FRUITA CITY COUNCIL REGULAR MEETING DECEMBER :00 P.M.

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1 Fruita Cit Council Minutes 1 1. CALL TO ORDER AND ROLL CALL FRUITA CITY COUNCIL REGULAR MEETING DECEMBER :00 P.M. The Regular meeting of the Fruita City Council was called to order by Mayor Adams at 7:00 PM. Members present were Darline Merling, Dave Karisny, Mel Mulder Bill Tallon and Nick Kohls, Ken Dodgion was excused absent. 2. PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of allegiance was led by Councilman Tallon and Councilwoman Merling gave the invocation. 3. AGENDA - ADOPT/AMEND COUNCILMAN MULDER MOVED TO ADOPT THE AGENDA AS PRESENTED. COUNCILMAN KARISNY SECONDED THE MOTION. THERE WERE 5 YES 4. PROCLAMATIONS AND PRESENTATIONS A. EMPLOYEE OF THE MONTH Chief of Police, Mark Angelo read the nomination for a group of City employees that with the beautification of Red Cliff Mobile Home Park. Chief Angelo stated that this project was not about just getting it done but doing it the right way and the project was completed in one day with smiles on all of their faces. Mayor Adams and Human Resource Director Yvonne Piquette presented plaques and gift certificates to Ken Binam, Gary Link, Paul Spence, Juanita Trujillo and Tom Nankervis..Lori Buck and John McBride were also on the group but were unable to attend. B. INTRODUCTION AND SWEARING IN OF OFFICER DICAMILLO Chief Angelo introduced Lisa Dicamillo and Jake, the Police Dog to the Council. Chief Angelo stated that Officer Dicamillo has many years of experience and will be an asset to the Fruita Police Department. City Clerk, Margaret Steelman swore Officer Dicamillo in as Police Officer to the Fruita Police Department. 5. PUBLIC PARTICIPATION

2 Fruita Cit Council Minutes 2 There were none. 6. LIQUOR LICENSE There were none scheduled. 7. PUBLIC HEARIANGS A. ORDINANCE SECOND READING - AN ORDINANCE REPEALING AND REENACTING SECTION (F) OF THE FRUITA MUNICIPAL CODE CONCERNING THE SCHEDULE OF HEIGHT/BULK/LOCATION REQUIREMENTS IN ZONE DISTRICTS AND REPEALING AND REENACTING SECTION DEFINING LOT COVERAGE. City Manager, Clint Kinney stated to the Council that this is the last step to solidify the interpretation of calculation for lot coverage. Mr. Kinney stated at the November 2, 2004 Council meeting there were a number of builders and developers present to have resolve to this issue. Mr. Kinney stated that the Council directed staff to hold meetings and try to develop a solution to the lot coverage issue. Mr. Kinney stated that several meetings were held and staff proposed a maximum coverage of 35% for the principle structure and an additional 3% for accessory structures. Mr. Kinney stated that after a great deal of discussion, a compromise was offered to allow for 40% lot coverage for principle structures and 3% for accessory structures and because of their unique nature, PUD requirements would be left off the bulk, height, location chart and would be addressed in each individual PUD guide. Mr. Kinney stated the with the emergency ordinance set to expire 61 days after its adoption, the Council now needs to review the permanent ordinance on this second reading. Mr. Kinney stated that it is staffs recommendation to approve this ordinance modifying the definition of lot coverage and setting new standards in the bulk, height, location chart. Mayor Adams opened the meeting to the public, with n comments from the public the hearing was closed. Councilman Tallon expressed his appreciation to Mr. Kinney for seeing this issue through and thanked him for a job well done. Councilman Kohls inquired if there has been any further comment from the builders and developers. Mr. Kinney stated that he has not heard of any comments and that most of the builders and developers were satisfied with the outcome. Councilman Karisny stated that he too commends Mr. Kinney for a dealing with a very difficult situation and thanked him for a job well done. COUNCILMAN TALLON MOVED TO ADOPT ORDINANCE REPEALING

3 Fruita Cit Council Minutes 3 AND REENACTING SECTION (F) OF THE FRUITA MUNICIPAL CODE CONCERNING THE SCHEDULE OF HEIGHT, BULK, LOCATION REQUIREMENTS IN ZONE DISTRICTS AND REPEALING AND REENACTING SECTION DEFINING LOT COVERAGE. COUNCILMAN KOHLS SECONDED THE MOTION. THERE WERE 5 YES B. RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY THE EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR 2004 FOR THE CITY OF FRUITA. City Clerk/Finance Director, Margaret Steelman stated the City of Fruita budgeted for salary adjustments in 2004 through the use of salary contingencies and the contingency fund was established to cover performance adjustments and cost of living adjustments for Mrs. Steelman stated that the General Fund salary contingency was budgeted at $65, 895 and the Sewer Fund salary contingency was budgeted at 12,000. Mrs. Steelman stated that this resolution transfers %56,250 of the 65,895 salary contingency to various departments in the General Fund for personnel costs and $8,000 of the $12,000 salary contingency in the Sewer Fund to various programs in the Sewer Fund for personnel costs. Mrs. Steelman further stated additional appropriation in the Fleet Maintenance Fund in the amount of #10,400 is for vehicle repair and maintenance costs and the funds for this additional cost are available through line item adjustments in the General Fund Public works Department of $8,800 and the Police Department in the amount of $1,600. Mrs. Steelman stated that this is the first year for the Fleet Maintenance Fund which is an internal service fund and derives all its revenue sources from charges to other City Departments. Mrs. Steelman stated the transfers from salary contingency accounts have minimal fiscal impact as the transfer was anticipated at the time the budget was adopted. Mayor Adams opened the meeting to the public, with n comments from the public the hearing was closed. COUNCILMAN KOHLS MOVED TO ADOPT RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR 2004 FOR THE CITY OF FRUITA. COUNCILMAN KARISNY SECONDED THE MOTION. THERE WERE 5 YES 8. COUNCIL REPORTS AND ACTIONS COUNCILMAN TALLON Councilman Tallon stated that Lori Buck has stepped down from her position in the Planning Department and Chairman of the Planning Commission, Mike Joseph has been hired to take her place. Councilman Tallon stated that Mr. Joseph has resigned his position on the Planning Commission and Mrs. Susan Carter has be appointed as Chairwoman and Ms. Teri Roth has been appointed as Co-Chairwoman.

4 Fruita Cit Council Minutes 4 COUNCILMAN MULDER Councilman Mulder stated that in the CML brochure there was a top on grass roots and involvement. Councilman Mulder stated that he would like to discuss this topic at the next workshop. City Manager, Clint Kinney stated that he would certainly have the topic put on the workshop agenda, if the Council chooses to have a work shop at the end of this month. Mayor Adams inquired to each council member if they would like to have the Workshop next week. The council inquired to Mr. Kinney if there was anything controversial that would need to be discussed in length before the next formal Council Meeting. Mr. Kinney stated that there is only one big issue and can be discussed at the Council Meeting. The council decided to not have a workshop meeting and will reconvene January 4, COUNCILMAN KARISNY Councilman Karisny stated that in the last City Link, City Manager Clint Kinney wrote about how to communicate better with the Citizens of Fruita and would like to discuss this at the Workshop meeting in January on ways to meet with the public. MAYOR ADAMS Mayor Adams inquired about street striping issues and if there has been any solutions to have permanent striping. City Manager, Clint Kinney stated the Public Works Director, Tom Huston is conducting a study on which would be the best cost effective way to accomplish the street striping issue. A. TREE BOARD APPOINTMENT City Manager, Clint Kinney stated that Mr. James Kajer has been never formally appointed to the Tree Board and all that is being done this evening is the formal appointment. COUNCILMAN MULDER MOVED TO APPOINT JAMES KAJER TO THE CITY OF FRUITA TREE BOARD. COUNCILMAN KOHLS SECONDED THE MOTION. THERE WERE 5 YES 9. CONSENT AGENDA A. APPROVAL OF CITY COUNCIL MINUTES OF NOVEMBER 2, 2004 REGULAR MEETING B. A REQUEST FOR APPROVAL TO SEEK CONTRIBUTIONS OF GIFT CERTIFICATES, SAVINGS BONDS AND CONTRIBUTION THROUGH THE CITY MARKET RECEIPTS PROGRAM TO SUPPORT THE ANNUAL ARBOR DAY PROGRAM AND YARD OF THE MONTH

5 Fruita Cit Council Minutes 5 C. RESOLUTION FIRST RELEASE OF SUBDIVISION IMPROVEMENTS AGREEMENT FOR MILLER S RUN SUBDIVISION. D. RESOLUTION FIRST RELEASE OF SUBDIVISION IMPROVEMENTS AGREEMENT FOR RIVER MESA SUBDIVISION. E. RESOLUTION SETTING A HEARING DATE FOR THE HUGHES RANCH ANNEXATION F. RESOLUTION SETTING A HEARING DATE FOR THE FRUITA HOME FRONT ANNEXATION. G. RESOLUTION A REQUEST FOR APPROVAL OF ADDITIONAL ESCROW AND DISBURSEMENT AGREEMENT FOR VISTA VALLEY PUD FILING 2 SUBDIVISION. COUNCILMAN MULDER MOVED TO APPROVAL OF THE CONSENT AGENDA. COUNCILMAN TALLON SECONDED THE MOTION. THERE WERE5 YES 10. ADMINISTRATIVE AGENDA A. CITY CLERK i) FINANCIAL REPORTS City Clerk/Finance Director, Margaret Steelman gave a summary of the November Financial Reports. Mrs. Steelman stated that the General Fund Revenue report shows November revenues, year to date revenues, budgeted revenues and the actual revenues as a percentage of the budgeted revenues for the General fund. Mrs. Steelman stated that the city is at 92% of the way thru the year and thru November 2004 the actual General Fund revenues are at 101% of the budget. Mrs. Steelman stated that the sales tax revenues received in December for October sales are up 10% for the month and 15.38% for the year and County sales tax revenues for the same period are down 14.5% for the month and up 5% for the year. Mrs. Steelman stated that Use Tax Revenues collected on motor vehicles is down for the month but are up 13% over the 2003 revenues and are at 102% of the budget. Mrs. Steelman stated that Use taxes collected on building materials are up 52% over last year and are currently at 195% of the amount budgeted for Mrs. Steelman stated that the amounts collected in the Use Tax Revenues and General Fund reports are due to adjustments that need to be made for accruals of revenue at year end. Mrs. Steelman stated that she sees no problem finishing the year. Mayor Adams noted that health insurance cost will going down next year which is wasn t expected.

6 Fruita Cit Council Minutes 6 Councilman Karisny inquired if anything depends on the receipt of Use Tax. City Clerk Margaret Steelman stated that she doesn t see any problems with budgeting and in the 2005 Proposed Budget 200 homes were calculated. Mrs. Steelman stated that Car Sales were down for October but that fluctuates through out the year. City Manager, Clint Kinney stated that the City should start seeing more retail sales tax revenues as there are more businesses coming into the City Fruita. COUNCILMAN MULDER MOVED APPROVAL OF THE FINANCIAL REPORTS. COUNCILMAN KARISNY SECONDED THE MOTION. THERE WERE 5 YES With no further business to come before the Council the meeting was adjourned at 7:49 P.M. Respectfully Submitted, Michelle Hopkins Deputy City Clerk