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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
August 12, 2008
The public meeting was held in the city office at 520 West Elberta Dr. in Pleasant View, Utah, commencing at 6:02 P.M.
MAYOR: Doug Clifford
COUNCILMEMBERS: Scott Boehme (excused)
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker (excused)
STAFF: Laurie Hellstrom Scott Jackson
Paul Ellsworth Bruce Talbot
VISITORS: Terri Stephenson Jared Johnson
Christine Badger Tim Badger
Stacy Curtis Craig Erickson
Tim Healy Lynette Krualls
Claudia Gibson Wallace Haun
Jim Fisher Colette Virgil
Bill Virgil Ray Lewis
Michael Wright John Tebbs
Leonard Call Terry Call
Dave Wade Lynn Froerer
Blaine Anderson Cary Jacobs
Pledge of Allegiance: Doug Clifford
Opening Prayer, Reading or Expression of Thought: Doug Clifford
Comments or Questions for the Mayor and Council for items not on the agenda.
None
Consent Items:
Motion was made by CM Hjorten to accept the consent items: the minutes of July 22, 2008, and business licenses to: Mendy Reese for an internet artwork sales business, Jentri Kendell for a hair salon, and to the University of Utah Dialysis Center. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Business:
1. Request to make a zoning statement. (Presenter: Craig Erickson)
Craig Erickson: I have three acres of property at 3271 N HWY 89. I purchased it 10-15 years ago. I am interested in agriculture and raising farm animals. There was a public hearing regarding zoning to a CH zone. My property would fall under it and my property will not fit. I want my property left as is and left to allow an agriculture zone. I have animals 365 days a year. I want this on public record – I don’t want my land rezoned because there is no provision for agriculture and I don’t want it to be grandfathered in. Mayor Clifford: a change in zoning doesn’t change the existing use. Agriculture will be allowed as long as you own it.
2. Request approval to purchase a replacement vehicle to replace the totaled police vehicle. (Presenter: Scott Jackson)
Scott Jackson gave a presentation on the vehicle rotation plan, the replacement cost, and insurance reimbursements.
Motion was made by CM Hjorten to approve the replacement of the 2007 vehicle with a 2009 vehicle and keep in the same 3 year lease rotation. 2nd by CM Humphreys. Voting Aye: CM Hjorten and CM Humphreys. Voting Nay: CM Ferguson. Motion failed.
It will be placed on the next agenda when there are more members of the council in attendance.
3. Public Hearing – Consider the creation of a local fire district to be known as the North View Fire District, to take over the operations of the North View Fire Agency and to provide fire protection, paramedic and emergency services within its service area, the cost for the proposed services will be paid through the collection of ad valorem property taxes. (Presenter: Representative from the North View Fire Agency)
Motion was made by CM Humphreys to open the public hearing to consider the creation of a local fire district. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Leonard Call gave background information on the fire agency. Leonard Call: the fire agency serves North Ogden, Pleasant View, and Harrisville. Since 2000 the population has increased 20% and the at same-time calls have increased 79%. The biggest challenge is that the cities are growing out and the national standard is a 4-6 minute response time and our average response time is 8 minutes. There is a problem with funding. The fire agency is funded by the three cities. This is recommended by the three cities. We are always competing with the three cities’ budgets and with their police department’s budgets, street department’s budgets, etc. We are looking for a stable source of funding. The operations will not change, but how it’s funded and governed will change. We want to capture growth and not compete with other budgets. We would change from an agency to a district. We will get funds directly from tax and not from the cities. It will not be a new tax, but a tax shift. The public notice doesn’t say that Pleasant View’s taxes will go down. Jared Johnson: I have a question on response time and what is the difference. We put money in Pleasant View City for a station - a one million dollar water and fire bond. Jim Fisher: there was a bond for the fire station. Jared Johnson: we were told that there would be a fire substation. Mayor Clifford: it will be part of the Wadman Park. The land was donated. Jared Johnson: do we lose control? Leonard Call: the mayor and a councilmember will sit on the board. Mayor Clifford: instead of going to each city each year to explain their budget, this would take it out of the General Fund and have it taxed directly. Property tax collected by the cities will drop and the net effect will be zero tax increase. CM Hjorten: as a district, they are still under public hearings. Tim Healy: if I have, per the pamphlet, a $127 tax, my Pleasant View tax will drop by that same amount? If it becomes a fire district and after a year they increase the fire department’s levy, will Pleasant View reduce their tax by that same amount? Mayor Clifford: no. Tim Healy: Central Weber Sewer Improvement District has a public hearing August 18th and they are proposing to almost double the current tax and I bring this up on the account that it is a district. I am concerned with separate groups. Mayor Clifford: this will be on the November 4th ballot. Blaine Anderson: if the local taxes are offset by $127, how can the city run on $45? Leonard Call: of the entire general fund budget, only a certain percentage comes from property taxes. There are franchise taxes, sales tax, etc. The cities have to decrease the property tax by $127. The fire district will not get franchise taxes, etc. Blaine Anderson: I couldn’t believe that the city could run on $45. Terry Call: I was the fire chief for 28 years and I understand the problem. There are major problems and funding inabilities to do any kind of planning. Mayor Clifford: in argument for the change, if we were to go to North Ogden for the request for the substation in Pleasant View City it won’t happen. We wouldn’t get their cooperation. Cary Jacobs: how often does truth in taxation come up? Mayor Clifford: it can happen each year. Cary Jacobs: will we have three elected individuals on the board? I think if there is one individual from each entity and public participation, I think there would be more response from the public. Mayor Clifford: if there is an election at large, we may run the risk that all will be from North Ogden. Jared Johnson: we need to make sure there is an individual from each precinct. Jim Fisher: I applaud the city council for moving forward on this. This is not new. Pleasant View has set up a fire station fund. Laurie Hellstrom: Pleasant View City has put into the Fire Station Fund from the General Fund more than what has been recouped from impact fees. How will paying back Pleasant View City from the district be resolved? Mayor Clifford: we have decided not to go into another election to vote for all the members. Are there any more comments? No other comments given.
Motion was made by CM Hjorten to close the public hearing. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
CM Hjorten: Chief Call has heard the comments from the public. They have some publishing to do. Mayor Clifford: there is no action required.
4. Public Hearing – consider a General Plan amendment regarding allowance for very high density residential housing at approximately the northwest corner of Lynne Street and HWY 89. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to go into a public hearing to consider a General Plan amendment. 2nd by CM Hjorten. Voting Aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Bruce Talbot gave an overview of the General Plan. Bruce Talbot: the only area listed as high density/mixed use on the General Plan is between 2550 N and 2700 N by the North Ogden border. The proposal has all the things the General Plan calls for. The area being considered is the original Willowbrook Subdivision. There are three pieces to the project; mobile homes, single residential, and commercial areas. The commercial area is undeveloped. We have approved a dentist office on one of the lots in the commercial area. Their request is apartments on the north side of Lynne Street and office buildings on the south side of Lynne Street. It meets the RM zone components as a concept. There is an existing development agreement on the property and the city council said that they were willing to entertain changes. CM Hjorten: is Lynne Street a private street? Bruce Talbot: yes. Mayor Clifford asked for comments from the public. Craig Erickson: are the office buildings taller than the houses? Bruce Talbot: office buildings have a maximum height of 35’, the same height limit as houses. Craig Erickson: as a homeowner I would be upset to have no privacy in my yard. CM Hjorten: what is the height of the fence? Bruce Talbot: taller than normally seen, but the same as most houses on the hill. Lynette Krualls: I live in the Willowbrook Subdivision. I have been to the two planning commission meetings opposing the complex. We all got together and talked with our neighbors. There are ten homes in there and there is the mobile home park. We have a signed petition opposing it and the reasons why. We don’t want to lose our view. We don’t want apartment traffic, their parking, and them driving through our street. She handed the petition to the city. Christine Badger: I have lived in the Willowbrook Subdivision for one month. We liked the view and quietness and no traffic. I don’t want what is going in there. She showed pictures of their view. It is going to lower our property value. Tim Badger: this is our dream. I would like to see it quiet and no high density apartments. I’d like to see it stay in a slow pace growth. Claudia Gibson: I live in Willowbrook. The website said Pleasant View keeps businesses away from single families. I don’t want my view lost and lose value on my home. All of us have spoke against apartments there. 100% of the people don’t want it. Please take in our consideration when deciding. Michael Wright: I appreciate the comments made tonight. I have tried to address their issues. It would be the same whether there was commercial or apartments. They are the same heights as their homes. We redefined the plans. It went before the planning commission and they voted two against and two for it. I can’t see this depreciating homes. This is HWY 89 and a high traffic area and it has always been contemplated at a higher use. It may not be where residents want it to go, but it has been on the city books for six months. You have a group to move something forward. I’m the largest landowner in that area. John Tebbs: this is not a low-end project. This is a nice high-end project. Pleasant View City is short on high density residential. If denied, there is no idea what to put there. I’m confident that the city would be very pleased when it is done. Collette Virgil: could the public see a picture of the project? Scott Jackson: held up the plans. John Tebbs: the apartments are three stories. Mayor Clifford: are there any other comments? Jim Fisher: we talked to another developer on an apartment design and asked that it be designed to look like large homes. Could that be considered there? Collette Virgil: what is the density? Michael Wright: 96 units. No other comments made.
Motion was made by CM Hjorten to close the pubic hearing. 2nd by CM Humphreys. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
CM Hjorten: there are two items tonight, a General Plan change and a zone change. The General Plan change is from high to very high density and up to 8 units and this 20 units per acre. Bruce Talbot: the other complex is 202 units with the same density, but more land. Mayor Clifford: it is important to note that the development agreement calls for commercial in the entire development. CM Hjorten: commercial has the same height limits of 35’. Mayor Clifford: everyone would like a vacant lot, but unfortunately it has a development agreement on it for commercial. There is commercial across the street already. Mayor Clifford: this issue is whether it will be commercial or high density. CM Ferguson: does the acreage include the street? Michael Wright: yes. CM Ferguson: that seems too high for that many people. John Tebbs: it is the same density as the other project. CM Humphreys: there are some site differences. John Tebbs: 96 units is a minimum to support a club house. We don’t want to give up the club house. CM Ferguson: the planning commission denied the request. John Tebbs: the vote was split. CM Humphreys: I still like the concept of the original plan. Commercial in front and high density in the back. I prefer that concept. They have a problem marketing commercial. CM Hjorten: it is common for apartment to be a buffer. I have concerns with amendments to the General Plan. The first question is, is it appropriate to change to higher density. Mayor Clifford: we are in the middle of revising the General Plan. We should wait for what they are doing. Bruce Talbot: their language allowed for higher density. Mayor Clifford: at the time the development agreement occurred, this requested density didn’t occur anywhere in the City. People in that area have expressed concerns. It will most likely have business not homes on the area. That is a given. What would you want? Originally it was to be storage units. CM Hjorten: storage unit are a temporary use and are taken down with a higher return. What is the typical height of a two story house? Bruce Talbot: we measure at mid-point not to the top at 35’. It would be the same for apartments. CM Hjorten: if the mobile homes were not there would property values increase? Does its presence detract from single homes? Bruce Talbot: it depends on the upkeep of the mobile homes. CM Hjorten: when I bought my house, it was an agriculture area and it distracted the view of others, and the home built above me blocked my view, but I didn’t purchase the view. Mayor Clifford: would the property owners surrounding the area prefer a strip mall or apartments? Comments from the public where for more houses. CM Hjorten: strip malls bring in more traffic. Comments from the public where that the strip-mall closes at some point, but the apartments don’t closed. Mayor Clifford: this is a concrete plan. There could be a breath of things that might end up there. The developers have tried almost ten years to attract commercial. CM Ferguson: there is a committee working on the General Plan revisions. Bruce Talbot: I hate to put in words for the committee, but the group has been considering alternative densities. CM Ferguson: can the apartments go from three floors to two floors? Michael Wright: the apartments have amenities and you will get a better quality. John Tebbs: there will be an onsite manager. Michael Wright: the development agreement proposed has teeth in it and the city can say how it is managed. CM Hjorten: there is the proposed transit stop and we anticipate commuters using the frontrunner. Michael Wright: they could walk to the commuter rail. CM Hjorten: could it be mandated that visitors not be allowed to stay longer than a week? Michael Wright: we could handle that. Mayor Clifford: my personal opinion, I think as we talk about the General Plan and diversity, the complex will be desired. The question is to see what the General Plan group comes back with. A more appropriate place for apartments may be by the frontrunner or in the EDA area. John Tebbs: do you want to wait for the committee? Mayor Clifford: what do the citizens there want. It is not going to vacant lots. Comments from the public were single residential lots. CM Hjorten: is Michael Wright okay with postponing it? Michael Wright: yes, let us know. The public also asked to be notified when it is back on the agenda.
Motion was made by CM Hjorten that in view of Michael Wright’s willingness to postpone this and until we receive the General Plan committee’s review, I would make a motion to table this item until that report has been generated and noticing to the public. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
5. Public Hearing – consider a zone change request from CP-2 (commercial) to RM (residential multi-family) for property located at approximately the northwest corner of Lynne Street and HWY 89. (Presenter: Bruce Talbot)
Motion was made by CM Hjorten to open the public hearing to consider a zone change. 2nd by CM Humphreys. Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Bruce Talbot: the zone request is to RM zone for the apartments.
Motion was made by CM Hjorten to continue the public hearing to a date when further information is available. 2nd by CM Humphreys: Voting aye: CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
6. Budget items:
a. Review of the 2008-00 fiscal year budget.
b. Review the 2007-08 impact revenues and expenditures.
(Presenter: Laurie Hellstrom)
c. Street projects review. (Presenter: Paul Ellsworth)
Laurie Hellstrom reviewed the impact fees and expenditures as of June 30, 2008 with the council. Paul Ellsworth reviewed his projects with the council.
Other Business:
Mayor Clifford: on the next meeting we will have an RDA Meeting and have the bid for the Wadman Park mitigation plan.
Adjournment: 9:20 P.M.
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