MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH

December 9, 2008

The public meeting was held in the city office at 520 West Elberta Dr. in Pleasant View, Utah, commencing at 6:05 P.M.

MAYOR: Doug Clifford

COUNCILMEMBERS: Scott Boehme
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker

STAFF: Laurie Hellstrom Bruce Talbot

VISITORS: Matt Hartvigsen Terri Stephensen
Mark Miller

Pledge of Allegiance: Tim Hjorten
Opening Prayer, Reading or Expression of Thought: Tim Hjorten
Comments or Questions for the Mayor and Council for items not on the agenda. None were given.
Consent Items:
Motion was made by CM Boehme to accept the consent items (business licenses to Shear Genius Salon for a hair salon and Wayne & Becky Thompson for a computer consultant business, the minutes of November 13, 2008 (open and closed), November 18, 2008, and December 3, 2008, and the bills of Pleasant View City. 2nd by CM Ferguson. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Voting Nay: CM Walker. Motion passed.

Business:
1. Consider amending the Storm Drainage Master Plan and Impact Fee Study Update and consider amended the associated impact fees and consider adoption of ordinance continued from November 18, 2008. (Presenter: Jones and Associates)
Bruce Talbot: the fees presented are based on lot sizes/zoning. We were recommending a flat fee. I have pulled some samples of building permits for the handout data. Bruce explained his handout. Matt Hartvigsen: the city currently is divided into three main areas. Mayor Clifford: based on an as need type infrastructure. We are now proposing to have it by zoning. Matt Hartvigsen: we are proposing one fee for the entire city. Table 4 of the study is broken down by zoning for an average development in those zones. CM Walker: is it prudent to have commercial a lower rate? Matt Hartvigsen: that is up to you. Mayor Clifford: I would not feel bad about leaving it negotiable for commercial. Matt Hartvigsen: some developments donate land, etc. CM Humphreys: are we going to grandfather in existing lots with homes that now want a garage, etc.? Bruce Talbot: this would be a one time fee and you decide if the old stuff will be charged or start the one time fee now. Mayor Clifford: we have the choice to grandfather them in. Bruce Talbot: we could use the old numbers. CM Boehme: you would need to keep old maps and there would be a lot of figuring. Matt Hartvigsen: the rates depend on your philosophy and growth. CM Boehme: if we got the infrastructure, it needs to be paid for. CM Walker: how do these fees compare with other cities? Matt Hartvigsen: they are comparably close to other cities.
Motion was made by Hjorten to adopt by ordinance the Storm Drainage Master Plan and Impact Fee Study of November 2008 with the assessment on all new development (Ordinance 2008-17). 2nd by CM Humphreys. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.

2. Request the approval of a change order on the regional detention basin project on the west side of HWY 89. (Presenter: Paul Ellsworth).
CM Humphreys reviewed a handout with the council on the changes.
Motion was made by CM Boehme to approve the change order request for Ormond Construction. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.

3. Request a one-year guarantee period for Fox Hollow Subdivision. (Presenter: Bruce Talbot)
Bruce Talbot: the new state law restricts the guarantee period to one year. The city law had a two year guarantee period and we have now adopted a one year guarantee period. They have begun their guarantee period as of January 24, 2008, so the question is whether to go retroactive or not. We have a letter from their attorney. I don’t anticipate any problems with the development. If we go retroactive it needs to be for everyone. CM Boehme: if there is a problem at the end of the guarantee period, the problems still needs to be resolved. CM Humphreys: I am one of the four partners in this development.
Motion was made by CM Walker in light of the fact that there have been few problems with the project and because we have gone to a one year guarantee period, I move that we change Fox Hollow’s guarantee period to one year, subject to the typical engineer’s inspection and approval of the subdivision. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Walker. Abstained vote: CM Humphreys because of a conflict of interest. Motion passed

4. Adopt a resolution authorizing an employer pick-up of employee retirement contributions. (Presenter: Laurie Hellstrom)
Motion was made by CM Boehme to adopt a resolution authorizing an employer pick-up of employee retirement contributions (Resolution 2008-L). 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.

5. Discuss Open Space Impact Fee projects.
CM Humphreys: I spoke with Mr. Cook who owns the property and he wants to meet with us. Mayor Clifford: can we go on the site tomorrow and meet? We could also use the funds at the Wadman Park. No other action taken.

Other Business:
Mayor Clifford: there will be a Christmas Party for the City Council and the Planning Commission on December 23rd. We have reviewed all the sections of the personnel policy and we need to generate new employee evaluations. The lawsuit with the manhole cover was dropped by State Farms Insurance. I was asked by John Hansen if the city was going to write a rebuttal on the editorial in the Sentinel News (Mackley’s) on the sewer line in Mt View Landing Commercial area. CM Humphrey: it was slanderous. Mayor Clifford: I will pen one up and get permission to use the CWSID letter to Mackley. There will be a fly-over in the spring of 2009; our cost will be $808. CM Boehme: is it different than Google maps? CM Clifford: Google doesn’t have the resolution. The fire district’s vote came in at a 4 to 1 vote, but the state will be requiring all taxing districts to have elected board, so before they can even enact the district change there has to be an elected board. We have begun the hiring process for the Associated City Administrator. There will be a hiring committee. CM Boehme: will Paul Ellsworth after retiring in place have to turn in the city vehicle and cell phone? Mayor Clifford: he will be adjusted down. CM Hjorten: will the police department be under the Mayor? Mayor Clifford: yes. At the second meeting January we will have a budget review and look at trends and the bigger picture and at the first meeting we will be looking fee increases. CWSID fees are going up.

CM Humphreys: the water line is into the second phase on 900 W. There will be a change order on import and they are trying to get the road paved.

CM Walker: the drinking fountain in the building needs to be adjusted. Can there be a recital in the basement with no charge if open to the public? It will be on the next agenda for consideration.

CM Ferguson: The Santa Claus visit went well, thanks to CM Hjorten.

Adjournment: 8:35 P.M.