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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
February 13, 2007
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
Paul Ellsworth Fred Hellstrom
Joey Kuni Cory Clark
Debbie Jones Jody Burnett
Mike Houtz
VISITORS: Joesph Smith Mary Smith
Tim Hjorton Sam Jorgensen
Marlene Jorgensen John Lott
Shane Leslie Barbara Rate
Terry Carpenter Tony Pitman
Sharlene Pitman Bill Virgil
Colette Virgil Greg Wilkey
Tanner Wilkey Brian Laubacher
Steve Weaver Chris Bailey
Murray Olsen Jared Olsen
Ivan Johnson Philip Sauvageau
Jody Deamer Clair Knight
Bill Caron Robert DeVries
Randy Marriott Jo Palmer
Brett Alexander Troy Wolverton
5:00 P.M. 1. Closed Meeting to discuss litigation. (Presenters: Mayor Wheelwright, Jody Burnett, and Mike Houtz)
Motion was made by CM Humphreys to go into a closed meeting to discuss pending litigation. 2nd by CM Call. Voting was unanimous in favor.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Ferguson to go out of the closed meeting. 2nd by CM Humphreys. Voting was unanimous in favor.
Flag Ceremony: Troop 416
Opening Prayer, Reading or Expression of Thought: Leonard Call
Comments or Questions for the Mayor and Council for items not on the agenda: None
Consent Items:
Motion was made by CM Call to approve the minutes of January 23, 2007 as amended, the business licenses (DNS Incorp with the approval of the allowing a person to be employed that is not a resident of the home, and Up And Away Preschool with the approval of 10 students per class), and the bills of Pleasant View City. 2nd by CM Bailey. Voting was unanimous in favor.
Business:
2. Public Hearing (continued from January 23, 2007) – Consider approval of an ordinance adopting amended traffic safety and vehicle weight regulations. (Presenters: Mayor Wheelwright, Jody Burnett, and Mike Houtz)
The public hearing was continued from January 23, 2007. Mayor Wheelwright: this has been in process since last September from a traffic safety plan completed in September. We have pulled together an amendment to the traffic ordinance to deal with some issues. The ordinance designates the truck route or ‘highway route’ from Elberta Drive to Pleasant View Drive to Highway 89. It sets the restricted vehicle weight as 36,000 lbs. as determined by the city engineer. I have in hand Jones’ and Associates technical report for the basis for the 36,000 lbs as the cut off. The ordinance regulates speed limit and passing regulations. It clarifies brake checks, shifting, etc. CM Call: does the state law authorize emergency vehicles to break this ordinance? Mike Houtz: when running an emergency vehicle the vehicle has the authority to run faster than the posted speed. Jody Burnett: it just an attempt to address safety issues under the State law. Steve Weaver: is a clean-off area required? Does the 15 mph start once they round 4300 N corner? I would suggest a 15 mph just before the bend. Shane Leslie: trucks don’t stop at 4300 N and 900 W. I’m being cut off. We need to condemn land and start now. It would save some money. Tony Pitman: I live on 1325 W. Trucks have started coming down our road. We need the ordinance today. I would like to voice support and thanks in getting this ordinance. What is the time frame for the trucks to stop coming down our street? Mayor Wheelwright: it depends on the council tonight and postings. Collette Virgil: does the 30 mph start at Elberta Drive to the highway? CM Bailey: yes. CM Call: going east on Elberta is North Ogden. Paul Ellsworth: I inspected 4300 N today. I can no longer say it is safe. I would propose starting the 15 mph at 900 W. Maryann Smith: What about passing and at what speed limit? Joey Kuni: the posted speed limit is the same for passing. Mayor Wheelwright: there will be broken lines painted on 500 W when the weather permits. Bill Caron: is 500 W 30 mph going up? CM Humphreys: we talked about 30 mph for all vehicles. CM Call: it is not necessary to do that in this ordinance. Bill Caron: general enforcement on 500 W is a good idea. CM Humphreys: there is no passing for trucks and school buses going up and down the hill. CM Call: the ordinance is for any vehicle over 36,000 lbs. Cory Clark: my job is to make sure of the maintenance, parts, and weight. I am still in the process of being certified and working with another inspector. Out of 18 trucks, only four quailified and the others were taken out of service. I do all the federal inspections. It takes about an hour to inspect a truck and sometimes up to two hours. I can’t enforce state emissions. I do the inspections on any roadside. I have to have a reason to stop the trucks. I have portable scales. School buses and fire trucks are exempt from federal law. Jody Burnett: our authority to regulate truck traffic is limited. We need to do the best we can. We can’t restrict trucks from using our streets. Mae Ferguson: motor homes also have troubles at the turns. A resident asked if the stopping line can be higher up. Paul Ellsworth: it is restricted where the line can be at. Moving the line higher would cause a limited sight problem. Bill Caron: are there rights over the noise ordinance? Some trucks are noisier than others are. Cory Clark: I don’t cover decimal levels. Bill Caron: can we address it on a local level? Mayor Wheelwright: there is so little we have control over. Bill Caron: the ordinance is a good start and it will help. There were no further comments from the public.
Motion was made by CM Clifford to close the public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Motion was made by CM Call to approve an ordinance adopting amended traffic safety and vehicle weight regulations with corrections on section two and section three. 2nd by CM Bailey. Voting Aye: CM Humphreys, CM Bailey, CM Call, CM Clifford, and CM Ferguson. Motion passed.
Jody Burnett: to implement the ordinance it needs to be published/posted.
3. Consider granting a conditional use permit for blasting within Grand Legacy Phase 4 located approximately between 3925 N and 4050 N and between 325 W and 150 W. (Presenter: Bruce Talbot)
Mayor Wheelwright: I will acknowledge I have a petition with 49 signatures saying they support denial of the conditional use permit for reasons stated in the planning commission minutes. Bruce Talbot: this has been before the planning commission three times. There is a new study regarding the affects of blasting. Mayor Wheelwright: this is not a public hearing. The public hearing took place at the planning commission. Typically, public comments are not allowed. Mayor Wheelwright outlined the procedure for taking public comments and he would set aside approximately ten minutes for comments. He noted that the city council has all the minutes of the Planning Commission. Robert DeVries, with Randy Marriott Construction, Brett Alexander with Dynonobel, and Jo Palmer with DynoConsult presented and answered questions regarding blasting. The public was allowed to asked questions and make comments. Jody Burnett stated that conditional use permits are a land use tool and the State law stated that the permits shall be approve if conditions can be put on to it to mitigate the affects. The council discussed the conditions that should be put on the conditional use permit.
Motion was made by CM Call to approve a conditional use permit for blasting within Grand Legacy Phase 4 located approximately between 3925 N and 4050 N and between 325 W and 150 W with the following six conditions:
1. Randy Marriott Construction shall, at its sole cost and expense, provide a pre-blast survey for all structures located within the area as determined by the scaled distance formula.
2. Randy Marriott Construction shall notify the City and all property owners located within the scaled distance formula at least 48 hours prior to any blasting. In addition, Marriott Construction shall post notices at:
500 West and 4050 North,
500 West and 3950 North,
4050 North and 200 West.
3. Randy Marriott Construction shall monitor each blast with seismic sensors located at the closest structure. In addition, Randy Marriott Construction shall provide a courtesy inspection for concerned residents of rock outcroppings and similar features and shall place seismic sensors at any appropriate locations as identified in that survey.
4. City Public Works personnel or a representative from the City Engineer must be present for each blasting event to witness the blast and to document applicable data.
5. Randy Marriott Construction shall maintain its liability insurance coverage at or above the limits presented in the application and provide to the City copies of their explosives license.
6. Randy Marriott Construction shall prepare and submit a blasting plan prior to any blasting.
2nd by CM Clifford. Voting Aye: CM Humphreys, CM Call, and CM Clifford. Voting Nay: CM Ferguson, and CM Bailey. Motion passed.
4. Consider granting final subdivision approval to Glendale Subdivision located at approximately between 2950 N and 3050 N on 1000 W. (Presenter: Bruce Talbot)
Bruce Talbot: the type of turnaround is unusual (hammerhead turnaround). The two driveways at the end are being used as the emergency turnaround. Jody Anderson, Fire Marshal, said it was okay. It has the 50’ turnaround ability. CM Clifford: are wetlands a question? It was last fall. CM Bailey: will the improvements be underground? Bruce Talbot: the improvements within the subdivision will be underground and in front of the subdivision. The road is on the General Plan. There are no problems with the subdivision.
Motion was made by CM Bailey to grant final subdivision approval to Glendale Subdivision. 2nd by CM Call. Voting was unanimous in favor (CM Humphreys was absent from the discussion and didn’t vote because of his conflict of interest of being a developer in this subdivision)
5. Discuss the consideration of curbside recycling. (Presenter: Fred Hellstrom)
Additional information was presented to the council. The council asked that other cities that offer recycling with Weber County be contacted. It was staffs recommendation to continue with the recycling bins.
6. Discuss the consideration of accepting bankcards. Presenter: Debbie Jones)
Debbie Jones presented information on bankcards. Debbie Jones: there are a lot of requests to use a transaction card. The city would have to absorb the cost of the fee.
Motion was made by CM Bailey to authorize the staff to proceed with the purchase of the equipment. 2nd by CM Ferguson. Voting was unanimous in favor.
7. Award bid on the Storm Drain Piping project on 2550 N. (Presenter: Paul Ellsworth)
Paul Ellsworth referenced the engineer’s bid report. Paul Ellsworth: we need to finish the Storm Sewer Impact Study and authorize a partial award to ABCO until the study can be adopted.
Motion was made by CM Call to accept the bid and a partial award to ABCO as recommended in the engineer’s report. 2nd by CM Bailey. Voting was unanimous in favor.
8. Discuss construction management fees. (Presenter: Bruce Talbot)
The council reviewed the proposed construction fees as outline in the city engineer’s memorandum. CM Humphreys disclosed a conflict of interest that he is in the developing business and could be subject to it. The council didn’t like it. No action taken.
9. Consider acceptance of an Annexation Petition for further consideration and to begin certification and publishing of notices. Property located at the southwest corner of HWY 89 and 2700 N (Flemming’s property). (Presenter: Bruce Talbot)
Motion was made by CM Call to accept the Annexation Petition for further consideration and to begin certification and publishing of notices. 2nd by CM Bailey. Voting was unanimous in favor.
10. Closed meeting to discuss property acquisitions. (Presenter: Paul Ellsworth and Mike Humphreys)
Motion was made by CM Bailey to go into a closed meeting to discuss property acquisition. 2nd by CM Humphreys. Voting was unanimous in favor.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Bailey to end the closed meeting. 2nd by CM Ferguson. 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)
Mayor’s Report:
Mayor Wheelwright: At the WACOG meeting the mayors voted unanimously to support a $10 vehicle registration fee that will not be on the ballot and a ¼ of ¼-cent sales tax fee that will be on the ballot.
Other Business:
Adjournment: 11:40 P.M.
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