WOODS CROSS CITY COUNCIL MEETING JANUARY 21, 2014

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1 The minutes of the Woods Cross City Council Meeting held January 21, 2014 at 6:30 P.M. in the Woods Cross City Hall located at 1555 South 800 West, Woods Cross, Utah. CONDUCTING: COUNCIL MEMBERS PRESENT: Rick Earnshaw, Mayor Tamara Dayley Jill Evans Mayor Rick Earnshaw David C. Hill James Sheldon Ryan Westergard STAFF PRESENT: Gary Uresk, City Administrator Alan Low, City Recorder Greg Butler, City Police Chief Scott Anderson, Public Works Director VISITORS: Mark Hyde Don Schrader Lois Schrader Patt Huttsell Ryan Larsen Al Jewell LeDel Pace Jan Pace Kim Sheldon George Wilson Dero Gertsch Leslie Gertsch Jessica Gertsch Elora Schafer Vicki Flake Lucia Goodrich Karson Anderson Jaims Chastain Wallace Larrabee Rebecca Nielsen Heather Chastain Rachael Bodell Debbie Winn Stacy Weight Tyler Burton Jenna Burton Rollene Bradshaw Amy Smedley Dixie L. Weeks LeGrande Blackley Kent Parry INVOCATION: PLEDGE OF ALLEGIANCE: David Hill Gary Uresk The Mayor welcomed those in attendance and stated this is a regularly scheduled meeting that notice of time, place and agenda was sent to local newspapers and provided to each of the City Council members prior to the meeting. APPROVAL OF MINUTES The City Council reviewed the minutes of the City Council Meeting held January 7, After their review, Council Member Hill motioned the minutes be approved as written with Council Member Evans seconding the motion and all voted for the motion through a roll call vote.

2 PAGE 2 REVIEW OF FINANCIAL REPORT The floor was given to the City Recorder who reviewed the City s Financial Report with the City Council for the period ending December 31, The City Council reviewed the City s cash position, sales and use tax report, transient room tax report, report of the impact fees collected for the South Davis Metro Fire Agency, Energy Tax Collection report, three year monthly collection fines through the City s Justice Court, and an executive summary of the City s funds, comparing revenues and expenditures to the budget. APPROVAL OF CASH DISBURSEMENTS The floor was given to the City Recorder who reviewed the cash disbursements listing for tonight s meeting with the City Council as well as the disbursements the Council had approved through . After their review, Council Member Hill made a motion to approve the cash disbursements listing as presented with Council Member Evans seconding the motion and all voted for the motion through a roll call vote. OPEN SESSION (BRIEF ITEMS) The Mayor then opened the meeting to items from those present that they would like to bring before the City Council which would take less than two or three minutes. The floor was given to Ms. Dixie Weeks, a city resident, who asked if the city s budget report as presented this evening could be displayed on the monitors that are in the Council room for the public to follow along with. The city staff said they would look into this and see that it is done for the next presentation. The floor was then given to Council Member Evans who asked the staff for an update concerning the train whistles that are being blown at the crossings in Woods Cross City. It was noted by the City Administrator because there had not been any recent snow storms which caused the crossing lights to malfunction the train whistles should not be blown and he would contact the Union Pacific Railroad with the complaint. Also it was noted by the staff the current information concerning the train whistles are on the city s website. The floor was then given to Council Member Hill who expressed appreciation to the city staff for their recent report from the city s ordinance enforcement officer noting the items he has followed up on for the City Council s review.

3 PAGE 3 The Mayor then took the floor and expressed appreciation to Council Members Westergard and Evans who helped follow up with the city staff to see that the snow was removed from around the mailbox of one of the city residents, Ms. Patt Huttsell. Ms. Huttsell was present at the meeting and also thanked the staff for clearing the snow so she could get to her mailbox. There were no other items for the brief open session. REPORT FROM THE SOUTH DAVIS SEWER DISTRICT The Mayor gave the floor to Mr. Kent Parry, who is the city s representative on the board of directors of the South Davis Sewer District. Mr. Parry gave the following report to the Council concerning the district s activities: The South Davis Sewer District Board of Trustees met on Thursday the 16 th of January and this is a report of their activities. Arnel Heap and Dee Hansen were re-elected to serve as Chairman and Vice Chairman of the Board of Trustees. With most funds collected and dispersed, the budget report for December 2013 was presented with YTD revenue of $6,400,000 and YTD expenses of $6,800,000. Three will be an additional $200,000 in property tax and OU2 revenue (the EPA facility in West Bountiful) and $300,000 in operating reserves to be booked and an additional $100,000 in expenses to be recorded. This will balance the budget at $6,900,000 for the fiscal year. ALPRO Energy and Water spent a considerable amount of time on a presentation dealing with untapped potential to generate natural gas at both the north and south plant. There is excess capacity at both plants in the anaerobic digesters the south plant is at 20% capacity-and the north plant at 50% capacity and they would like to broker agreements with waste haulers (fats, oils, grease, animal and vegetable) to use the digesters to produce gas. They would then broker deals for the sale of the gas. This would be a public/private venture with an expected five (5) year return on investment (ROI). The Board made a recommendation of have ALPRO to do a feasibility study prior to a Letter of Intent to know what the costs and expected returns would be to the District. The Board also discussed water quality issues for 2014 with nutrient removal being the top issue. There was also a discussion on permit renewals; the permits expire in 2015 but the staff would like to start the process now in order to deal with any potential issues. Following his report, the Mayor and the Council expressed appreciation to Mr. Parry for his report to the Council.

4 PAGE 4 Mr. Parry continued with the floor and expressed to the City Council he would like another weeks time before making a decision on whether he would resign from his position as the representative from Woods Cross City on the board of directors of the South Davis Sewer District. He said he understood t the City Council would perhaps like a member of the City Council serve on the board of directors but he also wanted to contemplate the decision before advising the Council as what he would like to do. REPORT FROM THE CITY S POLICE DEPARTMENT The Mayor gave the floor to Chief Greg Butler, the Chief of the Woods Cross City police department who reported the following items to the City Council concerning the activities of the police department over the last 30 days. He presented to the Council the yearend report comparing 2012 and 2013 for a number of areas of focus of the police department. He noted there were 704 dispatch calls for the month of December He presented the 2013 yearend total of 8979 calls that were responded to which he noted was up 1632 over the year He reviewed with the Council the recent bank robbery at the Utah First Credit Union on the corner of 500 West and 1500 South and noted they were able to get a description of the vehicle to the FBI. He noted they are looking to replace two officers in the department and two candidates have been found and their back ground checks are currently being conducted. He advised the Council they had recently held a meeting with the local chiefs of police and sheriff s department concerning the Citizens Police Academy and they have found great support for this activity here in the city and presently the next class is full for those who want to attend. He said he had been appointed to fill a position on the CIT Post Committee representing the chiefs of police throughout Utah. He then advised the City Council that Bountiful Toyota has donated to the city police department a school resource officer automobile with a value of $32,000 and the department was excited to accept this donation from the local car dealership and it would be put into service for the resource officer at Woods Cross High school. He advised the Council there had been a residential burglary in the 1900 block of 800 West and this burglary had been solved by the city s police detective. They are exploring whether this burglar had been involved in other burglaries in the city. He then advised the Council the detective currently has a caseload of 45 open cases and this is a tremendous workload, he was hoping in the future the Council would give consideration to another detective for the City.

5 PAGE 5 He then advised the Council a local city resident, Taylor Rowlan, had recently be arrested in southern Utah concerning a family abuse family problem and kidnapping and he presently is in jail. He noted detective Osoro s daughter is a Girl Scout participant and she is selling Girl Scout cookies and the amount being received will be donated to the Safe Harbor Women s Shelter for its use. He concluded his report by advising the Council the police department had recently made a presentation on accountability at the Legacy Prep Academy located here in Woods Cross. The Mayor and the Council thanked Chief of Police for his report. INTERVIEW APPLICANTS FOR THE CITY COUNCIL MEMBER VACANCY The Mayor first gave the floor to the City Administrator who went over the following information concerning this item with the City Council: Given to the Council is the list of the 10 applicants for the position and copies of their cover letters and resumes. The order in which they are listed has been picked randomly. State statute requires that each of the applicants be interviewed in an open meeting. You can give each applicant an opportunity to introduce themselves and then ask them any questions you feel appropriate. After the interview period an agenda item has been set to make the appointment. I have also given to the Council a copy of the state statute that addresses filling the vacancy. Before filling the vacancy you may want to decide on how to do this, i.e. motion on one individual and vote, or narrowing it down and voting on two or three. The statue does state that if you cannot come to any consensus on who you want to fill the position then after 30 days from the date of the vacancy you will pick the two top vote getters and will fill the vacancy by lot. After the City Administrator provided the information to the City Council the Mayor then called forward the following applicant s and allowed them five minutes to introduce themselves and state their objectives in wanting to serve on the City Council. Those candidate s are as follows: City Council Vacancy Applicants Name Address 1. Tyler Burton 1002 South 1020 West 2. George Wilson 453 West 1500 South # Mark Hyde 1532 West 1300 South

6 PAGE 6 4. Lucia Goodrich 1843 West 1500 South 5. Rachael Bodell 1653 South 1450 West 6. James Sheldon 2064 South Sorrento Drive 7. Jessica Gertsch 1650 South 700 West 8. Wallace Larrabee 857 West 1700 South 9. Ryan Larsen 1228 South 1515 West 10. Stacy Weight 1528 South 1895 West After each candidate had been given their five minutes and questions were asked and answers given, the Council moved on to the next agenda item. CONSIDERATION TO MAKE AN APPOINTMENT TO FILL THE CURRENT CITY COUNCIL VACANCY The Mayor then asked the City Council for a motion to specify five of the ten they would like to have as finalists. Council Member Hill was then given the floor, he motioned the following five be interviewed further for the position of the City Council vacancy: Mr. Mark Hyde, Mr. James Sheldon, Mr. Wallace Larrabee, Mr. Ryan Larsen and Ms. Stacy Weight. The Mayor then called for a second to Council Member Hill s motion and no second was given so the motion failed for the lack of a second. The Council then determined they would have a vote by each City Council Member as to their top five candidates of the ten that were given time to present their information to the Council. With that, the floor was given to Council Member Westergard who motioned each City Council Member submits the five names of the top candidates they would like to further interview. Council Member Evans seconded the motion and all voted for the motion. After the submission of the five top candidates by each City Council Member the total votes were summarized by the Mayor and the top five selected were as follows: Mr. Mark Hyde, Mr. James Sheldon, Mr. Wallace Larrabee, Mr. Ryan Larsen and Ms. Stacy Weight. These five candidates then came forward and took a seat in front of the City Council podium and further questions were asked by the City Council of these candidates and answers were given.

7 PAGE 7 Following the second round of questions and answers the floor was given then to Council Member Dayley who motioned the City Council now vote for the top two candidates they would like to see move on. The motion was seconded my Council Member Evans and all voted for the motion through a roll call vote. Each City Council then gave to the Mayor the top two candidates they would like to have further questions and answers with and those two candidates were Mr. Wallace Larrabee and Mr. James Sheldon. The Mayor then asked the City Council if they had any further questions of these two candidates before a final vote was taken. There were no additional questions to be asked. The Mayor then called for a motion as to who should fill the seat that has been vacated on the City Council. With that, the floor was given to Council Member Hill who expressed the decision was a difficult one and any of the ten candidates would be suitable to fill the position and that he would nominate Mr. Wallace Larrabee to fill the vacancy on the Woods Cross City Council. Council Member Dayley seconded the motion. The Mayor then called for a vote on the motion and Council Member Hill and Council Member Dayley voted in favor of the motion and Council Member Westergard and Council Member Evans voted opposed to the motion. With that, the Mayor was required to cast his vote because it was a tie of two to two. The Mayor then voted opposed to the motion and the motion failed by a vote of three to two. The floor was then given to Council Member Evans who motioned Mr. James Sheldon should fill the vacancy on the Woods Cross City Council. Council Member Westergard seconded the motion and the Mayor called for the vote. Council Member Evans voted in favor of the motion, Council Member Dayley voted opposed to the motion, Council Member Hill voted in favor of the motion and Council Member Westergard voted in favor of the motion. The motion carried by a vote of three to one. The Mayor then thanked all of the candidates for their participation in this process as well as expressing appreciation to the current Woods Cross City Council for their interviewing process this evening, their thoughtful questions and their great consideration as to who should fill the vacancy. The Mayor then gave the floor to the City Recorder who administered the Oath of Office to Mr. James Sheldon as the newest member of the Woods Cross City Council. At that point, Mr. Sheldon took his seat on the City Council.

8 PAGE 8 REVIEW OF THE MONTHLY SAFETY ACCOUNTABILITY REPORT The Mayor gave the floor to the City Administrator who reviewed the following information with the Council concerning the executive safety accountability report: Given to the Council is a copy of the monthly Executive Safety Accountability Report that in the future will be presented in Council meeting once a month. This document has been created by the Safety Committee from a template provided to us by the Trust. It outlines what is reviewed in our monthly safety committee. In the right hand corner you will notice the time since our last recordable accident as well as the time since our last liability claim. The top part of the report allows us to place any incidents that occurred in the previous month. We also list our goals as far as safety training and meetings and then list the number of incidents we have had during the year. The last part of the report lists the corrective actions items that have been brought to our attention that need to be corrected. The purpose of this report is to keep you informed of our safety program in the City. The Council then discussed the report and thanked the City Administrator for the activity of the executive safety committee and for the work they are doing in keeping the employees of Woods Cross City safe as they work for the City. CONSIDERATION TO APPROVE THE PURCHASE OF TWO PICKUP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT The Mayor gave the floor to the Public Works Director who outlined the following information for the City Council concerning bids that had been received for two pickup trucks to be used by the Public Works Department noting this was being done in place of the purchase of just one 1-ton truck. In the 2014 Storm Water Budget we had budgeted $35,000 for a 1 ton truck, the intent was to replace the ton. As discussion began about this truck, employees have determined the Public Works department needs two additional pickups instead of the 1 ton truck. They have provided me the following costs for a ½ ton, regular cab, long bed 2x4 pickup truck: Dodge (LH Miller Btfl.) $26,007 Ford (LH Miller SLC) $18,735.88

9 PAGE 9 I priced additional: Chev. (Murdock) $22,709 Chev. (State bid) $20,294 Ford (State bid) $22,880 The staff s proposal is to purchase 2 $18, for a total cost of $37,471.76; the budget was $35,000 for a difference of $ Following the presentation by the Public Works Director the floor was given to Council Member Dayley who said she would like to have some cost information concerning the fully loaded cost of the purchase of the two vehicles by this she meant covering the operating costs, the insurance and the maintenance of the vehicles as well as the initial purchase price. The floor was then given to Council Member Hill who noted with the problems Utah is experiencing, and especially the Wasatch Front and Davis County in particular of unhealthy air during the winter months because of vehicle operations he wondered if the city should not lead out in its example and have these trucks run on natural gas which burns cleanly rather than gasoline or diesel fuel. He asked if perhaps it wouldn t be advisable that the Council ask the staff to look into what the cost of purchasing trucks that run on natural gas would be versus the trucks running on gasoline. He did note it would be more money but he felt the city needed to set the example in cleaning up the polluted air. He also noted located right here in Woods Cross City is a station which has natural gas facilities for filling vehicles that run on natural gas. With that, the floor was given to Council Member Hill who motioned this item be tabled for further review by the staff and that they come back to the City Council with the fully loaded costs of two pickup trucks which would include operations, insurance and maintenance of these vehicles as well as what the cost would be to have them run on natural gas as their fuel. Council Member Evans seconded the motion and all voted for the motion through a roll call vote. OPEN SESSION The Mayor then opened the meeting to items from those present that they would like to bring before the City Council. The floor was given to Ms. Dixie Weeks who spoke in favor of the Council s decision to have Mr. James Sheldon serve on the City Council to fill the vacated seat on the Council. She felt having a person with law enforcement background on the City Council would be a benefit to the residents of the City noting she felt one of the principal responsibilities of the City Council is to keep the public safe. She was also in favor of a younger member being put on the Council as opposed to an older member serving on the Council. She

10 PAGE 10 then said concerning the clean air problems in the Davis County area perhaps the city should consider a no idling law which would prohibit leaving your automobile idling instead of turning it off. The floor was then given to Council Member Dayley who said she would like to explain her nay vote in the filling of the vacancy by Mr. Sheldon and wanted to welcome him to the City Council. She explained her vote was based on some of the answers that were given by Mr. Sheldon as well as other candidates during the discussion period, but she wanted him to know she supported his position on the Council. There were no other items for the open session. REPORT FROM THE WASATCH INTEGRATED WASTE DISTRICT The floor was given to Council Member Hill who represents Woods Cross City on the board of directors of the Wasatch Integrated Waste District. Mr. Hill noted their first meeting would be coming up so he had nothing to report at tonight s meeting. REPORT FROM THE DAVIS MOSQUITO ABATEMENT DISTRICT The Mayor gave the floor to Council Member Evans who represents Woods Cross City on the board of directors of the Davis Mosquito Abatement District. She reported the following to the Council concerning the activities of the district: She noted at their last meeting they had approved their 2014 budget which is only slightly higher than their 2013 budget. She noted there was no increase in labor costs or no increase in spraying costs for the district. She went over some of the minor changes that took place in the budget. She also noted the manager had also been given his evaluation and had scored a 4.3 out of a possible 5 and was given a salary increase for the coming year. She also advised the Council the Mosquito Abatement District has a full schedule for the coming year in attending the various elementary and junior high schools in the Davis County area educating the students as to the purpose of mosquito control and found this has been very beneficial to the Mosquito Abatement program. She concluded her report by giving a report on the West Nile Virus in Utah and said there had been 69 reported positives and that 61 of those were in the greater St. George area. This concluded her report.

11 PAGE 11 REPORT FROM THE SOUTH DAVIS METRO FIRE AGENCY The Mayor then reported on the activities of the South Metro Fire Agency where he represents Woods Cross City on the board of directors. He noted they had elected Commissioner Melburn as the Chair of the board of directors of the South Davis Metro Fire Agency for the coming year He said they approved the financial report and they approved an interlocal agreement for dispatch services by Bountiful City and also they reviewed and went over the fleet replacement program for the agency. REPORT FROM THE SOUTH DAVIS RECREATION DISTRICT The Mayor continued with the floor and reported on the activities of the South Davis Recreation District where he serves on the board of directors as the representative for Woods Cross City. He noted they reviewed their budget and it continues to track to their actual revenues and expenditures. He then noted they have 11 full time employees and 284 part time employees presently and those part time employees swell to around 400 in the summer months. He said they discussed ways to increase their revenues and one of the things they are going to do each month is have an event night where they focus on a particular aspect of the recreation district and invite families and participants to come and be active on that given night. In addition, he had recommended to the recreation district they consider putting advertising on their Zamboni ice machine, that other recreation districts have done this and found it as a source of revenue to the district. MAYOR S REPORT The Mayor then reported to the City Council on the following items: He noted he had recently attended the Davis County Council of Governments meeting which is called the COG and at their meeting they had a presentation from the Davis County Schools concerning homeless children that are attending school and what might be done to make a better life for these students. He noted COG is reaching out by providing these families with gift cards that they can use at local area restaurants to help with food and other activities will be undertaken as well. He said also at the meeting they had discussed the regional transportation concerns throughout the county and long range planning in transportation.

12 PAGE 12 He then advised the City Council at the March City Council work session that will be held, they will be having the city s attorney come and do some training for the members of the City Council. This concluded his report. CITY ADMINISTRATOR S REPORT The floor was given to the City Administrator who reported the following to the City Council: 1. Mountain View Park Expenses and Revenues With the completion of the Mountain View Park, I have done an analysis of the total cost of the park project which came to a total cost of $1,795,670 with a breakdown of construction, engineering and land acquisition costs as shown in Exhibit 1. We anticipated a total cost of about two million dollars to build this park, so I feel we have come in at a cost well under what we originally anticipated for the project. When the project was approved in January of 2013, it was anticipated we would need to borrow from the Capital Improvement Fund about $250,000 to complete the park. Exhibit II shows a breakdown of the outstanding balance on the cost of the park. There is an outstanding balance currently of $700,000 which is broken down into $300,000 that is currently held in the RAP Tax fund balance that has not been transferred to the construction fund, $120,000 that will be collected in RAP Tax prior to the end of the year and $50,000 in impact fees that will be collected prior to the end of the year, with a total shortfall of $230,000. We have three options to take care of this shortfall depending on which approach the Council would like to take. Option 1 is take the approach which we envisioned back in January when the project was approved, that was to allocate all of the RAP Tax to the park construction and borrow $230,000 from the Capital Improvement Fund to cover all costs. However, after reviewing the Impact Fees documents, as shown in Exhibit III, the Woods Cross City Parks and Trails Master Plan, $1,653,375 was shown in Capital Facilities Plan for the cost of Mountain View Park. UP to this amount can be paid by impact fees. Currently $400,000 has been transferred out of the RAP Tax fund. I recommend we reserve the remaining RAP Tax for future projects that may or may not be tied

13 PAGE 13 into future construction for future growth i.e. replacement of park facilities such as playgrounds and other projects that may not be supported by the Parks Facility Plan. We can accomplish this in two ways. Option 1: Instead of transferring the balance of funds from the RAP Tax we would loan the funds from the RAP Tax Fund to the Park Impact Fee Fund to be paid back over time. Since the RAP Tax Fund does not currently have enough money to pay off the existing balance, another small loan would have to be made from the Capital Improvement Fund for the balance of $230,000. Option 2: Borrow all of the money from the Capital Improvement Fund, which would at the end of the fiscal year be approximately $650,000. The drawback of this option is that it lowers the funds in the Capital Improvement Fund to a very low level and it may be some time before the impact fees can fully replace the fund. I recommend we create the two loans, one from the RAP Tax to the Park Impact Fee and the other from the Capital Improvement Fund for $230,000. This would allow us to collect impact fees over time to pay off the RAP Tax fund. This would have the added benefit of pushing further out the need to do another project with impact fees due to the six year limit on holding funds. The City Council gave direction to the City Administrator to go forward with his recommendation of having two loans to cover these costs that needed to be done for the building of the park. 2. Water Treatment Plant Ribbon Cutting and Ground Breaking The bids for the project are being opened on the 22 nd of January and I anticipate the Council awarding the bid on the 4 th of February. We would like to schedule a ground breaking for the facility on the 18 th of February before Council Meeting. Please review your calendars, if this works for you, let me know, otherwise we can schedule another date and time. The Council concurred the ground breaking and ribbon cutting for the new facility should be held on February 18 th prior to the City Council meeting.

14 PAGE 14 ADJOURNMENT At 9:55 P.M. Council Member Hill motioned the Council adjourn the City Council meeting. Council Member Westergard seconded the motion and all voted for the motion through a roll call vote. Rick Earnshaw, Mayor Alan T. Low, City Recorder

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