Meeting of 2004-3--04 Regular Meeting

Kari McFee - Children’s Justice Center Board - Request for funds to help with new Center: Children’s Justice Center Director, Marcie Mason, thanked the Council for letting them make a presentation. She explained that the purpose of the CJC was to provide a home-like environment for children that have been victimized by child abuse. She gave a brief history of the Center and explained that the lease on their current building was up last August. She indicated they have had some “fabulous” donations from the community to build a new Center and that ground breaking would take place on April 2. Mason indicated they were looking for funding for the new Center as well as labor donations. Mason explained that the house they currently occupy will go to Habitat for Humanity to help a worthy family and the land would be used for parking for the school. Mason indicated they had outgrown their current facility simply because they often have to interview more than one child at a time. She talked about the proposed home, its location, and how it will blend in with the rest of the neighborhood. It was explained that they are in need of approximately $80,000. Councilmember Lazenby indicated she had compassion for this service an felt it brought a great service to the community. She said she “would hope the Council would want to support this.” Councilmember Phillips indicated, “We would be hard pressed to find a better cause” and asked what discretionary fund were left in the budget. Councilmember Lange expressed concern and indicated this request should be considered during the budget process with all other requests and look at the whole picture prior to making a commitment. Councilmember Burns agreed with Councilmembers Lazenby and Phillips and indicated, “If we have any discretionary funds, we should give.” However, he also agreed that the budget had to be considered. Councilmember Shelton agreed that the budget needed to be considered. Anderson indicated he would have information at the Budget Meeting on the 16^th. It was agreed if the Council were to donate funds, it would be a one-time donation.

Bud Remund - Request to connect to the Sewer System: Remund reviewed the last time he met with the City regarding a sewer connection at which time his request had been denied. He indicated he had since met with Wasatch County and they advised him to make a second request to the City. They had indicated to him, that if the City were to deny his request again, they would consider a Special Service District. Councilmember Shelton asked Remund if he understood the position of the City in not allowing services outside the City limits. Remund indicated he did understand. Councilmember Shelton indicated he did not think another SSD would benefit the City at all. Remund indicated he had been under the impression that he would be able to hook on to the sewer when the line was installed–he said he did not have anything in writing–it was just a verbal agreement. Remund also indicated he had visited with Phil Wright of the Health Department and had been informed he could not have a septic tank. Remund asked, “Why have all these lines outside the City limits if people cannot hook up?” He also said that everyone he had talked to felt he should be able to hook on since the land was taken from him to place the line and a berm put on the line. Councilmember Phillips asked, “You had the City Council answer before. Are you now asking for us to change our minds?” Councilmember Shelton explained that theTwin Creeks SSD and the Jordanelle SSD have agreements to use the lines. However, he indicated “those will not be expanded and those conditions already exist.” He expounded on the fact that the position of the current City Council is to not allow people outside City limits to connect. Mayor Adams indicated that both the County and City were wanting to keep the North Field area open and free of additional development. He also discussed the high water table and felt that was the reason the Health Department would not allow a septic tank. Councilmember Lange reviewed that when the County agreed to allow the Ernie Giles SSD it was for a barn and not for living quarters. The Council agreed they were not willing to allow a connection onto the sewer line for Mr. Remund.

George Bennett - Annexation Petition - Kevin Beliveau property located at approximately 625 North Main Street: Tony Kohler reviewed that the annexation boundaries on the Annexation Map had been changed to accommodate this discussion, allow consideration for this issue and to clear up a “weird” boundary. George Bennett said he appreciated the chance to talk to the Council about this issue and explained the difficulty with the City’s north boundary line. He indicated that Beliveau had not been able to get a building permit because his current building sits on property that lies in both the City limits and the unincorporated County. Bennett indicated that the problems started in 1847 when the paper survey of the City limits was different than the actual layout. Bennett indicated he had talked with both the County Recorder and County Surveyor and they have indicated they don’t care where the line is. However, they have made a determination so that a plat could be drawn up and presented. Councilmember Burns moved to accept the Annexation Petition and refer it to the Planning Commission for further discussion and recommendation with the stipulation the area would meet the landscaping requirements of the C-2 Zone. Councilmember Lazenby made the second. The voting was unanimous in the affirmative.

Councilmember Burns addressed this issue and indicated the City had a Code in place that needed to be followed. He indicated he felt bad this particular subdivision did not abut onto a current street; however, the Code dictates that homes have to be built on an existing street. “I believe the Code is in place for a purpose,” he said. Dave Millhiem indicated he had a 32-lot subdivision and that because of the layout of the subdivision, homes could not be built until the roads were in place. He had provided the Council with a copy of an ordinance from South Jordan City and had brought another one from Draper. He contended that if you assume a 3-month construction cycle for infrastruction, by the time they could get builders in, the model homes wouldn’t be ready until late fall which was going into the worst selling season. He explained they had all the lots precommitted to two builders and each wanted to do a model home. He explained that people don’t want to see plans of homes, but rather model homes. Discussion in regard to changing or not changing the Code as currently in force. Neither Councilmember Burns nor Mayor Adams were inclined to change the Code. Councilmember Lange indicated the City was still suffering from the consequences of Timp Meadows and the problems associated with people moving in prior to substantial completion. Millheim indicated he understood why the ordinance was in place but thought there was overreaction from the Council and staff. He reiterated that the problem in Heber was the extremely short building cycle. Councilmember Phillips reminded Millheim that the City doesn’t force builders to build in Heber but rather that it is their choice. Millheim felt there would be “ripple effects” from the Code as written that haven’t been seen yet. He felt his situation was unique and needed consideration. He said he wouldn’t be “whining” if he had a street to abut onto. He agreed there should be strict criteria and regulations which was why he had brought sample ordinance for the Council to consider. None of the Councilmembers wanted to make a change in the Code at this time.

Ordinance 2004-05 - An Ordinance amending the Heber City Municipal Code, Title 13 Chapter 4, Public Services, by adding Section 085, Initial Water Service Fee: Councilmember Lazenby addressed the proposed Ordinance and reviewed the proposed fees. Anderson explained that what was currently happening was the contractor asks that a meter be set or he places a jumper. (The jumper is contrary to City policy.) He explained the fee would be equivalent to five months of water usage. Mumford explained that because of other jurisdictions’ practice of putting in jumpers, which was basically stealing water, the City had contractors doing the same thing here without checking to see if it was City policy or not. He said this fee being imposed at the time the building permit was issued would allow the legal use of water. Councilmember Shelton indicated, “the only thing that bothers me is the word unlimited water use.” Wes Greenhalgh felt there was the potential of some water being wasted but said his department would watch for that as they do the normal inspection throughout the building of the home. The Council agreed that the word unlimited should be eliminated. Councilmember Shelton moved to approve Ordinance 2004-05, an Ordinance amending the Heber City Municipal Code, Title 13, Chapter 4, Public Services, as presented with the word unlimited being taken out. Councilmember Burns made the second. No further discussion. Voting AYE: Terry Wm. Lange, Vaun Shelton, David Phillips, John Burns and Shari Lazenby.

Ordinance 2004-03 - An Ordinance adopting Chapter 18.110 of the Heber City Municipal Code, Telecommunication Facilities - Continued from February 19, 2003: Councilmember Phillips reviewed the history of this ordinance. He explained that at last meeting some additonal commetns were made. At that time, the Council asked that these additional comments be incorporated. Councilmember Phillips moved to enact the 2004-03 Ordinance as presented two weeks ago. Discussion that there were two changes incorporated into the Ordinance from the comments made at last meeting. Additional discussion that KTMP has expressed some interest in the CLM building and if adopted as presented tonight, they would be “damaged”. Councilmember Phillips withdrew his motion. Additional discussion. Councilmember Phillips moved to approve Ordinance 2004-03 as presented tonight. Councilmember Burns made the second. Voting AYE: Terry Wm. Lange, Vaun Shelton, David Phillips, John Burns and Shari Lazenby.

Adopt Resolution #2004-01 - A Resolution Authorizing the Continued Operation and Funding of WADEN (Wasatch Area Drug Enforcement Network), As Well as the Execution of the Accompanying Interlocal Agreement to That Effect: John Rogers presented material to the Council that gave history of WADEN. It was formed in 1991 between Heber City, Midway City, Wasatch County and other local governmental agencies. Rogers indicated that he was currently the coordinator of the Agency. Rogers explained that Heber City and Wasatch County have in the past provided manpower and Midway City had provided office space and accounting services. He said that in looking over the old agreement, there were agencies listed that were not in place now. Councilmember Burns questioned what would happen with WADEN when the Major Crime Task Force was put into place. Rogers indicated that “WADEN will always be WADEN because of the way it is funded--WADEN will be the drug arm of that force” but that it is funded separately. Rogers felt that as long as there were grant funds available, WADEN would be the drug task force. Rogers discussed Summit County coming on board because so many of the drug problems are shared problems. He also indicated that most major crimes have a drug tie-- therefore, WADEN would participate. He emphasized again that funding had be to separate. The Council questioned why they were just presented with the agreement in their materials tonight rather than with the packet which would have given them time to review it. It was explained that the Agreement had been ready but had been left off the Agenda in error. The Agenda was amended to present the Agreement. Councilmember Burns felt that since an agreement had been in place for the past 13 years and since this new proposed agreement included Summit County with few other changes, the Council should consider the issue. Rogers agreed that wording was 90% the same and the City Attorney, Mark Smedley, had reviewed the document. The Council asked for a short break to allow them time to review the document. Councilmember Burns moved to adopt Resolution 2004-01, A Resolution authorizing the continued operation and funding of WADEN and execute the accompanying Interlocal Agreement. Also that if funding was lost, the agency would come back to the City for further consideration. Councilmember Phillips made the second. Councilmember Lange asked if the financial responsibility of the City would increase. Anderson indicated that if the grant funding ran out, the assets would be divided and the agency dissolved. Voting AYE: Terry Wm. Lange, Vaun Shelton, David Phillips, John Burns and Shari Lazenby.

Approval of the proposed restructuring of the Heber City Police Department: It was pointed out that this issue had been discussed during the last meeting and was being placed on the agenda again this meeting under Action Items rather that Discussion Items. Councilmember Lange expressed concern with this not going through the budget process. He felt it should be addressed in this year’s budget and next year’s budgets. Anderson said the Chief had outlined the fiscal impact in his report. Chief Rhoades reviewed the report and indicated that from now until the end of the fiscal year the financial impact would be approximately $7,000. Following years the impact would be between $17,000 and $20,000 annually. Mayor Adams felt this would be Heber City’s contribution to a Major Crime Task Force which the Council had outlined as a major focus this year. Councilmember Burns asked Chief Rhoades if he had enough in his budget now to cover this year and next year. Chief indicated yes but he had it earmarked for other things. Chief said that if he stayed on track as they are now, he would have about $37,000. However, he indicated that during the last couple weeks, they had almost shot people and were now looking at different weapons which would cut into that reserve. Councilmember Phillips said he could “get past the over supervision.” However, he did have concern with approving this now, which would obligate next year, until the Council had a change to go through the budget process. “This is a process that will obligate the City forever,” he said. Chief Rhoades said, “There is something wrong when we are always playing catch up.” Councilmember Phillips asked if three weeks would really make a difference. Councilmember Lange felt this was “jumping the gun now like we have never jumped the gun before.” He did not feel comfortable approving this request without knowing the requests from other departments. Anderson pointed out that the City had an additional building to operate now that the police had relocated–an expense not had in the past. He also indicated that the City had received $15,000 less in sales tax this February compared to last February. Anderson said his preference was to lay everything on the table at one time. He also suggested that this would leave the impression with other employees that the City Council had preference for the Police Department over the other departments. The point was made that during the budget meeting at the Homestead, the Council agreed that police protection and fighting drugs and crime would be a major focus this year. Councilmember Lange felt the Council needed to “take a good, hard look this year” at the finances. He said he was as concerned with the City finances just as much as the finances of his employer and other businesses. Mayor Adams felt the Council should “put our money where our mouth is.” He also said that one of the problems with government is that it doesn’t change quickly. Councilmember Burns would like to see the City go ahead with this, especially since there is evidence of funding for two years. He said he strongly supported a crime task force. Councilmember Shelton felt that three weeks wouldn’t “kill the situation.” Councilmember Lazenby felt it was important to do this now. She indicated that the Public Works Department was getting a building and it was evident that this Council was trying to make changes and make things better. She indicated she wanted to look at the hiring practices. Chief Rhoades indicated that his policy states in order to test for sergeant, a person had to have five years of law enforcement experience with three years being with his department on a full-time status. Chief Rhoades reviewed his interviewing and grading process. He indicated he was gathering letters of intent now. Concern expressed again that this would obligate the City for years to come. Councilmember Burns moved this item be tabled until next meeting and brought as top priority during the budget meeting on the 16^th. Councilmember Shelton made the second. The voting was unanimous in the affirmative. The Council expressed support for the Police Department and did not want this postponement to be viewed as non-support.