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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
February 12, 2008
The public meeting was held in the city office at 520 West Elberta Dr. in Pleasant View, Utah, commencing at 6:00 P.M.
MAYOR: Doug Clifford
COUNCILMEMBERS:
Scott Boehme
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker
STAFF:
Laurie Hellstrom
Bruce Talbot
Scott Jackson
Paul Ellsworth
Jody Burnett
Mike Houtz
VISITORS: Ruth Christofferson, Bob Christofferson,
Wallace Haun, Clair Knight, Brad Parker, Becky Parker,
Dick Lee, Kelsey Broad, Terri Stephenson, Sam Klemm,
Garth Day
Pledge of Allegiance: Todd Walker
Opening Prayer, Reading or Expression of Thought: Todd Walker
Comments or Questions for the Mayor and Council for items not on the agenda.
Wallace Haun presented information on the North View Senior Center and its board members. He asked that their monthly bulletin be posted in more places.
Consent Items:
Motion was made by CM Ferguson to accept the consent items (business licenses to: James Litalien to sell cleaning supplies to Hill AFB, Chance Wilcox for a framing business, Daniel Snow for E-bay sales, and Nancy and Mohammed El-sayed for a property management business and the bills of the bills of Pleasant View City). 2nd by CM Boehme. Voting Ayes: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Business:
1. Determine whether to grant the request for disconnection for property located at approximately north of 4300 N and between 1200 W and 1500 W, also referred to as Towers Sand & Gravel.
Mayor Clifford: on January 22, 2008 the disconnection request was brought before the city council by the parties concerned, Towers Sand and Gravel. Presentations were made. At the end of the presentations the council moved to take it under advisement and put the issue back on today’s agenda to take action. All the council should have received the information. Jody Burnett: in addition to the presentation material from January 22, 2008, you also received a letter from Mr. Chambers dated February 1, 2008 that should also be a part of the record and the proposed findings from Mr. Houtz. Let me comment briefly on Mr. Chambers' letter because I agree that this is not a land use decision. It is still good to make findings in support of a decision so the court will know the reasons for your decision in the event there is a petition with the district court. As your counsel, I would recommend that you make findings on whatever decision you are going make. CM Hjorten: Mr. Chambers states in their letter that formal findings are binding on a court. Is that correct? Jody Burnett: no, he intends to say the opposite. What he is trying to analyze for instance; if we were making a decision on a conditional use permit and to make some finding to approve or deny the conditional use permit that type of land use decision would be limited to the review of the record to determine if there was sufficient basis or substantial evidence to support your position and they would not take any new evidence. Mr. Chambers is correct there will be a court hearing; the judge will make his or her own determination with respect to the issues and those kind of findings aren’t binding on the court. It is still helpful to the court to understand your reason for your decision. Mayor Clifford: we also have a letter from Mr. Houtz with a list of five items of discussion. CM Hjorten: if a disconnect was granted and five/ten years down the road they petition to be re-annexed into the city, would they be subject to our current (current at the time they petition) zoning ordinances and land use ordinances? Jody Burnett: yes. Any application will be subject to those ordinances in place at the time of the application. CM Hjorten: if they de-annex from the city will they be subject to Weber County’s current ordinance? Jody Burnett: yes. CM Boehme: if they de-annex and then came back into the city would they still be a non-conforming use? Jody Burnett: yes. A non-conforming use runs with the land. Whether the property was disconnected or put into another jurisdiction the non-conforming use issue would be handled separately. CM Hjorten: would they still be subject to our current ordinance for sand and gravel operations? Jody Burnett: I have filed a lawsuit on your behave seeking a declaratory judgement from the court that, although we recognize their status as a lawful prior non-conforming use, we still believe they are subject to reasonable regulations under your current excavation ordinance. So yes, that is the correct position, but to get that resolved we have asked the court to assist us. The county also has rules that govern sand and gravel operations and that fundamental dispute will be true whether they are in the city or the county. CM Ferguson: from my understanding, the county feels that they don’t have anyway to help them or supply needs to them, other than come through the city to get to them. Jody Burnett: that is what the county indicated to you in their letter submitted on their behalf. CM Hjorten: it was stated that there is a limited amount of service that is provided. There is no water, no sewer, and police protection is needed, but infrequent. There is not much change if they went with the county. Jody Burnett: the county’s focus was more on potential future development of the property. CM Hjorten: I am concern with the slop ordinance and rehabilitation of the area and what is going to happen when they are done. Mayor Clifford: the county has an excavation ordinance that has those in them, but whether they will be subject to the county’s ordinance is also left to be an exercise to the student. Their position would be that they would not be subject because of prior views. CM Hjorten: there was a question on the definition of peninsula. Do you know what that was? Jody Burnett: I think that his position may have been creating a new peninsula as opposed to leaving a peninsula. I don’t recall for sure. Mayor Clifford: the current city boundaries would not create a peninsula. We agreed to that, but if we went through with annexation plans we have they would be an island. Mayor Clifford briefly covered the five items in Mike Houtz’s letter. CM Hjorten: Mike Houtz’s first item ‘the affect on the community as a whole’ the last sentence of the second paragraph, the city finds that it would better for one entity to balance the interest of all parties. I believe that is correct. I think the city is in a better position therefore those that are operating that facility as well as adjacent and future landowners, I think the city is in the best position to be fair and balance the interest of all. It is interesting to me as I read; the same regulations would apply in the city or county for them. I am not sure what benefit it is to them to go to the county. Mayor Clifford: it not a financial issue. CM Boehme: the petitioners brought up that they were paying some taxes to Pleasant View City. Did we find out if that was true? Mayor Clifford: the information that was in the letter from Mr. Brenchley was probably correct. CM Hjorten: the petitioners looks like they have complied with Utah Code in making this application and the city has applied with the law in respond to it. CM Walker: if you continue in a single course of action without any attempt to change, it is unreasonable to expect a different outcome. These lawsuits with this business, I see us continually spinning our wheels and getting nowhere. It seems there should be other ways to resolve these issues other than fighting it out in court. I don’t see their petition to de-annex from the city as the answer. I agree with the findings of our attorney that it is not an appropriate thing to do. Motion was made by CM Hjorten to deny the request for de-annexation for the property known as Tower Sand and Gravel based on the following: the balance of the interest of current and future property owners would be best served by the city. Development will take place in a future time but it will surround this property and the city would be best able to provide services to that development. Weber County has expressed their inability to provide residential type services that are needed for future development and Pleasant View has the ability to provide that. And include the five findings provide by Attorney Mike Houtz. 2nd by CM Humphreys. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
2. Wasatch Front Regional Council – Presentation on who they are in relation to Pleasant View City. (Presenter: Sam Klemm)
Sam Klemm with Wasatch Front Regional Council gave a presentation on its members, transportation plan, and projects. No action taken.
3. Ratify decision on the speed limit on Pleasant View Drive and on 500 West (from the December 11, 2007 City Council Meeting)
Mayor Clifford: this issue comes from the December 11, 2007 City Council Meeting where an action was taken based on a mistake in Interplan’s study. The city council changed the speed limit on Pleasant View Drive at 1200 W to the west end to 40 MPH for cars and kept 30 MPH for trucks. The city council, along with the police chief, discussed speed limits.
Motion was made by CM Humphreys to change the speed limit to 35 MPH on Pleasant View Drive from the eastern boundary to the western boundary, except 30 MPH from the roundabout to 1100 West. 2nd by CM Ferguson. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
4. Public Hearing - Plat amendment for Hollies Subdivision located on 850 W and Pleasant View Drive. (Presenter: Bruce Talbot)
Motion was made by CM Boehme to go into a public hearing for a plat amendment for Hollies Subdivision. 2nd by CM Humphreys. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Bruce Talbot: this is a simple plat amendment. There is a detention basin on lot 3 for the three lot subdivision. Since then Fox Hollow came in and they can tie into their basin so there is no need for this basin. Mayor Clifford asked for comments from the public. None were given.
Motion was made by CM Ferguson to end the public hearing. 2nd by Hjorten. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
CM Humphreys: it is a good idea to abandon the basin. The inlet box needs to be removed. Paul Ellsworth: it will be plugged with concrete.
Motion was made by CM Boehme to grant the plat amendment to Hollies Subdivision. 2nd by CM Hjorten. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
5. Budget items:
a. Quarterly review of the current year budget.
b. Project updates (Presenter: Department Heads)
c. Review the consolidated fee schedule
Laurie Hellstrom reviewed the half year budget with the council and the fee schedule with proposed changes that will be reviewed during the budget process. Paul Ellsworth updated the council on his projects. No action taken.
6. Consider adding a resource for economic development. (Presenter: Mayor Clifford)
Mayor Clifford presented the name of Garth Day for consideration to hire for an economic development consultant. Mayor Clifford provided a letter to the City Council dated 2-6-08, Garth Day’s resume, a proposed contract for employment. Mayor Clifford: we need this energy and there is a lot that needs to be done to get it visible. EDCU is interested in Pleasant View. I would like this contract to begin as soon as possible. CM Hjorten: time and travel should begin at the place of employment. CM Boehme: do you feel he has sufficient time to work for us? A lot can’t be done in the evening. Mayor Clifford: he doesn’t have office hours. CM Walker: was this the only person you looked at? Mayor Clifford: yes, on a part-time basis. CM Ferguson: is there a trial period to prove him? Mayor Clifford: he is on contract and is subject to those terms. CM Humphreys: Mayor Clifford would keep a watchful eye over him. Mayor Clifford: Garth Day has a positive relationship with EDCU and I trust them. CM Humphreys: I have worked with him in the past. CM Boehme: we need to do something. CM Ferguson: I wish we would have had longer than 15 minutes to meet with him. CM Boehme: I would ask that he report his monthly activity, hours, and what was accomplished. And set an upper limit of hours and if he goes beyond that he needs approval. CM Humphreys: he would be the same as the engineer and attorney. CM Boehme: but we know the things that we ask them to do. Mayor Clifford: I will authorize all hours. CM Hjorten: what are the performance criteria? They should be included in the contract and report to the city council periodically or a written report. CM Ferguson: I would like to continue this to the next meeting and have him come back so that we can collectively talk with him. Mayor Clifford: I have him booked up with a couple of meetings. CM Humphreys: he is on a contract. He can be fired without giving 30 days notice. CM Ferguson: it says in the agreement a 30 days notice is required. Mayor Clifford: assignment would not be given in that case. CM Walker: I can see double dipping with Cache County. Mayor Clifford: I need a letter from Cache County. I would propose a conditional approval of the position with some conditions to work on. I want to move forward.
Motion was made by CM Humphreys to hire Garth Day on a contract basis with the condition that the contact be refined by the Mayor. 2nd by CM Hjorten. Voting Aye: CM Boehme, CM Hjorten, CM Walker, and CM Humphreys. Abstained Vote: CM Ferguson. Motion passed.
7. Consider utilities write-off’s in the amount of $81.29. (Presenter: Laurie Hellstrom)
Motion was made by CM Boehme to write-off an uncollectible amount of $28.70 (account #9.0200.2). 2nd by CM Ferguson. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
8. Open and public meeting training (45 minutes)
The council viewed the DVD on Open & Public Meetings Training from the Utah League of Cities and Towns.
9. Present for review the proposed Subdivision Ordinance. (Presenter: Bruce Talbot)
Bruce Talbot gave an overview of the Subdivision Ordinance. A public hearing will be scheduled March 11, 2008 and to be finalized on March 26, 2008.
Report on prior actions: The council reviewed prior actions with follow-ups.
Other Business:
Adjournment: 10:10 P.M.
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