Meeting of 2005-7--07 Regular Meeting

Month 2005-7 July

Heber City Corporation

City Council Meeting

07/07/2005

7:00 p.m.

REGULAR MEETING

The Council of Heber City, Wasatch County, Utah, met in Regular Meeting on 07/07/2005, in the City Council Chambers in Heber City, Utah.

Present: Mayor Lynn L. Adams

Council Members Vaun Shelton

David Phillips

John Burns

Shari Lazenby

Excused: Terry Wm. Lange

Also Present: City Manager Mark K. Anderson

City Recorder Paulette Thurber

City Planner Allen Fawcett

Chief of Police Ed Rhoades

Others Present: Heidi Robison, A.J. Harris, Josh Ross, Sheryl Ross, Hunter Garcia, Michael Bardole, Chase Bardole, BethAnn Schneider, Susan Kohler, Mel McQuarrie, Mike Thurber and others whose names were not legible.

Pledge of Allegiance: Mayor Lynn L. Adams

Prayer: Councilmember Vaun Shelton

Minutes: June 16, 2005, Work Meeting

June 16, 2005, Regular Meeting

Councilmember Burns moved to approve the minutes of the June 16, 2005, Work Meeting and Regular Meeting. Councilmember Lazenby made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Mayor Adams had the Boy Scouts introduce themselves. They gave their rank and indicated what badge they were working on.

City Council Board Assignment Reports

Wasatch County Housing Authority – 1^st Wednesday – Shelton

Heber City Planning Commission – 4^th Thursday – Lazenby

Heber Light and Power – 4^th Wednesday – Adams, Phillips, Lange

No reports were given

Open period for Public Comment

One of the Scouts asked the reason why Heber City did not have a youth center. He suggested there were a lot of youth and if the community provided them with something to do, it would help prevent teen pregnancy and other problems. He felt there was nothing for the teens to do. Councilmember Burns told the young man that in the last month work on a Youth City Government had begun. He explained that one existed about seven years ago. He explained how the Youth City Government functioned and that it involved about 400 youth. He felt it provided the opportunity for good training and leadership skills to be developed. Mayor Adams indicated the community was looking for a way to get a youth center but that it was very expensive. He said the trouble was how to pay for it but that it was definitely on the minds of community leaders. Councilmember Lazenby said there was the possibility of sharing with the school district and possibly combining with a high school. Anderson indicated there was a basketball court and other activities next door in the old senior citizen’s center. He also suggested there were a lot of activities available with the Wasatch County Recreation Department.

Consent Agenda

Memorandum of Agreement (MOA) between the Federal Aviation Administration (FAA) and Heber City Corporation for the operation and maintenance of an Automated Weather Observing System (AWOS): Councilmember Phillips moved to approve the Consent Agenda. Councilmember Lazenby made the second. No discussion. The voting was unanimous in the affirmative. Councilmember Lange was absent.

Appointments

Beth Ann Schneider – Waiver of Fee for non-profit food booths – July 9, 2005, Air Show:

Schneider thanked the City Council for all of their support and especially Mark Anderson and his crew. She said she was looking forward to having the Russ McDonald bust unveiling. She indicated her objective was to ask for a waiver of fees for non-profit vendors. (There were about eight of those. There were 10 that would be paying.) Mayor Adams said he did not oppose the request. Councilmember Lazenby felt it was a good cause and wanted to grant the request. Councilmember Phillips asked if it was actually a waiver or if the City had to pay the fee or make up the difference. It was discussed this would be a waiver-different than impact fees. Councilmember Phillips felt it was a small price to pay to support the air show. It was indicated the vendors do pay sales tax as they are not tax exempt.

Councilmember Lazenby moved to approve waiving the fee for non-profit booths at the air show. Councilmember Shelton made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Anderson said the Public Works Department had worked very hard to accommodate this air show as had the Police Department. Chief Rhoades discussed the difference in parking this year that should cause for smoother movement of traffic. Mayor Adams expressed appreciation for the Public Works and Police Departments. Chief Rhoades indicated he would have every officer there moving traffic.

Lee Frisby – Water and Sewer Connection – 1 acre parcel - Daniels Road and Airport Road: Lee Frisby was not in attendance. Councilmember Phillips indicated he wanted to wait to discuss this issue until Frisby could be in attendance.

Councilmember Phillips moved to table this item unless Frisby showed up by the end of the meeting. Councilmember Shelton made the second. The voting was unanimous in the affirmative. Councilmember Lange was absent.

Rick Widdison – Approval - Sale of Land - Manufacturing and Business Park: Mel McQuarrie represented Rick Widdison. McQuarrie said one of the main questions was the price and asked for explanation. He explained that Widdison was the first building/business in the Park and with a proposed expansion, he would bring in more jobs—“he is fulfilling what the Industrial Park was created for,” he said. He felt the price had gone up too high. Mayor Adams asked how much land in the County was going for. McQuarrie said about $22,000. Mayor Adams thought is was more like $50,000. McQuarrie indicated a piece by Binggeli Rock just sold at $25,000. Anderson said on Airport Road a piece had sold at $75,000. There was additional discussion about cost and market value. McQuarrie discussed the fact the parcel had been taken back from someone that had not made good on his contract and that it had been represented to Widdison that it possibly would be sold to him at what the City paid to get it back. Anderson said that when Widdison suggested he wanted to expand his business, he (Anderson) told Widdison that the City might be willing to sell the parcel if they got it back for the cost they paid. He did not promise but only told him it was a potential. After the Council met and discussed what the City could get for it, the decision was to sell it for more than what they purchased it back for. Anderson said it was his doing that lead Widdison to think that he could get it for what the City bought it back for. Councilmember Phillips reiterated that when the Council discussed this issue, it was determined what the parcel was worth and the City stay at that price. McQuarrie suggested the intent of the Industrial Park was to bring jobs into the City and the Council needed to look at the bigger picture rather than just what the land was worth. McQuarrie said Widdison was wanting to get going with this expansion. Councilmember Phillips suggested the Council was willing to entertain an offer from him--it was worth $71,000—he asked McQuarrie if he wanted to make an offer other than the $71,000. This issue was tabled for a short period of time while McQuarrie called Widdison on the phone. He came back to the room with an offer of $60,000. Mayor Adams polled the Council. Discussion.

Councilmember Phillips moved to accept $61,000. Councilmember Lazenby made the second. No further discussion. Voting AYE: Dave Phillips and Shari Lazenby. Voting NAY: Vaun Shelton and John Burns. Mayor Adams voted aye to break the tie. Motion passed.

Western Development – Small Subdivision / Lot Split – parcel located at approximately 1268 South Main Street: Mayor Adams reviewed this particular request as no one was in attendance from Western Development. Allen Fawcett showed an overhead of the parcel. Fawcett indicated there was nothing specific planned for this parcel--they just want to sell it off as a commercial lot as it was surplus land.

Councilmember Burns moved to approve the lot split based on Planning Commission recommendations—the City Engineer is to determine the amount of right-of-way needed along Daniel Road, consistent with the Master Plan. Installation of curb, gutter and sidewalk was deferred until the property was commercially developed. Councilmember Phillips made the second. Councilmember Shelton asked about the flood channel and if it would be left as is. Councilmember Lazenby indicated the Planning Commission had made that a requirement. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Mark Miller – Small Subdivision / Lot Split – parcel located at approximately 87 West 300 South: Fawcett showed an overhead of the parcel. Discussion on the recommendations of the Planning Commission.

Councilmember Phillips moved to approve the request based on Planning Commission recommendation with sidewalk being built along the perimeter of the subdivision prior to occupancy of the new building, curb, gutter and pavement improvements being deed restricted and the necessary water right being turned over to the City as determined by the City Engineer. Councilmember Burns made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Action Items

Resolution 2005-03 - Adoption – Certified Tax Rate: Councilmember Lazenby moved to approve Resolution 2005-03. Councilmember Shelton made the second. Voting AYE: Vaun Shelton, David Phillips, John Burns and Shari Lazenby. Councilmember Lange was excused.

Grade Change from Grade 14 to Grade 15 – City Treasurer: Anderson indicated there had been some talk about this change during budget meetings. Mayor Adams recommended this change based on this person not being about to move upwards in the pay scale and that she had been at the top of her pay scale for several years. Councilmember Phillips said he felt good about the proposed change. Anderson said the duties of the position warranted a different grade based on surveys of other cities.

Councilmember Shelton moved to change the grade from a 14 to a 15 for the position of City Treasurer. Councilmember Lazenby made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Annexation Petition – 2700 South Highway 189 – 21.94 acres of land on the West end of Heber Airport and known as the Critchfield Annexation: Mayor Adams reviewed this petition and said the City was going to try again to get this through. Anderson pointed out this property was owned by the City and adjacent to the City limits and that the City was the only property owner in the annexation. He said the City wanted to control its own property. He indicated the property had been purchased with FAA funds. It was felt the property ought to be in the City limits since the City was the only owner.

Councilmember Burns moved to accept the annexation petition, known as the Critchfield Annexation, containing 21.94 acres of land on the west end of the Heber Airport. Councilmember Shelton made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

Annexation Petition – Daniels/Airport Road Annexation – 109.23 acres of land located South of Heber City: It was pointed out this petition was not ready and would be brought forward at a future time.

Discussion/Action Items

Set Public Hearing Date – Ordinance 2005-08 – Amendment to the Heber City Municipal Code – Chapter 18.08, Definitions – Section 200, “Family”: Councilmember Phillips said there was a lot of information out in the world on this particular issue. Discussion that there needed to be a lot of discussion held on this issue before any change to the Code. Anderson said this was unique in that Mark Smedley, City Attorney, had created his own ordinance based on conservations he had with different people. Discussion about whether an ordinance dealing with what constitutes a family could be enforced. It was felt enforcement would be the main issue. Discussion about parking and registration of vehicles. Councilmember Phillips said he would not want to vote on a ordinance that could not be enforced. He asked how many complaints the City was getting. Chief Rhoades said a lot--both on parking and multi-family living. It was felt the situation was better than it used to be. Mayor Adams pointed out it was not just an Hispanic issue but, that as the cost of living went up, it was a problem with all cultures. Chief Rhoades pointed out that homes were designed in the 60’s and 70’s when just mom and pop had vehicles but that now each child had a car. Consequently, parking and concern with parking issues were an issue with all families. Additional discussion about parking. Councilmember Phillips suggested the Council put this discussion on a work meeting agenda and suggested August 18. Anderson asked if the Planning Commission should look at it based on Smedley’s recommendation. It was felt that was a better way to go.

Councilmember Lazenby moved to send this issue back to the Planning Commission for further discussion. Councilmember Burns made the second. The voting was unanimous in the affirmative. Councilmember Lange was excused.

At 7:52 p.m. Councilmember Burns motioned to move into Closed Session to discuss land acquisition and pending litigation. Councilmember Lazenby made the second. Those going into Closed Session were: Mayor Lynn Adams; Councilmembers: Shelton, Phillips, Burns and Lazenby; City Manager Mark Anderson; and City Recorder Paulette Thurber.

Other Issues

At 9:40 p.m. the Council returned to Regular Session.

Anderson indicated there had been some problems at the well and the Public Works Department had been monitoring the tanks. Councilmember Shelton suggested that was another reason to have pressurized irrigation in place to lessen the load on the wells.

At 9:45 the Regular Session of the Heber City Council of 07/07/2005 was adjourned.

(07/07/2005, Approved, 07/21/2005, Minutes taken by Paulette Thurber)