City Council

WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 The minutes of the Woods Cross City Council meeting held January 21, 2025, at 6:30 P.M. in the Woods Cross City Hall located at 1555 South 800 West, Woods Cross, Utah. COUNCIL MEMBERS PRESENT: Ryan Westergard, Mayor Wally Larrabee Julie Checketts Gary Sharp Eric Jones COUNCIL MEMBERS EXCUSED: Matt Terry STAFF PRESENT: Bryce Haderlie, City Administrator Annette Hanson, City Recorder Sam Christiansen, Public Works Director Brian Passey, Finance Director Curtis Poole, Community Development Director Johnny Filler, Public Works James Bigelow, Police Chief INVOCATION/PLEDGE: Gary Sharp PUBLIC ATTENDANCE: Robin Cahoon Goodman Michale Wall Jim Grover Don Schrader David Lewis IV LeGrande Blackley Mariah Wall Jesse Freidman CITY COUNCIL VACANCY INTERVIEWS The City Administrator noted there was a vacancy created on the City Council with the resignation of Council Member Terry. The City Administrator went over the procedures on filling a vacancy on the City Council in compliance with Utah Code. He noted tonight’s meeting would include interviews and the appointment of a new Council Member to fill the vacancy. It was noted there were three components to consider as the Council proceeds with this appointment. They included application review, applicant presentation and interview and selection/voting. There were three candidates who applied to fill the remaining term for Council Member Terry. They were Jim Grover, David Lewis IV, and Robin Goodman. Their applications were reviewed, they made their presentations and then answered questions asked by the City Council. After the interview process was completed, the Council took into consideration all that had been said and took a vote on the candidates as to who they would like to see fill the City Council vacancy. Following the vote, it was noted that Jim Grover was the unanimous choice from the Council to fill vacancy. Council Member Sharp then made a motion to appoint Mr. Jim Grover to the City Council with Commissioner Jones seconding the motion and all voted in favor of the motion through a roll call vote. Council Member Jim Grover was then sworn in as the newest City Council member by the City Recorder and was invited to take his seat with the rest of the Council. OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 2 CONSENT AGENDA APPROVAL The Council reviewed the items on the consent agenda. Following their review, Council Member Larrabee made a motion to approve the items on the consent agenda. Council Member Jones seconded the motion, and all voted in favor of the motion through a roll call vote. CONSIDERATION TO APPROVE MINUTES The minutes were approved for the time period of 1/7/25 through the consent agenda. RATIFY CASH DISBURSEMENTS The cash disbursements were approved for the time period of 12/20/24-01/01/25 were ratified through the consent agenda. CONSIDERATION TO ADOPT RESOLUTION 2025-889 AUTHORIZING SURPLUS OF PD TASERS FOR POSSIBLE CREDIT WITH AXON The Chief of Police had presented a list to the Council of surplus property due to age/excessive wear/department procedure and noted that Axon has agreed to give the police department credit for the items they can re-use. It was noted the items that could not be re-used would be destroyed. Resolution 2025-889, a resolution authorizing surplus of PD tasers for possible credit with AXON was approved through the consent agenda. CONSIDERATION TO ADOPT RESOLUTION 2025-890 AUTHORIZING SURPLUS OF PD RADIOS The Chief of Police presented a list of surplus property to the Council due to age/excessive wear/department procedure. It was noted the radios being presented are not compatible with the P25 system that the Utah Communications Authority has recently mandated the department switch to. It was noted the radios are inoperable or damaged and would be declared a surplus property. Resolution 2025-890, a resolution authorizing surplus of PD radios was approved through the consent agenda. CONSIDERATION TO APPOINT PLANNING COMMISSION MEMBER The Mayor noted a seat on the Planning Commission needed to be filled since Eric Jones had moved from being a Planning Commission member to becoming a City Council member. The Mayor said he would like to appoint Mariah Wall to the Planning Commission. He noted she had been one of the candidates interested in filling the last open City Council seat and had been interviewed by the City Council for that position, so they were familiar with her abilities to fill this position. The Mayor said she OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 3 had accepted the request to appoint her to the Planning Commission and he was excited she was willing to serve in this capacity. Council Member Checketts made a motion to appoint Mariah Wall to the Planning Commission, with Council Member Larrabee seconding the motion and all voted in favor of the motion through a roll call vote. The City Recorder then administered the Oath of Office to Mariah Wall for her appointment to the Planning Commission. The Mayor and Council congratulated Commissioner Wall on becoming the newest member of the Planning Commission and thanked her for her willingness to serve in that capacity. PUBLIC COMMENT The Mayor then opened the meeting for public comments that would take less than three minutes. There were no public comments, and the Mayor closed the public comment period. CONSIDERATION TO ADOPT RESOLUTION 2025-891 AWARDING THE BID FOR SOLID WASTE AND RECYCLING SERVICES AND ENTER INTO A CONTRACT WITH ACE RECYCLING & DISPOSAL The Mayor noted they would not be ready for the contract for waste and recycling services at this meeting, but he would like to have some discussion on this item. The Public Works Director said there had been some concerns about safety with the ACE and he said that could be addressed when they come back and talk to the Council after a contract is ready. He said of the four cities he had contacted that use the same waste service; none had any safety concerns. He said all four cities he had spoken to have had a good experience with ACE. Council Member Checketts asked if there were safety reports that can be required to make sure trucks are up to standard. The Public Works Director said safety reports are a part of the contract so those can be reviewed often. The Public Works Director said there was also some concerns for the contract length, and that renewals would take place every two or three years because it is a lengthy process to reapply for a new hauler. It was noted there are ways that termination can happen if they do not perform as outlined in the contract. Council Member Checketts asked if there could be a missed can report to see how many cans got missed for pickup. Staff noted they would look into that matter. The Public Works noted that the other cities he had spoken to that use this service said ACE service is very good at picking up missing cans, sometimes even before a resident has reported it. Council Member Checketts also asked if the same four holidays that are delayed for garbage pickup now would also be delayed if ACE were to take over. The Public Works Director noted there are only the four holidays that waste is not picked up and would be delayed. Council Member Checketts asked how the city will let the elderly people that may need help with their garbage cans know their cans can be walked to the curb by ACE for their waste to be picked up. It was OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 4 discussed that the information could be put in the city newsletter and posted on the reader board as well as be posted on social media. The City Administrator noted those cans need to be in front of the garage and walks need to be shoveled as well for ACE to perform this service. The Mayor also noted that the city opposed having ACE own the cans and supplying them to the city. The City Administrator said having the city own their own cans might be a better option to be able to have control over the cans. It was noted purchasing cans would need to be looked at to see what options there are and what the cost would be. It was noted there should be enough in the waste management fund balance to cover the cans. There was discussion on the benefits of the city owing the cans, how much cans would cost, and how the cans would be switched out. There was also discussion on assembly and storage of the cans if the city took ownership of the cans. Council Member Checketts asked about glass recycling and if could be made available. It was noted there is a service that does offer glass recycling but that would need to be looked at as well. She asked if there could be a place where glass be taken such as the Public Works building. The Public Works Director said there is some concern with glass recycling and the safety with general glass collection since there is a possibility of glass being broken. Council Member Checketts asked if glass could be collected the second Saturday of the month during waste drop off at the city shops. Staff said they would look into that possibility. The City Administrator asked how the Council wanted to move forward with the contract for waste collection and for how long they felt like they wanted to sign the contract for. The Council said they felt like they would like to start with a three year contract. Council Member Grover said he liked the idea of buying the cans now because the cost is known now, and it is not sure how much the cost of the cans would go up in price over the next few years. He also said he liked having a shorter two or three year term for service renewal. The Public Works Director also said there were no fuel costs for ACE services. He also mentioned Waste Management has a grant program that would help with the purchase of recycling cans. Council Member Checketts asked if ACE would pay for a broken can if the can were broken during pickup and staff said yes, they would prorate the cost and pay the city if a can was broken. There was also discussion on making sure cans are not overloaded to cause cans to fall into the trucks, making it so the residents lose their cans. It was noted there is some responsibility on the part of the homeowner to take care of this problem. Council Member Sharp said he liked the five year contract was a good way to go to avoid having to start the process all over again. The City Administrator asked if the Council felt comfortable starting with a three year contract and then look at doing two, three year extensions. OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 5 The Mayor said he liked a five year contract in case there was an increase in costs. Staff said the RFP was for a five year period with two three year extensions. There was discussion on having renewal provisions to make sure the CPI price is followed. The City Administrator said ACE would be coming to the next meeting so the Council could meet them and hear from them about their service. The Council directed staff to go ahead with purchasing the cans, moving forward with the five year contract term with the option for two- three year renewal options, and they would come back to the Council with safety report information and missed can reports. There was a question if the days would change for pickup, and it was noted the days would be the same, but the time of day may change. There was a question from a city resident asking if the current cans would be used until they have worn out. The Mayor said they would use the cans as long as possible, but they are still trying to figure out and negotiate to see what the most cost effective option for the cans will be. Council Member Larrabee made a motion to table this item until the staff can provide the further information as directed by the Council. Council Member Checketts seconded the motion, and all voted in favor of the motion through a roll call vote. CONSIDERATION TO ADOPT RESOLUTION 2025-891 APPROVING THE CONTRACT FOR THE BUILDING DEMOLITION AND PROPERTY CLEANUP AT 1351 W 1500 S The Public Works Director continued with the floor and noted when the city purchased the property located at 1351 W 1550 S, it did so as-is. He noted that after doing some investigation, asbestos was found in the drywall mud throughout the home and garage located on this property. He said the city staff looked into methods of abating the asbestos allowed by the EPA and State regulations, and removal of all the drywall prior to demolition was the only option. The Public Works Director noted that with a rash of break-ins and damage to the vacant home on this property, staff feels that now is a good time to remove the buildings and grade the property flat for easier maintenance and to prevent any injury from those trying to break into the home. He noted that the longer the home remains on the property, there is a chance of more break-ins or someone getting hurt. He said when the project of removal is completed, the property will be reseeded with native grass and maintained as open space (mowed regularly) until plans and funding are approved for the park’s expansion. The Public Works Director also noted that staff feels like the 2 metal buildings on the property still have some value and have advertised them to allow individuals to reuse the metal. He said staff directed the removal company to remove the buildings if pricing exceeds the $16,300 Sage Demolition quote. The Public Works Director went on to note that staff is recommending the resolution awarding the contract for the building demolition and site cleanup at 1351 W 1500 S (Mills Park Annex) to SAGE Demolition for $64,970.00 and have staff engage a contractor to remove the 2 metal sheeted buildings on the property not to exceed $16,300.00. OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 6 It was noted that for FY24-25, $65,000 is currently budgeted for this project in the RAP Tax Fund. City staff reviewed the bids and the RAP Tax fund balance and recommends increasing the budget to approve this project. Following the information given by the Public Works Director, Council Member Sharp asked about the grading of the land and wondered if there was a worry for finding anything that may be buried. The City Administrator said there was an environmental study done that did not indicate there was a problem. The Public Works Director said they may not find anything until they start digging. Following the information given Council Member Jones made a motion to approve resolution 2025-891, a resolution approving the contract for the building demolition and property cleanup at 1351 W 1500 S. Council Member Checketts seconded the motion and all voted in favor of motion through a roll call vote. COMMUNITY DEVELOPMENT REPORT Below is the report for the month of December. December is typically a slower month for permits and applications. Building Permits and Land Use Applications • 8 Residential Building Permits (4 new single-family dwelling permits) o $1,676,766 total valuation o $56,768.51 total permit fees • 4 Commercial Building Permits o $10,676,437 total valuation o $112,385.39 total permit fees Business Licenses Code Enforcement • 7 new Business Licenses • Top Complaints • 645 total Business Licenses o Parking Violations • 456 Licenses have been renewed o Right-of-Way Obstructions Updates • Building permits are currently being issued for the new residential subdivision, The Audrey. • A building permit was issued for Choice Learning and groundwork has begun. • The business license renewal deadline was December 31; however, with the addition of the new software and trying to help people navigate the system we are extending the deadline for renewals with no late penalties to mid-February. After that date, penalties will begin to accrue according to city code. COMMUNITY DEVELOPMENT REPORT Mr. Curtis Poole reported on the activities of the Community Development Department. There was a question about looking into changing business license rates from a standard fee to varying fees. Mr. Poole said he would look into the matter. It was noted there would need be a study done to be able see about the fees. Mr. Poole also mentioned the legislature is looking at fees being collected for building fees and the possibility of removing fees to make housing more affordable. The Council looked at the fees and Mr. Poole OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 7 said removing fees may not have the desired effect the legislature is proposing for more affordable housing, but that may come in the future. POLICE REPORT DISPATCHED CALLS 2024 2023 YEARLY Jan—445 Jan--735 2023—6,867 Feb—419 Feb—603 2022—10,155 March-448 March—702 2021—9,106 April—501 April—712 2020—10,473 May—526 May—771 2019—11,368 June—455 June—716 2018—11,600 July—524 July—906 2017—11,411 Aug—558 Aug—511 (Spillman) 2016 – 12,393 Sept—578 Sept—511 2015—12,819 Oct—532 Oct—448 2014 –9495 Nov—415 Nov—353 Dec—511 Dec—410 Total—5,912 Total—6,867 PATROL OVERVIEW Calls for service-- 511 Reports taken by patrol-- 242 TRAFFIC Citations issued-- 75 Traffic Citations-- 75 Physical arrests-- 09 Traffic Violations-- 104 Use of Force-- 03 Officer Salas was out and not working due to a medical condition. The above stats reflect what the rest of the department did in his absence. DETECTIVE DIVISION 39-- New Persons Crimes/Sexual Assault/Death Investigations/C.A.N.R. cases (child abuse neglect report) 16-- New Theft/Property/Fraud Cases 17-- Cases closed with and without arrests 55-- Cases still active between both detectives. Majority of cases are waiting to be closed out by the Davis County Attorney’s Office USE OF FORCE REVIEWS The sergeants and administration reviewed three use of force reports. All three were determined to be within department policy and state law. DEPARTMENT ACTIVITY  OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 8 Latai Sekona started our department on December 20. She comes to us from South Salt Lake P.D. Brandee Downes takes her physical fitness test on January 8 to re-activate her certification. She is a retired Sgt. From Salt Lake P.D. Santa Claus Parade with South Davis Metro. Preparations continue for the guardian program. Cops and Kids ICAC The investigations unit investigated a rape of a child report. Det. Timothy and Det. Zierse were instrumental in helping to apprehend the suspect who had been abusing a young girl since the age of 9. The suspect was taken into custody after agreeing to meet with an officer posing as the young girl and was apprehended and is in jail being held without bail on over a dozen felony charges. CITY ADMINISTRATOR’S REPORT 1. Ongoing work with North Salt Lake and Salt Lake City to restore the Woods Cross Quiet Zone with the Federal Railroad Administration (FRA). North Salt Lake’s Main Street and Salt Lake City’s 1000 W crossings are the last two deficiencies in the quiet zone. Periodic updates have been sent to the city council, staff, media, and others to keep them apprised of the situation. It is anticipated that the Waiver Request will be heard by the FRA in February, but a date has not been set by the FRA at this time. We have been very pleased to learn of the congressional support happening in Washington DC. Staff members of Representative Celeste Maloy and Representative Burgess Owens have met directly with FRA staff to encourage cooperation and positive outcomes. 2. An appeal to the State Records Committee by Fox 13 reporter Adam Herbets was held on Jan. 16th. The appeal was to compel the city to release body camera footage taken inside the Benchmark healthcare facility. The Records Committee heard arguments from Mr. Herbets and Jayme Blakesley, legal counsel for the city. After a review of the footage by the committee, and discussion, the appeal by Mr. Herbets was denied. While this was a lengthy and time-consuming issue, we feel that the decision was very important to maintain the privacy of an individual and keeping the video a “protected record” as defined in the State Code 63G-2-305(64). 3. Worked with staff and contractor to prepare the solid waste collection contract starting July 1, 2025. Waste Management has expressed an interest to sell Woods Cross the cans that they have in the city, and we are exploring that with them. 4. Working with staff to prepare the CDBG Subsidence grant project that will be heard by the RDA on Jan. 21, 2025. 5. Attended the Legislative Policy Committee meeting remotely and caught up on some of the anticipated bills being proposed by the legislature in the upcoming session that runs from January 21st to March 7th. Hot topics include: a. Affordable housing, zoning, permits and inspections, density, parking, landscaping b. Homelessness c. Floride d. Bicycle lanes e. Code Enforcement OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 9 f. State control over more local issues – zoning, large projects, short-term rentals g. Transportation utility fee. It is going to be a fun and interesting 45 days on the hill. 6. Renewed SAM.gov registration. This is a federal repository of information that enables Woods Cross to receive federal grants and other funding. 7. Making preparations for our Strategic Planning meeting on January 30th and 31st. 8. Working with Zions Bank and Young Chevrolet to receive the 5 new public works trucks and 6 police trucks. The trucks will be upfitted with the necessary equipment so they can be used. We will rotate the six outgoing police vehicles to their respective uses (one to community services, one to replace the PD investigation truck, and three for the PD backup and reserve officer). We are working with Zions Bank to receive the balance of the insurance check from the truck that was totaled in a police pursuit in November 2024. A resolution to approve the financing of these 11 trucks and the water repair truck will be brought to the council in the near future. FINANCE REPORT December Finance Report 1. 10-31-100, 200 - The bulk of the property taxes have been received but will be distributed by the county over the next few months. 2. 10-31-300 - Sales tax revenue is slightly ahead of the year-to-date budget projections. This is a pleasant surprise where the revenue has been fairly flat over the past few months. 3. 10-31-400 Data franchise fees. Not worried about this because it typically comes in one annual payment. 4. The license and permits revenue (land use fees, building permits) is doing well. 5. 10-35-100 – Court fine revenue is rebounding now that we are filling our police officer positions. 6. RDA – Fund 25 – Revenues arrive after property tax collection and county review. 7. The other funds appear to be within budget projections YTD. COUNCIL ITEMS QUESTIONS/DIRECTION TO CITY ADMINISTRATOR OR STAFF Council Member Sharp asked when officer Downs would be starting, and the police chief said she would be starting on Monday. Council Member Jones asked why there were more funds in the cash position fund than had been collected in that fund in the past. The City Administrator said he would be able to update Mr. Jones after the meeting on that question. Council Member Checketts thanked the Police Chief on the good work for ICAC. The Mayor thanked the City Administrator for all of his work on the quiet zone issues. The City Administrator said there were 364 comments for the public comment sent to the FRA on this matter and the comment period was closed. He noted the matter would be brought up at the next FRA meeting and it would be either approved or denied on whether or not to approve the waiver for the two crossings that are working on becoming compliant. He said if that does not happen, they might consider having smaller quiet zones, from Ogden to Salt Lake, but that may not be advantageous, as some of the smaller zones may not qualify for a OFFICIAL MINUTES WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2025 PAGE 10 quiet zone depending on the metric. The Public Works Director said the elected officials in Washington are working on helping to get a waiver issued within the regulations of the FRA. COUNCIL REPORTS Council Member Larrabee said Nathan at Wasatch Integrated will be retiring in June. Council Member Sharp asked about the email sent by Council Member Larrabee talking about a possible can fee increase. Council Member Larrabee said it would be in Weber County. Council Member Sharp reported on the last Planning Commission meeting held. Please see the minutes of that meeting for the details of his report. The Mayor reported the recreation district’s financial numbers are making pretty good progress. The Mayor said there was a compliment from a resident that attended the past sewer meeting who thanked them for taking good care of things. He said there have been additions to the sewer plant to help remove the nutrients that the EPA is required for cleaning the water. He also said they are putting in a new digester so it will be closer to the plant for convenience. He said they are getting into compliance with what the EPA is requiring. He said they are also getting close to getting the food waste project wrapped up. The Mayor said the fire district had their 20-year celebration and it was nice. He said they do a good job at the district. ADJOURNMENT Council Member Sharp made a motion to adjourn the meeting at 8:13 P.M. Council Member Larrabee seconded the motion, and all voted in favor of the motion. ________________________________________ __________________________________________ Wally Larrabee, Mayor Protem Annette Hanson, City Recorder Approved by City Council 2/4/25