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

February 26, 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
Garth Day

VISITORS: Clair Knight W.R. Christiansen
Stan Weeks David Marsh
Fritz Menning Jill Mitton
John Hansen Terri Stephenson

Pledge of Allegiance: Scott Boehme
Opening Prayer, Reading or Expression of Thought: Scott Boehme
Comments or Questions for the Mayor and Council for items not on the agenda.
Wm Christiansen: there are more things that can’t be put in the recycling can that can. I want my recycling can and my neighbor’s cans removed. Where do I put them? Why do people not have a choice to get them? Mayor Clifford: they accept the same things that the recycling bins do. Scott Boehme: it is the same list as Ogden City’s recycling list. Mayor Clifford: there was a public hearing and there were several meetings on recycling. The city council voted to have a city-wide program. Wm Christiansen: Come get the can. I don’t want to recycle. Do I own the can? CM Ferguson: there will still be a charge. CM Hjorten: you don’t own the can.
Stan Weeks: the can color is awful. There should be an option to opt out. There should be a size to pick from. I prefer to donate to recycling programs and they get paid for it. You will find that recycling is not a good option. Environmentalism is bogus. I don’t need it. I don’t want to store city equipment on my land. CM Hjorten: the size of the cans is a mechanical feature. What charities collect recyclables? Stan Weeks: scout groups. Frank Smeading: the size of the container is an issue. A lot of people recycle their own way. Mayor Clifford: we will revisit this with the council.

Consent Items:
Motion was made by CM Boehme to accept the consent items (business licenses to: Robert Horspool for yard care/snow removal, Dean Feyereisen for an electrical contractor, and Stephen Funk for computer programming and the minutes of January 8, 2008 (open and closed), January 22, 2008 (open and closed), and February 12, 2008). 2nd by CM Ferguson. Voting Ayes: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Business:
1. Economic Development training. (Presenter: Garth Day)
Garth Day gave a presentation on economic development, incentive policy, the tools available and how they are used, the need to create a plan to work with the landowners in the EDA area, creating a plan EDCU, and a plan for the retail area on 2700 N.

2. Final plat approval for Country Fields Phase 3 Subdivision located at approximately 1100 West 3100 North for a residential development. (Presenter: Bruce Talbot)
Bruce Talbot: this is phase 3. It is clean. There is one more phase before it connects to Mt. Orchard Drive. John Hansen: I am concerned with recouping funds for the access road we provided to Mr. Hamblin. After it is recorded there will be no way to recoup us for that. Can approval be subject to payment or can you legally not give him approval? CM Humphreys: Mt. Orchard road is on the master plan. We have made other developers put in more roads than what is on the master plan. The planning commission sets roads for future development. Bruce Talbot: the ordinance says they need to provide appropriate access to adjacent property. CM Humphreys: only one access to that property is not unreasonable. Bruce Talbot: UDOT has limited accesses on HWY 89 and this property doesn’t have access. We don’t allow holding strips. When the subdivision is recorded there will be access to the public roads. The city council said that Mr. Hansen will provide the access and Mr. Hamblin will buy the access. John Hansen: we gave a sewer access also. The council discussed types of agreements. CM Walker: I don’t want the city in the middle of a potential dispute between two private parties. The city has the right to require a street, whether or not you get reimbursed. We could continue this until we see some kind of agreement. John Hansen: strike this off your books. It will be between me and the property owner. I’m willing to take my chances with Mr. Hamblin. You may not have the mechanics to do something. CM Clifford: in the records, that property owner said he would reimburse for the access, if push comes to shove. You have an agreement.
Motion was made by CM Boehme to grant final plat approval for Country Fields Phase 3 Subdivision contingent on staff notes with the exception of #2 of the General Items of the City Engineer’s memorandum dated February 21, 2008, based on a general agreement recorded in the minutes between the two parties. 2nd by CM Hjorten. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.

3. Amendment to an existing Conditional Use Permit for Haul-A-Day Concrete and Yard Materials located at 920 W 2550 N (Presenter: Bruce Talbot)
Bruce Talbot: the proposed new building was moved to the north. There is not a problem with the location, but the size of the building (40’ X 50’). They lost property on 2550 N due to the dedication of property to the city. The current design standards don’t allow metal facades. This is designed as a commercial area not industrial. Dave Marsh: I had previously talked about stepping stones and grade rings. The original building was 15’ X 30’. We lost 27 feet of property and there was not enough room for storage. It’s a seasonal business and we can increase gross sales with inside work and make it a year round business. We upped the size of the building to 40’ x 50’. We already purchased the building. We have other property and we can move it to another city. I would like to keep it with this property. We have a building with a cover. That is the reason for the height. You can’t see it from 2700 N. The iron fence belonging to the storage units aren’t a nice thing there. We dressed up our office building. If the metal building is not allowed, it will not be feasible. We would like to set it back 2 feet from the property line, not 10 feet. The water shed will come off our roof onto our property. It sits 600 feet from 2700 N. 100% masonry is harsh. It will be more pleasing to have our equipment inside and it could be a year round business. Table this and drive down there and look. CM Hjorten: have you seen what staff recommends? Dave Marsh: no. CM Boehme: I was on the planning commission when the conditional use was granted and it was a stretched to fit this use there and it was told that there should be no manufacturing, only cement that would be brought in and mixed. I am nervous about that end of it. Dave Marsh: I talked about stepping stones then. CM Walker: I was on the planning commission and I voted no. I’m hearing manufacturing and this is a C-2, commercial zone. CM Boehme: I thought you were selling stepping stones, not manufacturing them. Dave Marsh: can we have the building to store equipment and not pour anything there? CM Boehme: I’m not opposed to a facility like that, but the design façade. Mayor Clifford: the design standards have not been passed. Bruce Talbot: it is okay for cities to hold to standards not adopted as long as they are in the process of adoption. We have been working on them months before. CM Hjorten: the difference between metal buildings and other material, is that metal is a good material, but not attractive. We need to be careful in that area. I’m in favor of people working and sales tax. Dave Marsh: I thought Pleasant View City would be more pro-business. It has been an uphill battle ever since it begun. Every business gets run out. You have been against this business from the beginning and I’m back here on everything we do. CM Hjorten: the planning commission was trying to find ways to make it work. Mayor Clifford: C-2 is not an industrial zone. It was stretch for your project, but it was approved and now it’s moving into the manufacturing of products. Dave Marsh: from today forward it will be moved out. Stan Weeks: we have a city council and planning commission that doesn’t know what it is all about. Hardware sales also assemble apparatuses. This is not an activity that creates a nuisance. You people don’t want anything to work. Pleasant View City is the worst I have seen to work with people. CM Walker: the problem is what he is applying for light manufacturing. Dave Marsh: I’ll move to another city. How aesthetically pleasing are storage sheds? You are anti-business. Pleasant View City has the worst reputation for anti-business. Bruce Talbot: in determining uses I look at what is the principal component of the business. CM Hjorten: you could say that a fast food business is manufacturing. Mayor Clifford: if we drive to the facility, what would you expect to see; dirt, stone, yard material? Is a steel building out of place? CM Humphreys: when this was approved, I thought it would be similar to Save-more on 12th Street. It is better to have it in a building. CM Boehme: I don’t have a problem with the building, but the required design guidelines for this. Mayor Clifford: when this was bought off, this was going to be consistent with what is there. A metal building with brick is consistent.
Motion was made by CM Hjorten that due to the distant from 2700 N, being compatible with the approved conditional use permit, and consideration that it is not manufacturing but the assembly of material, I would approve the amendment to the conditional use permit to allow a 40’ X 50’ building with the approximate height of 28 feet with three sides of the building with 4 feet in height of brick/stone façade, Harris stone is okay, and the setback can be as close as 2 feet from the property line. 2nd by CM Humphreys. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Voting Nay: CM Walker. Motion passed.
David Marsh: can I assemble/manufacture those items. City Council stated yes.

4. Further review of the proposed Subdivision Ordinance.
The subdivision ordinance was discussed. Bruce Talbot was asked to create a subdivider handbook to go along with the ordinance.

5. Emergency plan review. (Presenter: Tim Hjorten)
CM Hjorten and Jill Mitton presented information on emergency planning.

Report on prior actions: The council reviewed prior actions with follow-ups.

Other Business:
Mayor Clifford: everyone got a copy of Notice of Claim from M&M Storage on an easement.

Scott Jackson: the police department received a $7,500 equipment grant.

CM Hjorten: Harrisville’s Mayor invited the council to attend their meeting March 4th regarding a North View Fire presentation.

Adjournment: 10:05 P.M.