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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
January 9, 2007
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
Paul Ellsworth Scott Jackson
VISITORS: Shelly Rovira Ron Federly
Pat Federly Maurice Thinnes
Margaret Thinnes Clair Knight
Steven Barker Michelle Barker
Tim Healy John Hansen
Scott Christensen Philip Sauvageau
Steven Mechan Mike Caron
Bill Caron Nancy Jensen
Larry Jensen Brenda Medsker
Becky Mendenhall Cindy McCoy
Mary Taylor Ron Taylor
Louise Horton Ron Horton
Robert Hooper Heather Neilson
Paul Neilson Greg Schaffer
Dave Hulme Larry C.
Jody Lunt Warran Christensen
Larry Call Brandon Bott
Marilyn Christensen
Flag Ceremony: Pack 415
Opening Prayer, Reading or Expression of Thought: Mae Ferguson
Comments or Questions for the Mayor and Council for items not on the agenda: None
Consent Items:
Motion was made by CM Humphreys to approve the business licenses (Hatch Lighting, Intermountain Security Solutions, and W.B.Trucking, LLC). 2nd by CM Bailey. Voting was unanimous in favor.
Business:
1. Public Hearing – 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 go into a public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Mayor Wheelwright: we have been advised to proceed with tonight’s public hearing, take public comment, and leave the public hearing open. The next meeting will likely be January 23rd. We need public input. We are trying to organize a meeting January 22 with the gravel pit operators relating to the ordinance and to maintain an open dialog to express what we are being subjected to as a city. This is the number one issue that we are dealing with. This is taking so much time and energy. I am doing all that I can do. We are doing something. This will allow more time to add the input from the public hearing. 900 W and 500 W are the current options and 500 W is the route being considered in the ordinance. We are dealing with the route to the highway. 500 W to Elberta Drive to Pleasant View Drive and then to the highway is the proposed route. There is no coming down 600 W, 1000 W, Westview’s road, and Country Field’s road. The proposed truck speed on Pleasant View Drive at 1100 W currently changes from 30 mph to 40 mph and the proposal is 30 mph the whole distance. 500 W going up hill is 30 mph and trucks are required to go a lesser speed. We have talked about re-stripping the road with no passing and no parking on 500 W. That is the update on the ordinance. Other information: we have a fulltime officer dedicated to heavy trucks. He has been productive in service and I feel good in what the city is doing to enforce the ordinance. We are putting ourselves in the best position to enforce the laws. We are applying for federal funding to build a permanent route on 4300 N (Skyline Dr). We are trying to refine the concept plan and secure funding. Federal funding is expensive. There is a 6.77% match and the cost to build the road is $21,000,000, a substantial amount. The federal funds don’t include utilities. We would have to find funding to install those utilities. There is a lot of competition for those funds. We are trying to make the best case we can for funding. We have checked into state and county funding. We had a lunch meeting with elected officials. Kerry Gibson attended the meeting, but not Alan Christensen. North Ogden City and Pleasant View City representatives where there. We don’t’ have the funds to purchase the road by eminent domain. For example, if our cost to bond were $5,000,000, the annual payment would be approximately $350,000 to $375,000. We raised $170,000 at the last tax increase. If we bonded our tax increase would double, just to give you an idea. I am optimist. They didn’t make any promises. If there were the right conditions it could happen. There is hope, but it is small. Our community needs to educate our elected official and others. We need to hear the concerns, but other elected officials need to hear it and hold their feet to the fire as with ours. We are trying to find funds and an alternate route, both temporary and permanent. If we had a temporary access before March, the pressure would be taken off. Much is beyond our control and we ask for cooperation and for the operators to rise above their own self-interest and solve this problem. I hope this overview has been helpful. I invite the public to come forward. Nancy Jensen: will the reduced 15 mph speed limit start at the top of the hill? Mayor Wheelwright: yes. The public works department has already purchases signage. Nancy Jensen: why is 1100 W not being considered? Mayor Wheelwright: there is no road there. This city council can designate other routes, as they are made available. Nancy Jensen: dust is a health issue. Mayor Wheelwright: it is regulated by the state. A complaint has been filed with the State to investigate. The amount of debris on roads is a concern. We will address this with operators for them to keep clean roads and have protective measures in place. A clean off area is being suggested to the operators. Nancy Jensen: my neighbors were not aware of this hearing. Mayor Wheelwright: the notice was published in the newspaper. The public hearing will be left open and you can talk to your neighbors. Ron Federly: can you clarify Section 3. Mayor Wheelwright: there could be local deliveries on those streets, if so they go 15 mph. Ron Federly: I live on 750 W on Pleasant View Drive and there is no need for exhaust brakes there. They are arbitrarily using their brakes. Mayor Wheelwright: we will address that. Cindy McCoy: Becky Mendenhall and I are crossing guards on 900 W and Pleasant View Drive. The trucks are coming by at school time hours. In fifteen minutes there were sixteen trucks. There is a concern when school is letting out. The trucks don’t have time to look and stop if children run in front of a truck. Becky Mendenhall: we see that all the time. The trucks are going fast and they are too heavy. Cindy McCoy: there is also a concern with passing on Pleasant View Drive going east. There is not curb and gutter and the kids walk along there. Mayor Wheelwright: we need to post Cory there at the school zones. Scott Jackson: we have only so many officers. Paul Ellsworth: we could put a jersey barrier along there. Tim Healy asked about the weight of the vehicle and its affect on the roads and the proposed GVW of 36,000 lbs. Mayor Wheelwright: our ordinance is currently states 43,000 GVW. CM Clifford: 36,000 GVW is a minimum and will put you in a category of the ordinance. Tim Healy: it’s a matter of law enforcement. Trucks are going out into the other lane of traffic on Elberta Drive. It’s a violation and should be subject to ticketing. Scott Jackson: imagine if a large motor home was driving on any street and if they can’t make the turn it requires in the safest manner possible even if it pulls in other traffic land to make the turn it is not ticketable because it is a legal vehicle or the city could spend money to fix/widen the roadway. Tim Healy: trucks are longer with tandems and travel with more risk and there is a constant stream of them. Scott Jackson: it is a legal vehicle operation on the city streets. Larry Jensen: do the gravel owners have to pay a user tax to use 500 W? Mayor Wheelwright: no. It would be a discrimination of taxation. We don’t tax other residents for the use of the road. Larry Jensen: do they pay a truck tax? CM Humphreys: a state tax. Larry Jensen: is it not enough to build the road? Mayor Wheelwright: we have designated 500 W. Larry Jensen: why? Mayor Wheelwright: the city has to provide a public access to any vehicle licensed in the state. The geography kills us. We only have 900 W and 500 W and the third route crosses private property. Larry Jensen: the gravel pit operator doesn’t want to put in. Mayor Wheelwright: there are two operators out there and both don’t like each other. Larry Jensen: it will only help if someone is killed. CM Humphreys: that won’t help. Larry Jensen: they are seeking the almighty dollar. What about the noise. Mayor Wheelwright: there are two ordinances. There is the excavation ordinance, which the gravel operator is subject to every term. They think that they are not subject to those regulations for the most part. The gravel pit operators need to respect the other neighbors and the Pleasant View residents. Larry Jensen: dirt is going into our house with a lot of salt in it, which is not good. I hope you can do something for us, only if the two characters could get together. Scott Jackson: the city tried to restrict the time of operation and was ordered by a judge that we couldn’t do that. Mayor Wheelwright: the injunction is still in place. Mary Taylor: we appreciate your hard work with this hard issue. We are concern with safety issues. Restricted vehicles are coming down through city center, by the high school, and along Pleasant View Dr. They have come by at 5:00 in the morning. It’s hard to make the turn (around the roundabout) and it’s dangerous. A lot of times, they are going fast and little children come by with no sidewalks available. If a child were to fall off a bike the truck could in no way stop. Money being the issue, there is no compensation for a life. You are jeopardizing our city. The noise and dust are no big deals. It’s ludicrous for you to put big trucks there. It affects all the city. They only care what goes in their pocket. Our city is called Pleasant View, but it is not called Pleasant View anymore. We are known as the trucker city. There needs to be a loophole and a compromise between those men. The value of homes is going down. Ron Taylor: I would recommend a mandatory 15 mph in the roundabout and post that the roundabout is coming with a yield sign. The impact fees don’t pay for the upkeep of improvements. I can see there being those that will benefit from the road if we put it in. I would like to see those standing to gain from it help us. We can work together. Louise Horton: Pleasant View Drive is the narrowest road with no sidewalks, curb and gutter. There are five bus routes along it. We dodge cars on Pleasant View Drive. You need to go for a walk with us at 7:30 A.M. Are we going to get a sidewalk? Ron Horton: it was a problem when I was in office. I didn’t address it and didn’t perceive the problem. I’m not happy with the decision for the trucks to go out my way, yet I feel for you and thank you. Do what you can, but in the meantime, I’m upset. Paul Nelson: it takes twice as long to stop while going 40 mph than 30 mph. Bob Hooper: we need to reconsider restripping 500 W without creating blind sites. Mike Caron: If they are not allowed to pass then it is not necessary for no parking on 500 W. Mayor Wheelwright: with the conditions being right to secure funding I would like to retract feeling comfortable with it. We need to go to the next step and educate our state and county elected officers. We have decisions makers in the right positions to make our argument and we need to educate them on what we are facing. CM Clifford: from the luncheon meeting on the Skyline Drive issue there is a low probability for funding. Box Elder County has no interest in it and they will not benefit at all. It would have to be done with federal or state funding. We need to look at options within the city. We can’t condemn in another county. Mary Taylor: let’s have an old barn rising and get the community together. Mayor Wheelwright: some of the property is even in Weber County, which we can’t condemn. Mayor Wheelwright: This will be back on the agenda January 23, 2007 at 6:00 P.M. We ask you to invite neighbors and to address the council.
Motion was made by CM Clifford to continue the public hearing to the January 23, 2007 City Council Meeting. 2nd by CM Humphreys. Voting was unanimous in favor.
2. Public Hearing – Consider budget amendments to the building inspection and planning departments and the revenue from building fees and the Equipment Replacement Fund. (Presenters: Laurie Hellstrom and Bruce Talbot)
Motion was made by CM Bailey to open the public hearing. 2nd by CM Ferguson. Voting was unanimous in favor.
Laurie Hellstrom reviewed the resolution. Some of the council thought that maybe the travel reimbursement was too much. Mayor Wheelwright: not per staff. The fees received are more than the cost of service he provides. Any public comments? None were given.
Motion was made by CM Call to close the public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Motion was made by CM Clifford to accept the resolution as indicated with a wording modification (Resolution 2007-A). 2nd by CM Call. Voting was unanimous in favor.
3. Betterment Committee update on the UTA Commuter Rail Station. (Presenters: Jodi Lunt and UTA)
Mayor Wheelwright: the most northern station will be in Pleasant View City. The betterments are upgrades to the station. The city doesn’t have to maintain them but participate in the betterments. A committee was appointed to make recommendation. A proposed agreement was also presented from UTA. Brandon Bott with UTA and Jody Lunt gave a presentation on the betterments for the light rail. Phase I improvement options totaled approximately $41,000 over UTA’s standard station. Examples of the improvements were stonework and bench changes. Phase 2 will be the arts, track, and park and ride. Mayor Wheelwright: many communities will be served by this station. We are reaching out to those communities for participation in the work. A cost sharing report on the work will be given at the next meeting. Mayor Wheelwright asked for another councilmember to work with CM Ferguson to spearhead the fund raising.
4. Subdivision approval for Angel Heights Subdivision on property located approximately between 600 and 650 West and between 3500 N and 3650 North.
Bruce Talbot reviewed the subdivision. The council received the staff report and the engineer’s report. Scott Christensen presented his concern with three inches affecting the road alignment and him having to purchase property in order to sell a lot in Christensen Estates. There were also concerns with Parcel A in Angel Heights Subdivision being transferred to a lot in Christensen Estates Subdivision. Discussion continued on solving the problem.
Motion was made by CM Humphreys to grant subdivision approval to Angel Heights Subdivision subject to all the staff and engineering concerns, realignment of 3600 N road or a lot line adjustment, combining parcel A in Angel Heights to Lot 8 of Christensen Estates with the developer paying the cost. 2nd by CM Bailey. Voting was unanimous in favor.
5. Approve a resolution approving the form of the Equipment Lease Agreement for a police vehicle. (Presenter: Scott Jackson)
Scott Jackson: this is the same vehicle lease process as the past six/seven years. A Dodge Charger is being requested. I have talked to a couple of banks. This is the least amount. CM Call read the resolution in full.
Motion was made by CM Call to approve the Equipment Lease Agreement and Resolution 2007-B. 2nd by CM Bailey. Roll call vote. Voting Aye: CM Ferguson, CM Call, CM Bailey, CM Humphreys, and CM Clifford. Motion passed.
6. Ratify the decision on the bid approval for playground equipment at the Barker Park. (Presenter: Paul Ellsworth)
Paul Ellsworth and Greg Schaffer explained that the bid approved was the one that had the most play equipment that the children requested. Paul Ellsworth: we have $68,048 for the playground equipment, which includes the RAMP Tax Funds. It’s four weeks away from delivery. We are going to buy the woodchips separately.
Motion was made by CM Bailey to ratify the decision of Paul Ellsworth and Greg Schaffer on the bid approval. 2nd by CM Call. Voting was unanimous in favor.
7. Discuss boundaries for no hunting zones to present to the Wildlife Board. (Presenter: Kevin Bailey)
CM Bailey: you can’t discharge firearms in the city without complaints. We can make application to the State Wildlife to eliminate hunting or we can eliminate the phrase in the ordinance and let the State Statue prevail. CM Bailey recommended the later. Mayor Wheelwright: an ordinance will be prepared to take out the no hunting Section 9.40.120 for the next city council meeting.
8. Public Hearing – Amendments to the zoning ordinances. (Presenter: Bruce Talbot)
Motion was made by CM Bailey to open the public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Bruce Talbot gave an overview of the issue that affects the setbacks on 600 W, 1000 W and 1100 W as being 40’. John Hansen: we built the road to the General Plan. I have 16 unbuildable lots. We didn’t know the ordinance was there. Steve Mecham: the 40’ setback creates a problem in the back yard. Paul Ellsworth: there is not a chance that the city will widen the roads.
Motion was made by CM Ferguson to close the public hearing. 2nd by CM Call. Voting was unanimous in favor.
CM Clifford: I’m concern that the city council will be in the middle of every subdivision. CM Call: the problem is that the ordinance says waive but doesn’t say what to waive it too. The ordinance wording was modified to solve what was being waived.
Motion was made by CM Bailey to amend the zoning ordinance as modified (Ordinance 2007-1). 2nd by CM Call. Roll call vote. Voting Aye: CM Bailey, CM Call, CM Clifford, CM Ferguson. CM Humphreys abstained because he had lots in subdivisions that are in question.
Subdivisions that need the waiver need to be put on the city council agenda for the approval.
Standing Reports: Councilmember’s reports on their areas of responsibilities
2nd Tuesday: Reports from Mayor Wheelwright (WACOG, North View Fire Agency), Coucilmember Humphreys (Culinary and Secondary Water and Parks), and Councilwoman Ferguson (Beautification and Activities).
Councilmember Ferguson the sign is two weeks out. Rocky Mountain Power needs sometime to try. A Founders Day Meeting is being called.
Other Business:
Paul Ellsworth: the 2550 N bid awarding was put on hold. It is now proposed not to have it rebid. CM Call: it will save taxpayer’s money if we refuse the bids and rebid. CM Humphreys: I proposed to rebid. The bids were over bid. Rebiding will save on labor because of the time of year. CM Call: rebid without the pipe. Mayor Wheelwright: have supplier give us in writing a bid on the pipe and pull all the others. CM Humphreys: put bids out for pipe also in order to be fair. The project will be rebid.
Adjournment: 9:40 P.M.
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