Heber City CorporationCity Council Meeting

May 17, 2018Work Meeting – 5:00 p.m.

Regular Meeting – 6:00 p.m.

The Council of Heber City, Wasatch County, Utah, met in Regular Meeting on May 17, 2018, in the City Council Chambers in Heber City, Utah

I. WORK MEETING-5:00 P.M.

Present:           Mayor Kellen PotterCouncil Member Heidi FrancoCouncil Member Jeff BradshawCouncil Member Jeff SmithCouncil Member Wayne HardmanCouncil Member Ron Crittenden  

Staff Present: City Manager Mark AndersonCity Attorney Mark SmedleyCity Recorder Amy BridgeDeputy City Recorder Trina CookeCity Planner Tony KohlerAssistant City Planner Jamie BaronCity Engineer Bart MumfordSenior Accountant Wes Bingham  

Others Present: Todd Bonner, Daiquiri Larsen, Hayden Mabbutt, Paige Tanner, Kyle Raven, Grace Richey, Brookes Downey, Benjamin Chappell, Lily Chappell, Jacob Chappell, Matt Sproul, Andrew Chappell, Christine Chappell, Spencer Chappell, Joseph Hatch, James Tracy, Pat Patrick, Pam Patrick, Danny Goode, Robert Muir, DiAnn Duke Turner, Glen Lent, Maddi Willis, Max Willis, Enzo Willis, Giuliana Willis, Scott Bassett, Jerry Duke, Richard Knight, Douglas White, Kieth Rawlings, Jalayne Bassett, Jason Watterson, Amber Wilson, Melissa Frentheway, Kit Kosaskowski, Nick Lopez, Bruce Hutchinson, Ben Butler, Blake Allen, Joe Coombs, Rod Earnshaw, Lynette Berg, Tracy Taylor, Marianne Allen, Kendall Crittenden and others who did not sign in or names were illegible.                        

City Manager Memo

Mayor Potter welcomed everyone to the meeting and called the Work Meeting to order at 5:08 p.m.

2. Thomas Chappell, Kyle Raven, Paige Tanner, Daiquiri Larsen and Hayden Mabbutt - Wasatch CAPS - Presentation on Live Utah All-Abilities Park

Email

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Live Utah Presentation

Mayor Potter welcomed the Wasatch High School Center for Advanced Professional Studies (CAPS) students and thanked them for coming to present their information.

The students introduced themselves and presented a power point for a Community Wellness All-Abilities Park as attached in the agenda materials.

The group concluded their presentation and asked if the Council had any questions.  Mayor Potter thanked them for their presentation and commented on what a good job they had done.   Council Member Franco asked if IHC had donated the land in their presentation.  The group replied they had, but IHC's future contributions would be minimal.  Council Member Franco asked if they were looking for a donation from the City and other investors and how much land was available.  Mr. Chappell explained 3.3 acres was the total acreage they had to work with.  Council Member Bradshaw inquired if they had a timeline for finishing the proposed project.  Mr. Chappell and Mr. Raven were seniors and would not be able to see the project through its completion.  They were setting the project up for future CAPS students.  They were hopeful to finish the project in three years.  Council Member Franco suggested they look into using the splash pad for ice skating in the winter.  Mayor Potter commented on the project mentioning the students were structuring the project around the grants available and put a lot of work into it.  Mark Anderson asked what the long term intent of who would maintain the park would be.  Mr. Chappell replied the intent would be for IHC grounds keepers to maintain the park.  Mr. Anderson also mentioned a donor who had offered to donate to a splash pad that may be willing to donate to this project.  Mr. Chappell explained Ryan Starks with the Chamber was also willing to help with community support and donations.

1. Nick Lopez - Presentation/Recognition of Fallen Veteran, Lance Corporal Blaine Welch, USMC

Staff Report

Nick Lopez Presentation

Nick Lopez presented the information contained in the agenda materials regarding Lance Corporal Blaine Welch, USMC.

Mayor Potter thanked Mr. Lopez for his presentation.

Council Member Bradshaw commented he knew Lance Corporal Blaine Welch's mother and graduated three years prior to Lance Corporal Welch.  Council Member Hardman also commented he knew Lance Corporal Welch well and grew up with him.  Both Council Members expressed gratitude to Mr. Lopez for his presentation and fondness for Lance Corporal Welch.

Mark Anderson explained coordination with UDOT would be necessary to change the name of 100 South.  Jamie Baron had submitted his staff report regarding the process to change a street name.

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Mr. Lopez explained why they had chosen 100 South for the name change.  It was the street that lead to Memorial Hill.  His alternate road choice was 600 North which ran into the area where Lance Corporal Welch's mother resided.  Mr. Lopez stated he knew there would be costs associated with changing the signs and believed he could raise the money to avoid any cost to the City.

Council Member Smith liked the idea of honoring Lance Corporal Welch but saw some challenges with 100 South.  Mayor Potter asked Staff to look into the process to change the street name.

Mr. Lopez reiterated his reasoning to use Lance Corporal Welch's name instead of Veteran's Memorial Boulevard.  He also stated he would like to see this project done prior to the 50th anniversary of Lance Corporal Welch's death in August 2018.

Council Member Crittenden asked what the anniversary date was.  Mr. Lopez replied Aug 22, 2018.

3. Review Proposed Ordinance 2018-18 - An Ordinance Amending the Duties of the Mayor, City Council, City Manager and City Attorney

Ordinance 2018-18

Mark Smedley Memo

Mayor Potter reminded Council Members the meeting schedule needed to stay on time with a large agenda ahead in the Regular Meeting.

Council Member Franco reviewed Mark Smedley's letter with suggested changes to the proposed Ordinance and reviewed the changes she proposed which were highlighted in the attached document in the agenda materials.  Council Member Franco stated with the information she was given; she was more than happy to let the Mayor vote on her powers.  She believed the other additions taken from the State Code did not need to be voted on by the Mayor and asked Mr. Smedley to correct her if she was wrong.  Mr. Smedley clarified if any changes involved the Mayor she would be able to vote.  The meeting time adjusted in the proposed Ordinance was also mentioned changing the time from seven o'clock to either five or six o'clock.  Other proposed changes were briefly mentioned by Council Member Franco including the duties of the City Attorney.

Mayor Potter stated this item would be on the agenda as an action item later in the meeting.  She did not feel she had adequate time to review the proposed changes and mentioned a few of her concerns including having the City Council be able to appoint another City Attorney.  Council Member Franco commented on Mayor Potter's concerns saying there was only a "may" not a "shall" listed in the section of concern.

Mayor Potter ordered a five-minute recess prior to the start of the Regular Meeting.

II. REGULAR SESSION-6:00 P.M.

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1. Call to Order

Mayor Potter welcomed everyone to the meeting and called the meeting to order at 6:05 p.m.

Mayor Potter noted it was City Manager Mark Anderson's last meeting and thanked him for his 28 years of service.  She mentioned he would be honored at a luncheon Monday, May 21, 2018.

2. Pledge of Allegiance by Council Member Smith

3. Prayer/Thought by Invitation (Default Mayor Potter)

III. PUBLIC COMMENTS:

Mayor Potter invited anyone from the public to come forward regarding any items not on the agenda.

Dave Kennerer introduced himself as a "public nuisance" as he had been referred to in the Wasatch Wave.  He addressed the tax effect of rezoning and annexations and mentioned the County had done studies regarding the tax effect in the past.  He stated he supported and encouraged the Council to work with the Planning Department to development a rough methodology for estimating the same for the City so the Council could make an informed decision.

IV. CONFLICT OF INTEREST DISCLOSURE:

No Council Members had any conflicts to declare.

V. ACTION ITEMS:

1. Approval of City Council Budget Meeting Minutes for April 11, 2018 and April 30, 2018

04.30.18 Budget Meeting DRAFT Minutes

04.11.18 Budget Meeting DRAFT Minutes

Council Member Franco referred to the Budget Meeting minutes from April 11, 2018 and asked to add to page 5, line 2.  She requested, “Council Member Franco asked for a contract from CUP regarding the proposed facilities including cost capacity and how long the facilities were projected to last” to be inserted into the minutes.

Motion:  Council Member Franco moved to approve the Budget Meeting minutes for April 11, 2018 and April 30, 2018 with the requested changes.  Council Member Hardman made the second.  Voting Aye:  Council Members Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

2. Oath of Office for 3 Reserve Police Officers

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Chief Booth introduced three new Reserve Officers being sworn into office; Mike Powell, Jacob Hinton, Zak Hendrickson and briefly mentioned their employment, education and backgrounds.  City Recorder Amy Bridge swore in the new officers.

Chief Booth introduced a few students from Wasatch High School; Sierra Curtis, Maddie Willis and Rachel Brighton and invited them to come forward to hold up art work they had created.  Chief Booth had collaborated with the art teachers at Wasatch High School to have renderings created of all of the buildings in Heber City the Police Department had been located since the department was formed in 1951.  The five drawings were held up for the audience and Council to see.  Chief Booth explained he would have the drawings matted and framed to hang up in the Public Safety Building.  Kneaders donated $20 gift certificates for each of the artists.  The Mayor thanked the students and everyone who had participated.

3. Jason Watterson, Utah Local Governments Trust, Presentation of Trust Accountability Program (TAP) Award

TAP Letter

Jason Watterson with the Utah Local Governments Trust, Presented the Trust Accountability Program (TAP) Award to Heber City.  Mr. Watterson stated only seventeen percent of the cities around the state qualified for this award.  A check was also provided to the City prior to the meeting in the amount of $7768.  A safety committee was essential in a successful city and Mr. Watterson mentioned Senior Accountant Wes Bingham was helpful in Heber City receiving this award.  He also thanked City Manager Mark Anderson, the Council and the rest of staff for helping keep our City safe and for all their hard work to receive this award.  Wes Bingham mentioned others involved in the safety committee; Chief Booth, Mark Rounds, Steve Tozier and Mark Anderson and thanked them for their help.

Mayor Potter thanked everyone involved.

4. Public Hearing to Consider Adoption of Ordinance 2018-19, An Ordinance Amending the Zoning Map to Change the Zoning of Properties that are Zoned PCMU Planned Community Mixed Use to PC Planned Community and Repealing Chapter 18.62 Planned Community Mixed-Use Code

Ordinance 2018-19

Boldavs Annexation Agrmt

PCMU Staff Report

Ritchie Bassett Annexation Agrmt

Strawberry Annexation AgrmtTingey Glass Zone Change Agrmt

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Mayor Potter opened the Public Hearing to Consider Adoption of Ordinance 2018-19, an Ordinance Amending the Zoning Map to Change the Zoning of Properties that are Zoned PCMU Planned Community Mixed Use to PC Planned Community and Repealing Chapter 18.62 Planned Community Mixed-Use Code for public comment.

Scott Bassett, resident of Wasatch County, was representing his families trust and owned one of the properties in the PCMU zone.  He explained he had gone through a long process to annex into the City and warned the City of possible legal action if this Ordinance were to pass.  The PC zone did not fit into his property plans and would result in economic damage.  He further explained in 2005 when the Council adopted the PC zone it did not fit into the City.  The Council at the time had agreed.  The City then went through the planning process to achieve the current PCMU zone.  Mr. Bassett asked the Council to think hard and listen to legal counsel and the public prior to making a decision.

Dave Nelson expressed appreciation for working with Mark Anderson since 1994 and thanked him for his 28 years of service.  Mr. Nelson stated he had addressed the City in 2008-2009 to annex 90 plus acres into the City.  He explained the process he had gone through to annex into the City and the zoning he was granted.

Mr. Nelson mentioned Wal Mart and the RV park and the successes versus failures in both.  He returned to his original comments regarding the possible zone change.  He mentioned the agreement and a Planning Commission meeting where zone changes were discussed.  He stated if the idea to get rid of the PCMU zone was to down zone properties they had an agreement which gave them the type of zoning in a PCMU zone.  His suggestion was to add an overlay zone.  Mr. Nelson gave a lengthy explanation of the processes he had been through.

Mr. Nelson introduced James Tracy and mentioned he would only take two or three minutes to speak regarding the proposed zone change.

James Tracy, legal counsel for Millstream, addressed the Council.  He believed the Annexation Agreement was a binding agreement and Millstream had the right to develop their property according to their contract.  Mr. Tracy summed up his thoughts stating everyone needed to keep their promises and agreements.  He reiterated his belief of Millstream having the right to develop according to their contract/agreement.  Mr. Tracy encouraged the Council to work with Millstream and other developers.

Lynette Berg, stated she was a property owner adjacent to the southern zone being discussed.  She addressed the differences between the approved PCMU zones in the northern part of the City and southern area.  Mrs. Berg did not believe both areas should be treated the same and asked the Council to consider other zones.  She was concerned with the development in the south and losing the rural feel of the City with high density.

Joe Coombs was concerned about his property rights.  He addressed concerns expressed in previous meetings regarding his property and the zone changes.  He stated he appreciated the comments made earlier in the meeting making the area less dense to match Heber

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DiAnn Duke Turner, owner of Duke farms, asked if the willow trees would be torn down. Discussion between a developer in the audience and Ms. Turner ensued.

Kieth Rawlings, Chairman of the Planning Commission, addressed the PCMU zone and explained the Planning Commission reviewed the PCMU zone but wasn't given the opportunity to finish their findings.  PCMU zone was given a moratorium which came to the Planning Commission March 1 2018.  After sixty days the PCMU zone analogy was taken away from the Planning Commission.  No explanation was given for taking the PCMU zoning approval away from the them.  He believed the direction the Planning Commission was going was to advise the City Council not to repeal the PCMU zone because there were several properties already given the PCMU zone with their annexation approval which were legal binding documents.  He thought there may be potential legal issues if the PCMU zone were repealed.

Council Member Crittenden explained the reason the Council took over the PCMU zone change was because the Council had a moratorium in place for six months and the Planning Commission failed to act in a timely manner.

David Hutchinson, moved to the valley 1957-1958.  He commented on improvements in the City since the 1950's and thought the improvements were beneficial to move-ins or they would not be moving here.  He thought the developments in the City made Heber City the Crown of Wasatch County.  He also mentioned taxes and planning ahead.  Mr. Hutchinson asked the Council not to focus on single family homes but to think ahead and consider the economic value of commercial development.

Robert Giles, mentioned the south side of the City and stated he would like to see less density in that area.

John Wayne Lloyd, addressed growth issues and wanted to make sure impact fees would cover schools, roads, etc. with new development.  He also mentioned a piece of land north of town that he did not want to develop.

With no further comment Mayor Potter closed the Public Hearing at 7:20 p.m.

Mark Anderson pointed out the City was required to take public comment for an additional ten days.  The Planning Staff would forward any information that may come during that period while the Council decides what they would like to do.

5. Public Hearing – Resolution 2018-08 A Resolution Amending the 2017-2018 Operating Budget

Resolution 2018-08

Mark presented the information as attached in the agenda materials regarding the proposed land purchase and amending the operating budget.

Mayor Potter opened the Public Hearing at 7:23 p.m.  With no public comment the Public Hearing was closed at 7:24 p.m.

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Motion:  Council Member Bradshaw moved to adopt Resolution 2018-18 amending the 2017-2018 Operating Budget as presented.  Council Member Smith made the second.  Voting Aye:  Council Members Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

6. Public Hearing on 2018 Community Development Block Grant for ADA Improvements to City Facilities

Staff Report

Jamie Baron presented his staff report as attached in the agenda materials.  Mr. Baron explained the grant initially awarded and what was required to receive those funds.

The original budget was approximately $100,000 for improvements.  Staff did an overview of actual costs of projects and recommended the projects to be completed with the requested funds.  All information presented was included in the agenda materials.

Mayor Potter opened the second public hearing at 7:28 p.m. for the CDBG program.  Mayor Potter stated that the hearing was called to allow all citizens to provide input concerning the project awarded under the 2018 Community Development Block Grant Program.  The City had amended its capital investment plan and decided to apply for funds on behalf of the City Office and Facilities ADA Compliance Update Project.  The Mayor introduced Jamie Baron from the Heber City Planning Department, applicant for the ADA Compliance Update Project.  The Mayor explained the application was successful in the regional rating and ranking process and the City Office and Facilities ADA Update Project was initially awarded $73,650.  The Mayor explained the project to those in attendance.  The Mayor then asked for any comments, questions and concerns from the audience.  Seeing none, the Mayor stated that copies of the capital investment plan were available if anyone wanted a copy.  There were no more comments and the hearing was adjourned at 7:29 p.m.

Discussion followed regarding how the money would be distributed and if work in kind was allowed with the grant.

Mr. Anderson recommended giving Staff direction for priorities for which improvements to work on first.

Mr. Baron explained the total project cost would be $102,000.85.  $68,000 would take care of all improvements except the Treasurer's office and Eagle Park.  Council Member Franco inquired about park improvements.  Mr. Baron referred to the map explaining where all improvements would be.Motion:  Council Member Crittenden moved to accept Staff recommendations and request $68,000 with the next priority, with more funding, covering the ADA improvements in the Treasurer's Office.  Council Member Smith made the second.  Voting Aye:  Council Member Franco, Crittenden, Bradshaw, Smith and Hardman.  The motion passed unanimously.

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Council Member Franco asked for a point of information regarding the roof covering outside the south entrance of the City building and if it that project was scratched with the reroofing project or if it would still be installed.  Mr. Anderson replied the covering had been installed.

7. Approve FAA Grant Application for Airport Apron Expansion Reimbursement

Application for Federal Assistance

FAA Assurances

Mark Anderson explained the proposed grant application and amount the City would be responsible for as attached in the agenda materials.

Motion:  Council Member Hardman moved to approve the FAA Grant Application for Airport Apron Expansion Reimbursement. Council Member Bradshaw made the second.  Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

8. Award Bid for 600 South Culinary Water Line Replacement and Pressurized Irrigation Installation Between 300 West and 600 West

Staff Report

Bid Sheet

Bart Mumford presented the information regarding the construction contract for the 600 South Culinary Water Line replacement.  Mr. Mumford presented the information contained in his staff report as attached in the agenda materials.

The low contract bid was KK&L with a bid of $663,749.10.  Staff's recommendation was to award the construction contract to KK&L. Council Member Franco clarified the amount to award to KK&L with an additional $74,124 to come out of next year's budget.

Discussion followed regarding the bid amount and if the budget needed to be amended for the additional funds.

Motion:  Council Member Franco moved to approve the construction contract for 600 South Culinary Water Line Replacement and Pressurized Irrigation Installation between 300 West and 600 West and authorize Staff to execute a contract with KK&L administration for the entire project including the extra piece presented in the amount of $663,749.10.  Council Member Hardman made the second. Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

13. Ordinance 2018-21 Consideration to Repeal the Adoption of the Heber City Annexation Policy Plan Adopted April 19, 2018

Mark Smedley Memo

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Future Services Analysis

Ordinance 2018-21

Market Analysis Report

North Village Overlay

2018 Adopted Annexation Policy Plan

Mayor Potter moved the agenda item for people needing to leave the meeting.

Motion:  Council Member Hardman moved to adopt Ordinance 2018-21 repealing the adoption of the Heber City Annexation Policy Plan adopted April 19, 2018.  Council Member Crittenden made the second.  Voting Aye: Council Members Franco, Hardman and Crittenden.  Voting Nay:  Council Members Bradshaw and Smith.  The motion passed.

9. Accept/Reject the Beehive Annexation Petition - An Petition Requesting the Annexation of 12.86 Acres of Land Located at Industrial Parkway and Highway 189

Staff Report

Bonneville Storage Annexation Petition

The Beehive Annexation Petition was presented as attached in the agenda materials.

Council Member Franco inquired about a parcel at the top of the map.  Mr. Anderson explained it was the flood channel.  Presenter (did not state his name before presenting) said there was a first right of refusal on that piece of property.  Mr. Anderson corrected the presenter explaining the flood channel did in fact belong to the City.

Discussion followed.

Mr. Anderson advised the Council the purpose of the presentation was to accept or reject the annexation petition.  If the annexation petition was accepted, it would be referred to the Planning Commission for further study.

Council Member Crittenden asked Kieth Rawlings to carefully review the petition if it is referred to the Planning Commission.

Council Member Franco advised the petitioner of restrictions with the property adjacent to the sewer plant. She also mentioned lighting concerns with the residential property adjacent to the proposed annexation area.

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Motion:  Council Member Smith moved to accept the Beehive Annexation Petition. Council Member Hardman made the second.  Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

10. Consider Subdivision Plat Amendment Approval for Red Ledges Phase 1 Lot 66 and 67

Staff Report

Jamie Baron presented the information contained in his staff report as attached in the agenda materials.  Council Member Crittenden asked if the Planning Department would look at property taxes by checking with the County Assessor when combining lots and asked for analysis in the future.

Motion:  Council Member Bradshaw moved to approve the Subdivision Plat Amendment for Red Ledges Phase 1, lot 66 and 67 amended with the findings and conditions in the Staff Report.  Council Member Smith made the second.  Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

11. Consider Adoption of Ordinance 2018-20 - An Ordinance Amending Title 6 and Title 18 Regarding Household Pet Daycare

Staff Report

Ordinance 2018-20

Tony Kohler presented the information contained in his staff report as attached in the agenda materials.

Motion:  Council Member Crittenden moved to adopt Ordinance 2018-20 Amending Title 6 and Title 18 Regarding Household Pet Daycare.  Council Member Hardman made the second.  Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

12. Adopt Resolution 2018-09 - A Resolution of the Heber City Council Appointing Temporary Judges to the Justice Court

Resolution 2018-09

Mark Smedley addressed the information presented in the Staff Report.Council Member Franco suggested taking out the names and replacing the names with the titles for their jurisdictions so the Resolution would not be immediately outdated.  Mr. Smedley agreed with Council Member Franco's amendment.  Discussion followed.

Motion:  Council Member Franco moved to adopt Resolution 2018- 09 a Resolution of the Heber City Council Appointing Temporary Judges to the Justice Court with the amendment of Section 1 Appointment; remove numbers 1, 2 and 3 and in number 4 remove the word "other". 

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Council Member Crittenden made the second.  Voting Aye:  Council Member Franco, Bradshaw, Smith, Hardman and Crittenden.  The motion passed unanimously.

14. Approval of City Manager Severance Pay

Motion: Council Member Franco moved to offer a severance to departing the City Manager of $102,878.27.  Council Member Hardman made the second.  Voting Aye: Council Members Franco and Hardman.  Voting Nay:  Council Members Smith, Bradshaw and Crittenden.  The motion failed.

Motion:  Council Member Smith moved to award a severance to the departing City Manager as requested with an additional three months of wages, retirement, car allowance, HSA contributions with a change in health, dental and vision insurance amounts to include the amount necessary to cover the COBRA payments until the new job benefits would take over.  Council Member Bradshaw made the second.

Council Member Franco asked what the total severance would be including the amount to cover the COBRA.  Discussion and calculations followed.  Council Member Smith explained it would be approximately an additional $49,000.

Voting Aye:  Council Member Bradshaw, Smith and Crittenden.  Voting Nay:  Council Members Franco and Hardman.  The motion passed.

Council Member Franco asked if the Council could get a final total on the severance amount so it could be put into the budget.  Mayor Potter asked Wes Bingham for the exact numbers.  Mr. Bingham replied he would calculate the numbers.   Discussion followed regarding exact cost of severance package and COBRA cost.

15. Consider Adoption of Ordinance 2018-18 Amending the Heber City Code Chapter 2.04, 2.08, 2.12, 2.14, 2.24 and 2.56 - Duties of Mayor/Council/City Manager and City Attorney

Ordinance 2018-18

The conversation started in the Work Meeting regarding this Ordinance.  Council Member Franco asked if Mayor Potter wanted more time to look at the Mayoral duties and consider the idea of any changes to the City Manager in the Code.  Mayor Potter expressed she would like more time to review the Ordinance and did not feel it was appropriate to pass this Ordinance in the middle of the hiring process for the new City Manager.  She also wanted the City Attorney to look at it further.  Council Member Franco was comfortable moving forward with a few changes and explained the changes were coming from the State Code. She had checked with seven other cities which had adopted the State Code as their City Code.  Sections 2:12 and 2:14 were addressed.  Council Member Franco explained the changes she was proposing to the duties of the City Manager.

Mayor Potter commented the information had just been presented that day and she had not had time to review the Ordinance as thoroughly as she would have liked.  She also stated the City

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Attorney submitted a memo that he hurriedly put together which she also did not have time to review.  Mayor Potter asked about a few items she believed she should be able to vote on.   Discussion followed.

Mark Smedley came forward to address a few changes involving the Mayor and Council and explained the sections he believed the Mayor should be able to vote on.  Discussion followed regarding suggested changes. 

Mayor Potter reiterated her position regarding her right to vote on any changes involving the Mayor's powers and duties.

Motion:  Council Member Bradshaw moved to table for further information.  Council Member Smith made the second.  Voting Aye:  Mayor Potter, Council Members Bradshaw and Smith.  Voting Nay:  Council Members Franco, Hardman and Crittenden.  Council Members Franco and Crittenden stated the Mayor could not vote on tabling and item.  The motion failed.

Discussion followed.

Motion:  Council Member Franco moved to pass Ordinance 2018-18 an Ordinance amending the Heber City Code Titles 2.04, 2.12, 2.14.020, 2.14.030, 2.24 and 2.56 as presented and changing 2.12 020 to 6:00 p.m. or as otherwise noticed; from 7:00 p.m. Title 2.24.010 to be changed as presented with additional changes to include, The City Council may change or add City Attorney(s) duties in the contract by a majority vote.  Council Member Hardman made the second.

Mayor Potter clarified David Church's statement which stated the City Council should be like the board of a business and the Manager and the Mayor are like the CEO.  Anytime that is blurred a lot of confusion is created and it would be difficult for Staff.  She discouraged the Council from doing anything to cause that.  Mayor Potter also did agree with the City Council being able to appoint their own legal counsel since the City already has a City Attorney and another attorney could possibly be at odds with the current City Attorney.  She felt the current City Attorney needed to be trusted and supported.  

Council Member Crittenden supported the changes proposed by Council Member Franco.  Council Member Smith asked for clarification if Council Member Franco had included Title 2.12.010 in her motion.  Council Member Franco clarified that she did.

Mark Anderson pointed out in Title 2.04.010, A. 3. by removing the administrative authority from the City Manager he believed that would return the authority back to the Mayor and believed the Mayor would be allowed to vote on the change.  Council Member Franco responded none of the City Manager's duties were being changed in the motion.  Council Member Crittenden read from an article written by David Church explaining when the Mayor could vote.  He read the section from the article that stated, in fourth class cities the Mayor votes only in cases of tie votes and on the hiring or firing of a City Manager.  Mark Anderson added there was a provision which allowed the Mayor to vote in any situation where their powers and duties were

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expanded or reduced.  Council Member Franco explained the Mayoral duties were not changed, they were still in Title 2.14.040.

Mark Smedley and Council Member Franco discussed proposed changes and how they would affect the duties of the City Manager and whether or not the Mayor should have a vote.   Council Member Franco believed 2.04.010, A. 3. was redundant and was covered in Title 2.14.040 which was not being changed in the motion.  Council Member Franco did not see the spirit or the substance of anything being changed.  She asked that the City Council be allowed to claim the powers the State Code allowed.

Mr. Smedley addressed Staff not being able to have adequate time to review the information.  Mayor Potter mentioned she was not looking for more power she wanted good government.  She was concerned there were conflicts that were being built into the City Code.  She believed giving two different people the same job responsibilities was a big conflict.  Council Member Franco stated there was no intent to change the Mayor's powers and there was no intent to shut off any debate.  Mr. Smedley mentioned he and Staff did not have adequate time to review the documents.  Council Member Franco stated this was not an end decision and she was willing to discuss it more in the future but also wanted to move forward with the changes she suggested.   More discussion followed.

Council Member Crittenden called the question on the motion.  Voting Aye on voting on the motion:  Council Members Franco, Bradshaw, Smith, Hardman and Crittenden.

Voting Aye:  Council Members Crittenden, Hardman and Franco.  Voting Nay:  Council Members Smith and Bradshaw.  The motion passed.

16. Consider Adoption of the Heber City Expansion Area Memorandum of Understanding – A Memorandum of Understanding Between Wasatch County and Heber City - Tabled Item

Motion:  Council Member Franco moved to untable item #16.  Council Member Crittenden made the second.  The motion passed unanimously.

Discussion returned to City Manager severance package amount.  The total amount figured by Wes Bingham was discussed with Council Member Smith.

Mayor Potter turned the discussion back to the MOU discussion.

Council Member Franco had several issues she wanted to discuss with the County Council.   County Council Members Kendall Crittenden and Danny Goode came forward to discuss the MOU.

Council Member Crittenden mentioned the County Council meeting held the previous Wednesday night and what they had discussed.

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County Council Member Kendall Crittenden said their Council would prefer an agreement but would accept an MOU.  County Council Member Goode said it was also discussed at the Interlocal meeting.

Lengthy discussion followed regarding the MOU with several opinions from both Councils.  Discussion can be listened to through the posted audio. 

Council Member Franco wrote eleven items to discuss at the combined City Council and County Council Meeting on the white board:1.  Ridgeline2.  Trails3. UDOT Highway Access4.  Highway Setbacks5.  N.V. Code6.  County land use zones (density, plats)7.  Road Standards8.  Affordable Housing9.  Slope10.  Impact Fees11.  Wasatch View Acres

Council Member Franco attempted a motion to include the items she had listed into the MOU.  She was reminded it was a recommendation to Staff not a motion.  She asked Staff if the list could be incorporated into the MOU and taken to the June Interlocal Meeting and if they could work with the County Council.

Wes Bingham returned to the severance pay discussion.  Mr. Bingham reported an additional $42,732.13 would be included the in the severance pay.  Council Member Franco clarified the total amount as $145,610.40.

Motion:  Council Member Smith moved to go into Closed Session for the discussion of personnel.  Council Member Crittenden made the second.  The motion passed unanimously.

VI. COMMUNICATION ITEMS BY MAYOR, CITY COUNCIL AND STAFF:

1. Board/Commission Reports

VII. CLOSED EXECUTIVE SESSION – CITY COUNCIL CHAMBERS

Motion: Council Member Franco moved to return to the Regular Meeting. Council Member Bradshaw made the second. The motion passed unanimously.

___________________________Amy Bridge City Recorder

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