City Council Agendas & Minutes

MINUTES CITY COUNCIL MEETING FRUIT HEIGHTS CITY 910 South Mountain Road October 1, 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 George Ray conducting the opening ceremony by offering a thought. COUNCIL MEMBERS PRESENT: Mayor John Pohlman, Council Members Gary Anderson, Mark Cottrell, Eileen Moss, and George Ray. Florence Sadler was excused. CITY STAFF PRESENT: City Manager Darren Frandsen, Public Works Director Layne Leonard, and Deputy Recorder Hailee Ballingham. VISITORS: Terry Smith, Christy Smith, Russ Tanner, Frauk Hunt, Sharla Hunt, Gary Stringham, Kristi Stringham, Boyd Kezerian, Jessica Kezerian, Melissa Roberts, Alaris Meldrum, Cody Beckett, Alexis Tanner, and Curtis Tanner. DECLARATION OF CONFILICT(S) OF INTEREST: None CITY COUNCIL TRAINING: Mayor Pohlman provided training on the Open Public Meetings Act, which was revised last year. A meeting is defined as a gathering of a public body with a quorum present, convened by someone with authority, for the purpose of taking public comments, deliberating, or taking action on relevant matters. Public gatherings, chance meetings, and electronic meetings are no longer included in this definition. City council members chatting, exchanging emails, or attending social events without authority are not considered public meetings. Only meetings convened by authorized individuals are considered public. Planning Commission meetings may not need to be public if they are not making ordinances. However, all City Council meetings are public, while unofficial gatherings do not fall under this category. PUBLIC COMMENT: Sharla Hunt: Wanted to acknowledge the significant work the city council does, which carries a heavy responsibility. Concerns have been raised regarding mudslides, among other issues, and the city's development practices. There seems to be a pattern where developments fall short, problems arise, fixes are made temporarily, and the cycle repeats. It appears that issues are not being addressed effectively, causing continuous problems. It may be prudent to halt further development until existing issues are resolved properly. The city should consider seeking external expertise if needed to ensure adequate standards are met. Stopping development until safety issues are addressed could be a necessary step to protect the community. Alexis Tanner: The state has installed a fence adjacent to the property owner's existing fence. As a result, weeds have grown in the area between the two fences. We kindly request that the state address this issue promptly to prevent the weeds from spreading and potentially causing harm to our property. Russ Tanner: He resides on Mountain Road and was affected by a landslide. He urges action from the mayor and council on citizen concerns. The city failed to address the issue last year as promised. The mayor's dismissive attitude is concerning. The residents demand accountability from the developer and the city to fix the problem, and to make them whole from the damage, and to secure the hill. He has outlined specific actions citizens are seeking, including enforcement of the development agreement. They need a timeline for resolution. We are not asking for mere lip service - we want action now, not after the mayor's term ends. Appreciation is given to neighbors and advocates for their efforts in addressing this issue. Melissa Roberts: She was here on behalf of several people regarding the chicken agenda. Steve Petty is concerned about the specific problems the city is trying to address with the new rules for chickens. He questions why there is a focus on regulating chickens and not a clear list of issues. There are concerns about overregulation, including having to pay fees and register all animals. Residents like Cody Beckett are against the proposed regulations, as they feel it is unnecessary and too intrusive. Many feel that government intervention should not be necessary to address neighborly disputes. Alexis Tanner: He previously owned two roosters before a new neighbor moved in. After receiving a complaint, the city manager sent him a letter. He removed the rooster. He is retired and having chickens is one way for him to cut costs for him and his family. Alaris Meldrum: Agreeing with Melissa, she spoke for many chicken owners in Fruit Heights. Chickens are considered family, not just pets. She researched Fruit Heights' laws before getting chickens. There were none. She was told to follow Kaysville City's rules, allowing up to 24 chickens. With eight people in her household, she needs more than eight chickens to meet their daily egg needs. Frank Hunt: He has researched trying to find out what he can on the landslide from other communities. It has been his understanding that he is supposed to provide notice to the city and if this happens again the city will be held responsible. PRESENTATIONS: Commissioner Lorene Kamalu and Animal Care Director Ashleigh Young gave a presentation on the new Animal Care building. In 2021, a feasibility study was conducted for animal care in Davis County, assessing the outdated facility that was built nearly 40 years ago. Previously, animals were euthanized if not claimed by owners, but now the focus is on achieving a 97% live release rate through adoptions and partnerships with rescue groups. The current 10,000 ft. building is insufficient for the 4,500 animals taken in annually, requiring a larger 32,000 ft. facility. The commissioners approved a $15 million budget to construct a new technologically advanced facility, similar to a hospital or jail, funded by capital funds from Davis County. Additional staff will be needed for the new facility, with plans for sitework to begin soon. Operational expenses for 2025 may necessitate a small tax increase of $12 per year for the entire county. Terry Smith: During the last meeting, he had concerns about the city's accountability in developing certain properties. He asked again why the area above the Tanner’s and Smith’s property was cleared of vegetation and where is the Geotech Report. He wants to know if Geotech reports have been conducted on the current homes being built, as required by the development agreement. Inspections should be carried out regularly to ensure compliance with the agreement. 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 should the city stop allowing building permits They have been waiting months to see the Geotech Reports and want to know why it is taking so long. The residents want answers from the city by the next council meeting. Terry Smith and Russ Tanner left a list of questions with city Manager Frandsen they would like answered. 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 conduct separate inspections and review 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. 5.2 Chicken Ordinance and Application The city council clarified that this ordinance would permit chickens in the R-1-10 and R-1-12 zones. Currently, chickens are not permitted in these areas. This ordinance would legalize the status of those who already have chickens, bringing them into compliance and allowing them to keep their chickens. The council does not see the need for the one-time Residents Chickens Conditional Uses Application and has requested that this language be removed from the ordinance. The application will not be approved. 5.3 Election Process City Manager Frandsen addressed the confusion surrounding our city's caucus compared to a primary election. New residents were unfamiliar with the term’s "pinecone" and "sagebrush," and they wanted clarification on which one represented Democrats and which one represented Republicans. Fruit Heights City operates on a nonpartisan basis, and these symbols are merely part of our city's history that facilitate our elections through a caucus. The staff has been researching potential changes, including transitioning to a primary system or retaining the caucus but altering the names to "nonpartisan 1" and "nonpartisan 2." After careful consideration, the City Council members expressed their preference for the caucus system and instructed the staff to explore the possibility of changing the names to "nonpartisan 1" and "nonpartisan 2." ACTION ITEMS: 6.1 Ordinance Title 10 Chapter 11 Section 23 Chickens in Single-Family residential Zones R-1-10 and R-1-12. Council Member Gary Anderson made a motion to approve Ordinance Title 10 Chapter 11 Section 23 Chickens in Single-Family residential Zones R-1-10 and R-1-12 without the application. Council Member Cottrell seconded the motion. The motion was unanimously approved by the council. (1:48) 6.2 Residential Chicken Conditional Use Application Council Member Mark Cottrell made the motion to deny the Residential Chicken Conditional Use Application. Council Member Gary Anderson seconded the motion. The motion was unanimously approved by the council. (1:49) 6.2 Approval of September 3, 2024, City Council Minutes. Council Member Gary Anderson made a motion to approve the September 3, 2024, City Council Minutes. Council Member George Ray seconded the motion. The motion was unanimously approved by the council. (1:50) 6.3 Approval of September 17, 2024, City Council Minutes. Council Member George Ray made a motion to approve the September 17, 2024, City Council Minutes. Council Member Mark Cottrell seconded the motion. The motion was unanimously approved by the council (1:50) TABLED ITEMS: CALENDAR: October 15, 2024, City Council Meeting October 22, 2024, Planning Commission Meeting November 5, 2024, Election Day PAST DISCUSSION ITEMS: Recycle Program: No discussion at this time. Culinary water rates for January 2025: No discussion at this time. CITY COUNCIL REPORTS: MAYOR REPORT: He wanted the council to save the dates for the Fable Forest, which is October 25-26, and for Christmas in the Community. He was still waiting for the date for that. He wants the council to be aware of these two events so they will come and support them. CITY STAFF REPORTS: Public Works Director Leonard: He has gotten bids to rebuild the water pumps that supply water to the million-gallon tank. This is for culinary water. Booster pump #2 has started to vibrate. We won’t know if it will need to be rebuild or a replacement until it’s pulled out and inspected. This was budgeted for this year. This is estimated to be a 5-week process. The Stormwater project is going great, and completion date is still November 1. City Manager Frandsen: There is a new law effective in January which is taking out the ability to fine developers and builders for storm water issues. There are a lot of cities fighting back. He has been working on the consolidated fee schedule. He is close to having it done but with this new law we will have to take out those fees. We are sending out invitations to the Veterans Memorial committee to have them come to the next city council meeting to thank them for all their work. There will be a dedication of the memorial on November 11, 2024, Veterans Day. The front entrance that we received a grant for will be done next year. The estimated bid back from the architect was $419,000, The city did not budget that much for this project. When it first started it was about $250,000. He has talked with the county to see how to extend the grant. Their recommendations were to give back the money and then re-apply for the project. ADJOURNMENT: Council Member Eileen Moss made a motion to adjourn the meeting with Council Member Mark Cottrell seconding the motion. It was unanimously approved by the Council. (9:07) Not approved until signed. /S/: _____________________________ Hailee Ballingham, City Deputy Recorder Date approved by City Council: October 15,2024