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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
January 23, 2007
MAYOR: Tim Wheelwright (absent during items #1-#2, #4-#8)
COUNCILMEMBERS: Kevin Bailey
Leonard Call (Mayor Pro Tem during Mayor’s absence)
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
Paul Ellsworth Fred Hellstrom
Joey Kuni
VISITORS: David Bruner James Bruner
Mike Gray Frank Maughan
Preston Allen Alec Holt
Joseph Steinfeldt Quinn Allen
Chase Anderson Kelton Christensen
Chandler Allen Robert Holt
Todd Erickson Larry Critchlow
Margaret Thinnes Maurice Thinnes
Mitch Thinnes Wallace Haun
Steve weaver Clair Knight
George Christopher Charlotte Christopher
John Hansen Jane Dame
Marijka Dame Emily Lee
Ann Arrington Kristen Norman
Jay Wells Dina Wells
Jeff Arrington Dick Lee
Darin Parke Cindy McCoy
Becky Mendenhall Nancy Jensen
Larry Jensen Levi Dame
Mikaela Frongner Gabe Frongner
Jaron Frongner Jennifer Frongner
Kelly Kap Destry Wride
Bill Caron Mike Caron
Jonathon Strokes Pan Andrews
Dick Andrews Bruce Jones
Heather Neilson Elise Foster
Dave Hulme Dee Hansen
Lew Swain Glen Lent
Flag Ceremony: Pack 415
Opening Prayer, Reading or Expression of Thought: Kevin Bailey
Comments or Questions for the Mayor and Council for items not on the agenda: Richard Lee submitted a draft letter to the council regarding the safety hazard at I-15 and 2700 N intersection.
Consent Items:
Motion was made by CM Bailey to approve the minutes of December 19, 2006 and January 9, 2007, the business licenses (S.V. Mechanical, Inc. and Mann Maid Cleaning), and the bills of Pleasant View City. 2nd by CM Ferguson. Voting was unanimous in favor.
Business:
1. Consider granting a waiver of the 40’ setback on 1100 W and 600 W to Country Fields Subdivision and Fox Meadows Subdivision. (Presenter: Bruce Talbot)
CM Call (Mayor Pro Tem): last meeting we approved an ordinance allowing us on a case-by-case basis, if the road is built out to the General Plan width, to grant a waiver to the setbacks. Bruce Talbot: Country Fields and Fox Meadows has asked for the waiver.
Motion was made by CM Clifford to grant a waiver of the 40’ setback on 1100 W and 600 W to Country Fields Subdivision and additions to Country Fields as long as the road is built to the General Plan road width and to Fox Meadows Subdivision. 2nd by CM Bailey. Voting Aye: CM Bailey, CM Call, CM Clifford and CM Ferguson. CM Humphreys abstained because he is involved in Fox Meadows subdivision.
2. Request approval to seek bids for information technology services. (Presenter: Laurie Hellstrom)
Motion was made by CM Bailey to approve the request to seek bids, following the evaluation of the system. 2nd by CM Ferguson. Voting was unanimous in favor.
3. Presentation, discussion, and/or action concerning a request from Pleasant View City to amend the Cooperative Agreement with UDOT, North Ogden, Pleasant View, Harrisville and Farr West concerning corridor preservation along 2700 N HWY 89. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: we have an agreement in place as of April 2006. It was to designate all access points on HWY 89 and 2700 N Corridors. There is flexibility to amend it as stated in the study. We have been making presentations to North Ogden City and Harrisville City. Next week we will meet with the mayor of Farrwest City. The two cities stated yes to amendment by motion. The developers of the area on 2700 N and Hwy 89 have done a traffic study and have given it to UDOT for a variance. They have conditional approval from UDOT, but the agreement has to be modified with the other cities. Mayor Wheelwright read the amendment to the study.
Motion was made by CM Call to approve the amendment as read. 2nd by CM Ferguson. Voting was unanimous in favor.
4. Consider granting final subdivision approval to Alder Creek Subdivision, property located at approximately between 4100 and 4300 North and between 500 and 900 West. (Presenter: Bruce Talbot)
Bruce Talbot reviewed the engineer’s report. CM Call read the planning commission minutes regarding the open space. CM Bailey: why would we disallow the required improvements on 900 W. We don’t for anyone else. If it is a subdivision, it needs improvements. CM Humphreys: it is important for the city to start thinking about sidewalks on 900 W. CM Bailey: what is the width there? CM Clifford: why is there a bite out of the area of the open space? Glen Lent: someone else owns two homes there. CM Call: the planning commission recommended to not take ownership of the open space. CM Bailey: I agree with the planning commission. CM Ferguson: why would we want it? CM Humphreys: there is the maintenance of it, and what if there was a fire, then what would we do. Glen Lent: we are giving three acres of open space. It is done so that the homeowner’s association has responsibility for it. The hardship would be to allow the general public there. There is a lot of wildlife habitat there. The open space will benefit the people that live around it. CM Humphreys: the reason for smaller lots is the open space. CM Call: the planning commission talked about an easement through the open space. Glen Lent: it is on there. The detention basin will be fenced and we will build a road to it and the city will have the lock to it. George Christopher: the open space is not usable. What is the purpose for it? CM Call: open space is different from parks. CM Clifford: the ordinance needs to be redone.
Motion was made by CM Clifford to grant subdivision approval to Alder Creek Subdivision contingent on the completion of the planning commission and engineering items, and require curb, gutter and sidewalk on 900 W. 2nd by CM Humphreys. Voting was unanimous in favor.
5. Consider granting final subdivision approval to Pleasant Fields Subdivision, property located at approximately between 1350 and 1500 West and between Pleasant View Drive and HWY 89. (Presenter: Bruce Talbot)
Bruce Talbot reviewed the engineer’s report.
Motion was made by CM Clifford to grant final subdivision approval to Pleasant Fields Subdivision contingent on the completion of items called out in the planning commission minutes and the engineer’s report. 2nd by Bailey. Voting was unanimous in favor.
6. Consider granting conditional final inspection and begin the two-year guarantee period to Shady Springs Subdivision, property located at approximately between 3000 N and Pleasant View Drive on 550 W. (Presenter: Bruce Talbot)
Bruce Talbot: there are three items listed in the engineer’s report. Paul Ellsworth: has the city received water shares for the park? Bruce Talbot: I don’t think we have. Paul Ellsworth: the agreement states that the fence issue with Thompson needs to be done to their desire. CM Bailey: I have talked to Jo Thompson today and there are still several issues that are clearly outlined in the development agreement. The city has no financial responsibility relative to the fence between the Thompson’s and the road. The agreement clearly outlines what must be completed prior to granting conditional acceptance and those requirements are not yet complete. Based on the development agreement we can’t grant acceptance.
Motion was made by CM Bailey to deny the request for final acceptance for Shady Springs. 2nd by CM Ferguson. Voting was unanimous in favor.
7. Public Hearing (continued from January 9, 2007) – Consider approval of an ordinance adopting amended traffic safety and vehicle weight regulations. (Presenters: Jody Burnett and Mike Houtz)
Motion was made by CM Humphreys to continue the public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Blake Garner: Interplan’s study quotes a previous report that the trucks shouldn’t pass through the city. Why allow trucks to go through residential when the study recommends not? It talks about a 13% grade and it increases damage to the road. Doesn’t the quarry have property that connects to Hwy 89? CM Humphreys: no. CM Bailey: we agree, but a judge says no way. CM Clifford: we need to provide a public road. CM Call explained the prior easement. Jay Wells: I live in Westview. There are big trucks in our subdivision that go to Hwy 89. I am not thrilled about it. CM Humphreys: in theory, the proposed ordinance will stop that. Jay Wells: those two need to work it out. Kristen Norman: I am concerned with children walking on Pleasant View Dr. between 750 W and 900 W. There are no sidewalks. It is dangerous. In the roundabout, one of the trucks smashed into me and Tower Sand and Gravel didn’t know who was driving the truck. It angers me. They take no responsibility for us. We should make it uncomfortable for them. We should make their lives miserable. CM Call: we can’t, but we can make it safe. CM Clifford: we can make sure we enforce the ordinance. Kristen Norman: they can pay $10 to Randy Marriott, but they go through our city at a cost of $30. They are paying an extra $20. CM Humphreys: it is more complicated than that. Kristen Norman: if they don’t obey the laws, then we need stiffer penalties. Bruce Jones: I suggest doing something more aggressive. According to the Clean Water Act, they need to keep the dirt off the road. You can track their trucks to Weber High School. The city is liable. There is a 12% grade on 500 W, all are okay, but the one that is not, what do they do? The city has to stop each truck. That is not harassment. Joey Kuni: according to the Federal Carrier Act, we can’t stop each truck. That is harassment. We are careful what trucks are inspected. My officer is out there every day. He has to do 32 inspections to become certified. CM Bailey: Scott Jackson has a report on what the officer has done. He has been very active. Bruce Jones: what can we do to accelerate checks on 500 W? Trucks come by my house at 6:00 in the morning. The city has not rolled out the red carpet. We need to have them think more about going west. CM Call: it’s not my desire to make it miserable, but to protect everyone’s rights. Safety is a paramount issue. I think we are doing all we can. The mayor is looking into a clean out area. They have rights. Don’t ask us to make their lives miserable. Bruce Jones: hold them to the letter of the law. They could go west tomorrow per Randy Marriott. Joey Kuni: they can’t carry material onto the roads. Becky Mendenhall and Cindy McCoy: in the 45 minutes of school crossing at Pleasant View Drive and 900 W, there were 22 trucks. Cory Clark is fantastic. He caught six speeders. We need to be safe. What can we do in the meantime to be safe? Paul Ellsworth mentioned cement barriers by the park where the kids walk. There are no sidewalks in Westview. There are none past 1100 West. Trucks can’t stop in time. I would like the gravel people to look at these kids. I want them to realize what they are doing. It wont’ be the truck’s fault if they hit a kid, but it will be the kid’s fault. CM Call: what can we do on Pleasant View Drive to make it safe? Sidewalks on Pleasant View Drive. Get a crossing guard at 750 W and Pleasant View Dr. Cement barriers by the park area. Paul Ellsworth needs to get cost estimates. Nancy Jensen: has anything been found out about the dust? CM Call: that is unrelated to passing of the ordinance. Nancy Jensen: we need to know what’s in the dust. I am not clear on the engine brakes. CM Call: engine brakes are allowed to be used. CM Bailey: all the trucks are suppose to shift in a low gear. CM Clifford: and a brake check. Nancy Jensen: they need to be intimidated. CM Humphreys: they have phone numbers and they need to be called. Nancy Jensen: is there anyway to space the trucks and start later than 6:00 in the morning? CM Call: maybe they need to slow down before 500 W on 4300 N. Nancy Jensen: can this burden be shared with 1100 W? CM Bailey: there is a provision in the ordinance that says we can change it. Nancy Jensen: we are told that all is against the law. CM Ferguson: you need to contact your legislators. CM Humphreys: the laws and courts have tied our hands. We are frustrated. Ron Horton: these things are a fact of life. Our options are limited. Have you considered and alternate route to share the pain? CM Call: we are actively seeking an alternate route. Jeff Arrington: can we ask the trucks to voluntarily stop travel at school times? CM Call: that was the original court challenge and we lost. Jeff Arrington: we need sidewalks and educate on walking. We need to increase the liability rates to the trucks by not allowing them to use engineer brakes on 500 W. We can push buttons by adding too much liability to their corporation. A time will come that the citizens will take charge. Larry Jensen: in the 70’s, the buses were not allowed to come up because it would ruin our roads. That was told to them by the city. The city is not getting money from the trucks. They make our lives miserable. Tower Sand and Gravel needs to clean 500 W. I can see down into the trucks. Their load are somewhat down from what they were a month ago and some are going slower. I would like to see a radar gun going up. Let’s share the burden with 900 W. Elise Foster: six years ago, I was involved in a community group (SICKLE). I want to start the group again. I have had two neighbors that had their homes hit by the trucks. There is not enough room to turn . The people at city hall are at risk. I think the city can do more to enforce the ordinance. They can regulate health, safety, and traffic. I keep hearing ‘constitutional rights’. Let’s exercise every level of power the city has. What is the status on Tower’s permit? Enforce the permit to the letter. Add a financial burden for use of the streets and make it easier for them to find another way. George Christopher: reduce speed on 4300 N at 900 W to 15 mph and up and down the hill. The gravel dust is affecting me and it’s on the streets. They turn the corner fast and then they try to stop at the brake stop. There is more vibration from the trucks coming up hill and then some can’t make it up.
Motion was made by CM Humphreys to continue the public hearing to the next city council meeting (February 13, 2007). 2nd by CM Bailey. Voting was unanimous in favor.
CM Clifford gave an overview of the pubic comments to the Mayor, who was now in attendance. Mayor Wheelwright: I have asked for a history to be completed in the next couple of weeks. Because of the weather, it is difficult to make sure the streets are clean. When the weather changes we will need to be more proactive. Mayor Wheelwright: there are open lawsuits. We have an excavation ordinance. There was a third party who was interested in the pit and they gave great input into the excavation ordinance. There are operators that are proactive. There was a deliberation by the Board of Adjustment that found it to be a prior non-conforming use which means they can use the property consistent on how it was used prior, but under the diminishing asset doctrine they have the right to extract as quick as they can. We have a party that has taken it to the extremes. We are in the process to determine what they think they are subject to or not, but it all goes back to the prior non-conforming use. The city may pick that fight. That is the dynamic that affect what we are doing. Mayor Wheelwright: they got the contract with commuter rail about the same time as the westerly access was closed which increased the flow of traffic. We have submitted plans for federal funding. We have tried to get a meeting with commuter rail to let them know of the unfair share of the building of the rail and paying toll. We could be exploring grants more fully. You have other elected officials. Turn up the volume. Mike Caron: I was a lobbyist and one phone call was estimated to equal 100 people.
8. Budget items.
a. Quarterly review of the current year budget.
b. Review the impact fees.
c. Projects updates. (Presenters: Paul Ellsworth, Fred Hellstrom, Laurie Hellstrom, and Scott Jackson)
Laurie Hellstrom reviewed the quarterly budget and the impact study dates and future dates for revised studies. Paul Ellsworth gave an update on parks and street projects. Fred Hellstrom gave an update on the water reservoir. CM Clifford: we need to begin open space land purchase. Paul Ellsworth: I have a deal. It will be discussed in a closed meeting.
9. Approve a resolution setting the thresholds for capitalization and inventory of assets. (Presenter: Laurie Hellstrom)
Motion was made by CM Clifford to approve a resolution setting the thresholds for capitalization and inventory of assets (Resolution 2007-B). 2nd by CM Humphreys. Roll Call Vote. Voting Aye: CM Ferguson, CM Clifford, CM Call, CM Bailey, and CM Humphreys. Motion passed.
10. Consider an ordinance eliminating the no hunting zones and allow the State Statutes to prevail. (Presenter: Kevin Bailey)
CM Bailey: this will bring the city inline with the State Code.
Motion was made by CM Clifford to adopt an ordinance eliminating the no hunting zones and allow the State Statutes to control as amended (Ordinance 2007-2). 2nd by CM Humphreys. Roll Call Vote. Voting Aye: CM Bailey, CM Call, CM Clifford, CM Ferguson, and CM Humphreys. Motion passed.
Maurice Thinnes asked if the state regulations could be posted in the City.
11. Approval of the storm water Pipeline Crossing Agreement between Union Pacific Railroad and Pleasant View City and the associated fees and documentation. (Presenter: Paul Ellsworth)
Motion was made by CM Humphreys to approve the storm water Pipeline Crossing Agreement between Union Pacific Railroad and Pleasant View City and the associated fees and documentation. 2nd by CM Call. Voting was unanimous in favor.
12. Report on cost sharing for the Betterments at the light rail. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: we had a meeting with other entities on cost sharing for the betterment at the light rail. All in attendance agreed to pay a share. Would the council agree to pay the city’s share from the general fund and not do fund raising on this phase of the project. The council agreed.
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)
None
Mayor’s Report:
Mayor Wheelwright: 500 W will be stripped with a white hashed line and moved it to the east. CM Humphreys has been working on an alternate temporary route all within the city.
Other Business:
CM Bailey: is the building going to be rented out? Mayor Wheelwright: we have discussed it in staff meeting. We will have a proposal to the council.
CM Bailey: we promised Joe Thompson that 10’ would be deeded to her if the road goes through. Mayor Wheelwright: we presented her a deed. CM Bailey: she has a plan for the gate and Paul Ellsworth promised to help her do that. She also stated that the irrigation box was filled with cement. Paul Ellsworth: she has no water shares. Mayor Wheelwright: she has no legal rights to the water.
Adjournment: 10:05 P.M.
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