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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
August 22, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey (excused)
Leonard Call
Doug Clifford
Mae Ferguson (excused)
Michael Humphreys
STAFF: Laurie Hansen Bruce Talbot Paul Ellsworth
VISITORS: Dave Hulme Frank Maughan
Clair Knight Wallace Haun
Max Poppleton Doug Hamblin
Emma Hulme Brent Bailey
John Hansen Jo Thompson
Jim Fisher Jeff Hales
Randy Marriott Bill Caron
Bill Caron
Meeting was called to order at 6:00 P.M.
Opening prayer, reading or expression of thought: Doug Clifford
Pledge of Allegiance: Doug Clifford
Comments or Questions for the Mayor and Council:
Bill Caron: I am here to ask questions on the truck issue. Why has the history not been posted on the website? What is the correct way to ask questions? It is wrong to have an industrial access in residential areas. He read from Section 10.32.050 (B) of the city ordinance. Why can’t the trucks be restricted for 90 days? He read from Section 10.32.050 (C). There is an alternate access. Randy Marriott’s road. Trucks should be restricted from 500 W and 900 W. Mayor Wheelwright: there is no public access. Randy Marriott’s access is private. On July 11, 2006 the council voted for a consulting company to do a traffic study. Bill Caron: the city had a traffic study done by A-Tran in 1999. There is heavy liability for the city. CM Call: all was okay until the Judge said you can’t, they need a public access. Another resident stated that there is access through North Ogden. Mayor Wheelwright: the new study will determine what the best and safest route is. Our plan is to present the study at the September 12th meeting. It will be an open forum with both city attorneys here. We will have the resources that night for questions. Mayor Wheelwright: the history has not yet been posted or drafted. It is in the process. We hope to have it by the end of August and there may be some additional revisions. We appreciate your interest and concerns. Our legal hands are tied until we get a permanent alternative access. Currently we are trying to enforce the ordinances that we can enforce. We have an officer dedicated to this and he will be having special training in October. We are trying to make sure the roads are safe. We are also having the study done to find the safest route in the city. The study includes some routes not available in 1999.
Consent Items:
Motion was made by CM Clifford to approve the consent items (business licenses to: Fast Fingers Transcription, Little Sprouts Preschool, Speedystamp.com, Douglas McGregor, Charity Lawn Care, and Ultimate Home Care and the minutes of July 11, 2006, July 25, 2006, and August 8, 2006). 2nd by CM Call. Voting was unanimous in favor.
Business:
1. Country Fields Subdivision Phase 2: Request final subdivision approval. Located at approximately 1100 W Hwy 89. (Presenter: Bruce Talbot)
Bruce Talbot: there are the issues from the engineer’s memo, an issue with the access to other properties, and a zoning/General Plan issue. Mayor Wheelwright: in the General Plan there are commercial nodes along HWY 89. CM Clifford: we voted to maintain the commercial nodes. Bruce Talbot gave a history of the granting of the RE-15 zone to Country Fields. Bruce Talbot: Jody Burnett reviewed the issuing of the RE-15 zone and he felt that at the time the rezone was granted they had a right to it and it should proceed. Bruce Talbot: at the planning commission level they recommended approval subject to the commercial rezone, but at the city council level no discussion occurred. Mayor Wheelwright: because it was not drawn to our attention. CM Call: just because it was zoned, I don’t see that we have to do that. Bruce Talbot: the time to evaluate the General Plan should be done at rezone time. The General Plan is a guide, we don‘t have to follow it. I think we should follow it, but we are not required to follow it. CM Clifford: philosophically I choose to keep it commercial. Some local commercial will become more important and because of the cost of fuel and short stops will be wanted. Bruce Talbot: the development has moved forward with investments. Mayor Wheelwright: moved forward after preliminary. CM Call: if that is the case there is no reason to come to city council. Mayor Wheelwright: part of the problem is we don’t see anything at preliminary and there is no guarantee we would have caught this. Unfortunately it’s more of a rubber stamp by the city council per Jody Burnett. There is no meaning for this body, why even come to city council? Mayor Wheelwright: there is a concern with access in that area. Bruce Talbot: there is no additional access except the master plan road. Maycock’s property only has access through Mt. Orchard Drive (the master planned road) or through an adjacent subdivision. Maycock’s property is narrow. We don’t allow cul-de-sac over 500 feet. It would be hard for them to meet the requirements in design. Double facing lots is also a problem. Moore’s property also has the same problems. There are planning issues. CM Clifford: this is where we need to be careful. There are pieces not connecting and it won’t be pleasant to drive around in. We need to step back and master plan the area for future development. There are going to be a lot of loose ends. CM Clifford: if we step back and look at lot 57 as an access, it makes lot 56 a bad lot. Bruce Talbot: Country Fields Phase 3 could design another access road for a through street to serve Maycock’s property. He could proceed with Phase 2 and address the access in Phase 3. The Maycock's property was told they need to work out the access issue. I don’t know if that is a city problem. Mayor Wheelwright: I agree. I am not willing to give leverage, but we have a responsibility that it develops for people that live there. CM Clifford: we need to look at it all together. Brent Bailey: on the opposite side of the road the city has the MCM zone available for those types of businesses. That was the discussion that lead to putting the nodes on the other side of the highway. I didn’t get notified of the General Plan hearing. CM Call: the hearing was general to all the area, not specific to that one area. Brent Bailey: we talked to all the property owners and plotted all the properties in order to keep the water line in place. We couldn’t work it out with Maycock’s and moved the Pleasant View waterline over. We have a huge expense on that waterline. We opted not to connect and not to develop a high speed lane. We did loops to keep a slower environment. The new property owner of Maycock contacted us a couple of weeks ago. It will take a lot of reworking and a financial burden because of the water line. It shouldn’t fall on us. Mayor Wheelwright: is the city being unreasonable to address the access issue? Brent Bailey: no, if development is needing access the adjacent property should bear the cost of the lost lot. Doug Hamblin: I contact them and asked to pay retail cost for the lot and I am still willing. John Hansen: He called and made the offer, but we didn’t accept because we were too far along in the process. I told Maycock’s earlier that we need to work together. Mayor Wheelwright: do you still have the engineering on all the properties? John Hansen: yes. Doug Hamblin: the bottom of Maycock’s property can’t be sewered without access. CM Humphreys: you could get an easement through the highway. Mayor Wheelwright: there could be more problems if this isn’t addressed. CM Call: it is odd to talk about no neighborhood commercial in residential. CM Clifford: commercial can be isolated to an area or have a nice office or something. It is better to have one area for commercial. I am more concerned with the connection than the commercial. I would accept the rezone to residential, but not the access issue. CM Call: it is already rezoned to RE-15. Mayor Wheelwright: their recommendation was to amend the General Plan to residential. CM Clifford: there would need to be another agenda item. Mayor Wheelwright: that would give them the opportunity to get with other property owners. CM Clifford: we need more property for commercial there. CM Call: the planning commission recommended final subject to the General Plan change. CM Clifford: they tried to. Mayor Wheelwright: it was on the agenda a few meetings ago. CM Call: it was turned down. Mayor Wheelwright: we didn’t have the information from the planning commission at that meeting. We didn’t have the benefit of that discussion and not all were notified of that meeting. CM Clifford: we didn’t have a lot of subdivisions in place when we did the General Plan. We may need to rethink it. CM Call: it doesn’t make sense to have neighborhood commercial on the other side of the street.
Motion was made by CM Humphreys to table the approval with the instruction to put on the next meeting a General Plan amendment. Motion dies for lack of second.
CM Call: this doesn’t meet what we voted on that meeting. CM Clifford: the General Plan is a minor issue compared to the access. CM Humphreys: that shouldn’t have been rezoned without a General Plan change. Brent Bailey: we had the rezone to RE-15. We were told that the General Plan was just a guide. CM Humphreys: we should go through a process to amend the General Plan. Mayor Wheelwright: and by a public hearing. Brent Bailey: we can work on the access issue in Phase 3. We can’t help with his sewer issue. I would address it if he bears the cost. CM Clifford: He said he would buy a lot. Frank Maughan: you need your attorney to give you a legal opinion on how the master plan plays out. Is it mandatory or advisory? The General Plan is what the city will look like, but under personal property rights the Maycock's and the Moore's made their decision and it is not the city’s responsibility to get neighboring landowners to participate. You already voted to change the rezone. Mayor Wheelwright: there was obviously a mistake in the rezone. Brent Bailey: I don’t’ think so. Mayor Wheelwright: the problem is information fell through the cracks. CM Call: it was a procedural problem. Doug Hamblin: it’s not a problem to go into Phase 3. CM Humphreys: it would be better to connect to the bottom road and keep the sewer and water in our roads. Paul Ellsworth: they need to work out the road access together. CM Humphreys: we also need a General Plan amendment. CM Clifford: we have overwritten the General Plan by rezoning this. Can we force them to work with their neighbor? CM Humphreys: I think they will. Brent Bailey: we can’t guarantee the bottom road. Brent Bailey: the only issue is their sewer. I am not sure if it is deep enough. He could bring the sewer in between two lots with an easement.
Motion was made by CM Humphreys to approve final subdivision to Country Fields Subdivision Phase 2 subject to the access issue for Maycock’s property being addressed and resolved in Phase 3 and staff comments. 2nd by CM Clifford. Voting Aye: CM Humphreys and CM Clifford. Voting Nay: CM Call. Motion dies.
CM Call: I don’t believe that we are in error in rezone. I think it was addressed in preliminary.
Motion was made by CM Call to make the same motion as CM Humphreys (to approve final subdivision to Country Fields Subdivision Phase 2 subject to the access issue for Maycock’s property being addressed and resolved in Phase 3 and staff comments) with the addition of a legal review of tonight’s motion if it is legal without a General Plan amendment after reviewing all the minutes and to go forward based on all the actions. 2nd by CM Humphreys. Voting was unanimous in favor. Motion passes.
2. Grand Legacy Subdivision Phase 4: Request final subdivision approval. Located at approximately 3950 N 200 W. (Presenter: Bruce Talbot)
Bruce Talbot: this subdivision started in 2002. The planning commission recommended it subject to the secondary water and the staff report. Since then we have had a full set of plans on the secondary water system. There is the slope issue that has been resolved through a memo from John Janson dated October 18, 2003 stating that the subdivision was grandfathered. CM Clifford: It may meet the letter of the law, but not the spirit of the law. I’m concerned that we are setting ourselves up with technicalities. CM Clifford: I would feel a lot better if there was a letter from the engineer stating what has been done to address the concerns. Jeff Hales: he requested a grading plan is he is okay with it. CM Clifford: it appears that the engineer wrote himself out on item #5 of his letter. Jeff Hales: he put that in because of the mayor. Mayor Wheelwright: it is best to have it addressed with the city council. The city council never addressed it formally. The legal issue was never addressed. Was a complete application submitted so that the rights where vested at that time. Bruce Talbot: per Jody Burnett, once preliminary was granted a determination was made and the slope ordinance doesn’t apply. Rights were vested at that time. CM Call: I agree that they were grandfathered. Jeff Hales: we need to build the lots - builder friendly.
Motion was made by CM Call to grant final subdivision approval to Grand Legacy Subdivision Phase 4 subject to satisfying staff comments, engineer’s comments, and especially the secondary water issue and to specifically state that they are grandfathered and they don’t have to follow the slope ordinance. 2nd by CM Humphreys. Voting was unanimous in favor.
3. Deer Crest Subdivision: Request approval of the canal crossing agreement. Located at approximately 1100 W 4050 N. (Presenter: Bruce Talbot)
Mayor Wheelwright: the agreement was presented to Rich Jones, City Attorney. The agreement appears to be fine. There is a hold harmless agreement on page 2. We need to make sure a similar provision is in place for the contractor.
Motion was made by Cm Clifford to accept the license agreement subject to the signing of a development agreement with the inclusion of a hold harmless clause in relationship to this agreement. 2nd by CM Call. Voting was unanimous in favor.
4. Public Hearing – Revision to the Annexation Policy Plan. (Presenter: Bruce Talbot)
Motion was made by CM Humphreys to go into a public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Bruce Talbot: the policy needs to be in place before any annexation. We had a disconnect and we failed to incorporate that area back into the policy. The only change to the policy is an addition of area eight to the text and map. No comments from the public were made.
Motion was made by CM Call to close the public hearing. 2nd by CM Humphreys. Voting was unanimous in favor.
Motion was made by CM Call to approve the revision to the Annexation Policy Plan as submitted. 2nd by CM Humphreys. Voting was unanimous in favor.
Standing Reports: Councilmember’s reports on their areas of responsibilities
4th Tuesday: Reports from Councilman Call (Open Space Acquisition and Streets), Councilman Bailey (Public Safety), and Councilman Clifford (CERT)
CM Call: 500 W will be opened tomorrow. The bid on 2550 N is being prepared to go out for this year.
Other Business:
Randy Marriott: light rail elected not to pay me. They need to pay some maintenance on the road. I had to charge that. I charged two bits a ton. 36 tons would equal $9.00, which is not a bad deal. They would save more than $10 if they use my road. They came up with a deal that is ridiculous and not fair. They offered a lump sum. Randy Marriott: I am not done trying to work out things with you guys. Your problem will become my problem. Mayor Wheelwright: if everyone could make good sound business deals. A private land owner should not be required to provide a public access without at least some maintenance. Our plead to you is to please continue to engage in conversation.
Mayor Wheelwright: Interplan’s traffic study will be presented at the September 12, 2006 City Council Meeting. Notice will be placed on the website, utility cards, and by word of mouth.
Mayor Wheelwright: a development review committee started that will be held twice a month. The agenda will be circulated to the council.
CM Clifford: there has been a complaint on a smell at Stone Meats. I couldn’t smell anything. Bruce Talbot and Mike Humphreys had also received a complaint and couldn’t smell anything.
James Fisher: CWSID is looking at the expansion of the plant. The capacity and process is not always meeting the EPA requirements. The reuse program is still three to four years out before it is online.
Adjournment: 8:40 P.M.
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