonard, and Deputy Recorder Hailee Ballingham. VISITORS: Terry Smith, Christy Smith, Tyler White, Matt Swain. Kristi Stringham, Gary Stringham, Kim Bement, Matt Hansen, Emmanuell Cervantes, Lynn Campbell, Jim Campbell, Michael Lambert, Jessica Kezerian, Boyd Kezerian, Lydia Ray, Emily Pohlman, and Janelle Davis. DECLARATION OF CONFILICT(S) OF INTEREST: None CITY COUNCIL TRAINING: Council Member George Ray provided training. Water rates and fees must be reasonable, as required by the Constitution. Connection fees should not be a profit to the city, and any charges above hookup fees are considered impact fees. These impact fees must follow strict guidelines set by the Impact Fees Act, including studies, public hearings, and proper accounting. Municipalities have discretion in setting rates but must have a reasonable basis for charging different rates for classifications of customers. The American Water Works Association suggests that different areas of a community can have different rates if there is a rational basis. Overall, it is important to ensure that water rates are fair and justified for all customers. PUBLIC COMMENT: Michael Lambert is a Layton resident running for county commission as an unaffiliated, bipartisan candidate. He aims to address the increasing divisiveness in politics by promoting unity and bipartisan cooperation. As a licensed clinical social worker with 20 years of experience, I value serving young people, families, and the community. He is passionate about conservation, mental health, and supporting our aging population. He appreciates the spirit of unity in local government and looks forward to getting to know more residents. He thanked the council for their time and service. Matt Hansen: In the recent meeting, the swimming ordinance was discussed, with the main argument being that other cities have similar setback regulations. However, it is not a convincing argument. It is important for the body to consider this carefully. The proposed ordinance may impact land use rights and should be reviewed thoroughly before a decision is made. PRESENTATIONS: Farmington Fire Chief Love: He thanked the Mayor and Council for the opportunity to report on the second quarter activities. In the past three months, they have responded to 35 calls in the city. Average response time is 8 minutes and 56 seconds from the onset of the call, which includes all times of the day. They are now part of a county-wide program where the closest paramedic units will be dispatched for life-threatening calls. His team spent 144 man-hours in Fruit Heights City in July. There were no major issues with the 4th of July fireworks, but they did handle one incident in Fruit Heights. They remain vigilant about fire risks on hillsides during fireworks season. Chief Love stated he is always available to address any concerns. Terry Smith: During the last meeting, some concerns were raised about the city's accountability in developing certain properties. Reports from engineering regarding stormwater controls and erosion prevention were found to be lacking. Inspections were not conducted regularly, leading to potential environmental risks. The failure to adhere to regulations and properly maintain the land has caused frustration among residents. The city's lack of action and negligence has been highlighted by the state of Utah, raising concerns about governmental immunity and accountability. Residents are seeking answers and accountability for the mismanagement of development projects. The situation has created a litigious environment and poses a risk to the city's reputation. It is crucial for the city to address these issues promptly to avoid further problems and maintain trust within the community. The discussion continued, residents brought up many different concerns like SWMPP not being followed, what happens in the future with the HOA, what if the developer has not followed the development agreement, and they feel like the city has failed them. The residents want accountability from the city to repair the damages and to make the developer contain the water appropriately. The mayor thanked them for the direct requests and told them he will follow up on them. Residents brought up concerns about entering the wet season and the importance of not waiting. They need help now. YCC Reported: Emily Pohlman and Lydia Ray gave the report. The YCC assisted with face painting on Founder's Day. They are now working on a service project and will be cleaning up trash along the sound wall. Additionally, they will participate in a Halloween Walk event with Kaysville's YCC and help with backdrops and acting. Food donations will serve as tickets for the event. DISCUSSION ITEMS: 5.1 Landslide and Rock Loft development City Manager Frandsen supports the residents' concerns regarding ongoing issues in the area. Inspections are conducted by the city and also carried out by a company hired by the developer, with varying results. Stormwater Superintendent Parry inspects and documents any failures, which must be fixed within a specified timeframe. The city recently completed a state audit, identifying areas needing repairs. The city and state conducted separate inspections and reviewed each inspection to ensure compliance. Changes are documented in the program to track modifications and improvements. Adjustments are made based on trial and error, with input from engineers and experts. After addressing issues with erosion control, the state conducted a follow-up inspection to monitor progress. Collaborative efforts are ongoing to address concerns and make necessary adjustments for effective hillside management. Overall, the focus is on continuous improvement and adapting strategies to ensure environmental compliance and minimize risks. With the new ordinance the city just passed the city now can fine developers. The City Council empathizes with the residents and is working with the City Engineers and the City GEOTECH. 5.2 Consent to Appoint Shelley Bodily as a Planning Commissioner Mayor Pohlman appointed Shelley Bodily as Planning Commissioner. The city council needs to go back and consent to the appointment. ACTION ITEMS: 6.1 Consent to Appoint Shelly Bodily as Planning Commissioner. Council Anderson asked what her qualifications were. City Manager Frandsen told the council she is a licensed architect and has served on public urban planning boards in Salt Lake City. Mayor Pohlman looked through her application and then sent it to City Manager Frandsen and City Planner Oyler. They all felt like she would be a great addition to the Planning Commission. Council Member Mark Cottrell made a motion to Consent to Appoint Shelly Bodily as Planning Commissioner. Council Member Florence Sadler seconded the motion. The motion was unanimously approved by the council. (1:20) 6.2 Approval for September 3, 2024, City Council Minutes Council Member Anderson felt that one of the public comments needs to be re-listened to and needs to be cleaned up. Council Member Gary Anderson made a motion to table the September 3, 2024, City Council Minutes. Council Member Florence Sadler seconded the motion. The motion was unanimously approved by the council. (1:23) TABLED ITEMS: CALENDAR: September 19, 2024, CCC Dinner and Training September 24, 2024, Planning Commission Meeting October 1, 2024, City Council Meeting PAST DICUSSION ITEMS: Recycle Program: No discussion at this time. Election Process: No discussion at this time. Culinary Water Rates for January 2025: No discussion at this time. CITY COUNCIL REPORTS: Council Member Moss talks about the cemetery committee. They will have a meeting next week. Todd Stevenson has been assigning and dividing things up into sections to help get a firm recommendation for the City Council. Council Member Sadler attends a CTC Meeting. In the meeting they talked about brain development in middle and high school age kids and the affect alcohol and drugs can have. Council Member Cottrell: The day of the service was a success. There were over 100 residents that came to work on both projects. He thanked the public works team for all the prep work ahead of time. MAYOR REPORT: Mayor Pohlman thanked the staff. They are doing a fantastic job. He appreciates how quickly the public works team gets stuff done. CITY STAFF REPORTS: Public Works Director Leonard: The Orchard Farm Storm Drain Project has started. The completion date is set for November 1, 2024. The city hired a company to come inspect and clean the million-gallon water tank, that was done on Monday, September 16. Nicholls Park bathrooms were vandalized. The toilets have been destroyed and there was a police report filed. The bathrooms will be closed for the season and there are porta-potties there for residents to use. The city is hoping to get fiber in soon so they can install cameras to prevent this from happening in the future. Cameras will also be placed on all the city owned buildings throughout the city including the tunnel at Gailey Trail. City Manager Frandsen is in the process of updating the consolidated fee schedule and will hopefully have it by the next council meeting. He is waiting for a few more numbers and will send them out as soon as possible. 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. (8:37) Not approved until signed. /S/: _____________________________ Hailee Ballingham, City Deputy Recorder October 1,2024 Date approved by City Council: