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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
July 11, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey (excused)
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hansen Bruce Talbot Paul Ellsworth Scott Jackson
Fred Hellstrom
VISITORS: Shelly Rovira Kyle Hamblin
Dave Hulme Scott Reese
Robyn Reese Rols Wauld
Larry Hales Clair Knight
Art Belinger Jo Anne Keffer
Bill Virgil Merl Loper
Collette Virgil Matt Walker
Cherie Bullock Linda Bernard
Meeting was called to order at 6:00 P.M.
Opening prayer, reading or expression of thought: Doug Clifford
Pledge of Allegiance: Doug Clifford
Comments or Questions for the Mayor and Council: The grass on the southwest corner of 400 West and Elberta Drive by the yield sign needs to be cut and also the area on 600 West and Elberta Drive.
Consent Items:
Motion was made by CM Ferguson to accept: the bills of Pleasant View City, business licenses to; Montsey Salamanca for a mowing/yard work business, Admiral Beverage for a retail bottled water sales business, Susan Jones for a landscape design business, Brian Stephens for a transport supplies business, and Ray Peterson for solicitor business for an insurance agency, the minutes of April 4, 2006, April 11, 2006 (open and closed minutes), April 18, 2006, June 13, 2006 and June 19, 2006 (open and closed minutes). 2nd by CM Clifford. Voting was unanimous in favor.
Business:
1. Report on CERT’s Mock Disaster. (Presenter: Jill Mitton)
Jill Mitton gave an overview of the Cert’s Mock Disaster held June 16, 2006. Jill Mitton: the city was divided into thirteen sections. Eight of the thirteen participated fully with 175 block captains and 75 victims were found. It was successful. We have learned that we need a backup medical core. We need the city’s help in gathering that group together. We now have a huge interest in training. The training cost is free. There are eight, three hour sessions. We need a place of our own for training. It was suggested that next year’s mock disaster not be held close to Founders Day. Jill Mitton: I am concerned that Weber High School is Weber County’s designated casualty collection point for Pleasant View City and North Ogden. Pleasant View City will be busy enough without adding North Ogden’s congestion.
Mayor Wheelwright: Jill has received many thanks over the years. She has provided the city with a tremendous service. She has provided leadership and the city would like to thank her on what she has done and we pledge her to continue. Jill Mitton was then presented a plaque. Mayor Wheelwright encouraged all to participate and signup in the program.
2. Presentation on enforcement of the fire flow requirements and other related fire service issues. (Presenters: Marshal Anderson and Kent Jones)
Kent Jones and Joe Anderson gave a presentation on fire protection regulations. Their handout is attached. CM Call: will every lot have an “R”? Kent Jones: yes, we are looking for disclosure of the requirement. CM Humphreys: do garages count as part of the square footage? Kent Jones: yes. Joe Anderson: the code has already been adopted. CM Call: what is the best way to enforce it? Mayor Wheelwright: we will get an administrative order prepared. Fred Hellstrom: the public works standards will need to be changed from a ¾“ to a 1” service. Mayor Wheelwright: that will also be included in the administrative order to have the standards work books revised. Dave Hulme: does it apply to remodels? Kent Jones: not at this point.
Lynn Froerer gave a presentation on fire responses, incidents responses, incidents responses by districts, and per capita spending. Mayor Wheelwright: Pleasant View City has a great deal with the North View Fire Agency. We need to be aware of fire issues.
3. Approve a resolution approving the form of the Equipment Lease Agreement with Zions First National Bank for a police vehicle. (Presenter: Scott Jackson)
Scott Jackson: this is the same lease that we have had the last four/five years. CM Call read the resolution in full.
Motion was made by CM Call to adopt a resolution approving the form of the Equipment Lease Agreement with Zions First National Bank (Resolution 2006-K). 2nd by CM Humphreys. Voting Aye: CM Ferguson, CM Humphreys, CM Clifford, and CM Call. Motion passed.
4. Public Hearing – Amendment to subdivision regulation regarding administration and enforcement. (Presenter: Bruce Talbot)
CM Ferguson: I know that this ordinance is for the entire city, but I live in a PRUD that has some issues. If the council feels that I should recuse myself if there is a conflict I will. The council saw no conflict of interest.
Motion was made by CM Humphreys to open the public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Bruce Talbot: part of the ordinance change came forward because the violation section was not included in the ordinance. The first two sections of the proposed ordinance are the same. Section 17.24.030 B is new. Currently it doesn’t address how to deal with special developments. The city should insure that development occurs according to the plans. The city attorney has reviewed the proposed ordinance. Mayor Wheelwright: I have a lot of changes to the proposed ordinance. I rewrote section B. We need to make sure the city has the tools to require developers to develop the way it should be. Comments from the public: Bob Valentine, president of the Pleasant Meadow PRUD Homeowners Association: this ordinance doesn’t appear to accomplish what I hoped it would. If this is as far as the city is going to go it will not do us any good. We need to create a much more beautiful city. We have invested money in gates and improvements without the developer’s or builder’s part, yet they reap the benefits and thumb their noses at the CC&R’s. We need help down there. The buildings don’t conform to what the community thinks they should look like. What is this ordinance really going to do for us? Mayor Wheelwright: I don’t’ know that the city is going to help you accomplish what the homeowners association wants to accomplish. These special developments should have the design criteria spelled out in the documentation. Some homes are not in compliance, we withheld building permits in order to check the design criteria. During that period of time we looked for objective standards but only found sketches of buildings, nothing specific. We consulted with the attorney about whether building permits could be withheld. His legal opinion was we can’t because there are no specific criteria. With that said the homeowners association had let one building be built and it has been allowed again. It is not incompletely out of character in that area. We couldn’t withhold building permits. I hope there is not a false hope of expectation on what we are accomplishing with this ordinance. On future developments the city can regulate. Our hands are tied in this particular development. This is an unfortunate situation. Mayor Wheelwright: there was no objection from Pleasant Meadow PRUD of what was approved by the planning commission. We have not altered what was previously authorized except with what I have proposed. Bob Valentine: originally there was two house plans to chose from. If we made an error, we granted one exception. We don’t want any more of that junk. He ignores the CC&R’s and the homeowners association. CM Humphreys: it is hard to image the development no having specific criteria. Bruce Talbot: the research on the Pleasant Meadow PRUD discussed open space, storm drains, etc. There was nothing on structures and features. Mayor Wheelwright: if the development was done today, it would be done differently. We can’t force a group of people to conform to something more than what is in the documents. Bob Valentine: the documents may be lacking, yet the city approved them. I endorse what you are doing. I’ll be back with a set of criteria. Sherry Bullock: I bought into thinking that all the T’s were crossed and I was given a packet and pictures of what was to be built and how the plans were laid out. I thought the city would back us on this vision. Mayor Wheelwright: it is troubling with what you are saying. Get the pictures to Bruce Talbot. Scott Rhees: I did the same thing as Sherry. It is time for someone to step forward. I have invested a lot of money. We have come to the city to ask for help. He is the most crooked man I have ever met. Mayor Wheelwright: I have stated the limitations that we are under with this particular development. The city has offered to be a mediator. As of yet we have not been involved in any mediation with them. We will do all we can within borders of the law and if it goes beyond, it harms the other citizens of Pleasant View and exposed it to legal battles.
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 Call to approve the Ordinance amending the subdivision regulation regarding administration and enforcement with Mayor Wheelwright’s amendments (Ordinance 2006-2). 2nd by CM Humphreys. Voting Aye: CM Clifford, CM Call, and CM Humphreys. Abstained Vote: CM Ferguson. Motion passed.
5. Public Hearing – Amendment to the General Plan regarding commercial uses on mountain side of Hwy 89 from 2700 North to north city boundary. (Presenter: Bruce Talbot)
Motion was made by CM Humphreys to open the public hearing. 2nd by CM Ferguson. Voting was unanimous in favor.
Bruce Talbot: the General Plan has nodes of commercial along HWY 89. The Planning Commission along with developers think commercial will not happen. The developers are asking for residential. The planning commission suggested leaving it up to the market on how much commercial goes in there. 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.
Bruce Talbot: all the property owners along HWY 89 were notified and no one showed at the planning commission meeting. CM Call: it will all be residential. There will be no commercial. Bruce Talbot: one area is designated commercial (Done Jones’ area.) Mayor Wheelwright: it is in the General Plan. Mayor Wheelwright read from the General Plan regarding neighborhood commercial. CM Call: a lot of work went into setting the General Plan. With the change there will be no commercial.
Motion was made by CM Call to deny the proposed ordinance amending the General Plan regarding commercial uses on mountain side of HWY 89 from 2700 North to north city boundary. 2nd by CM Humphreys.
Discussion on motion. CM Clifford: how much land are we talking about? CM Humphreys: the demand is currently residential, but there maybe some future demand for commercial. CM Call: we need to look forward. This plan is a future plan of twenty years ahead. Mayor Wheelwright: we have spent so much time preparing the General Plan and then to have someone come in and say I don’t want to do that. We need to be very careful on amending the General Plan. CM Humphreys: I see some potential for commercial. We are not asking for a lot.
Roll Call Vote: Voting Aye: CM Humphreys, CM Call, CM Clifford, and CM Ferguson. Motion passed.
6. Public Hearing - Zone change from A-2 to RE-15 located at approximately 1350 W to 1500 W between Pleasant View Drive and Hwy 89. (Presenter: Bruce Talbot)
Motion was made by CM Humphreys to open the public hearing. 2nd by CM Ferguson. Voting was unanimous in favor.
Bruce Talbot showed the areas for the proposed zone change. Bruce Talbot: not all of the parcel is to be rezoned. Public comments: Joanne Keffer: I bought an existing home in Pleasant View. I am neither for nor against the development. Will development hurt the quality of life? Are we over building? The houses in Westview Subdivision are stagnate and at the top of 1100 W. How many do we want to absorb? Once land developed you can’t go back. My definition of open ground is parks and trails not lawns around homes. What do we want the city to look like in 20 to 50 years? How many times do we change the General Plan or does development decide it?
Motion was made by CM Call to close the public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Mayor Wheelwright: have they submitted a written report on the seven of the thirteen criteria to implement for the rezone. Bruce Talbot: I have focused on those at the preliminary stage. Kyle Hamblin: they have not been submitted. Mayor Wheelwright: that needs to be on the check list. We need to follow the ordinance. Kyle Hamblin: there are 1.9 acres that will not be rezoned. Mayor Wheelwright: We need a park. During the Westview Subdivision approval process an area was designated as a park and it would combine with another development. Is that in the realm of possibility? Kyle Hamblin: we have not talked about it. I know there was once talk about a TDR, but no plans for a park. Bruce Talbot: the preservation map in the General Plan has been filled in. There is no room for recreation in that area. Paul Ellsworth: there are two soccer field proposed on the west side of HWY 89. CM Clifford: we need to ask for a park. Mayor Wheelwright: we also need the funds to do it. Paul Ellsworth: acquire more land around the area off of 1000 West. CM Humphreys: there are wetlands back there. Shelly Rovira: developments in West Haven donate open space to the city. Kyle Hamblin: if we make it up with density. CM Clifford: we can’t grant the rezone because we don’t have all the information. Bruce Talbot: we have done four without the information. CM Humphreys: it is a big issue. We need to decide to have a park or forget it. CM Clifford: have staff present a park proposal.
Motion was made by CM Clifford to table the zone change from A-2 to RE-15 located at approximately 1350 W to 1500 W between Pleasant View Drive and Hwy 89 until all the information is available to complete the proposal. 2nd by CM Humphreys. Voting was unanimous in favor.
CM Clifford: that area is in an area designated for preservation. Mayor Wheelwright: had they presented the seven criteria we would not have taken advantage of this time to look at the preservation area. The next agenda the council will discuss parks in that area.
7. Public Hearing – Zone change from RE-20 to RE-15 located at approximately 3500 N to 3650 N between 600 W and 650 W. (Presenter: Bruce Talbot)
Motion was made by CM Call to open the public hearing. 2nd by CM Ferguson. Voting was unanimous in favor.
Bruce Talbot: The property belongs to the Wardle’s. The planning commission approved the rezone subject to working out the concept plan. Bruce Talbot read the 7 of the 13 criteria as being: items #1, #3, #5, #6, #7, #9, and #11. Public comments: none were given.
Motion was made by CM Call to close the public hearing. 2nd by CM Humphreys. Voting was unanimous in favor.
Motion was made by CM Humphreys to approve the zone change from A-2 to RE-15 property located at approximately 1350 W to 1500 W between Pleasant View Drive and HWY 89 (Ordinance 2006-3). 2nd by CM Call.
Discussion on the motion. Laurie Hansen stated that the ordinance will not take effect until the ordinance is posted, and it will not be posted until there is an accurate legal description attached. CM Call: we are not picking the concept plan at this time. It only shows that it can be done.
Roll Call Vote: Voting Aye: CM Ferguson, CM Clifford, CM Call, and CM Humphreys. Motion passed.
8. Conditional use for Reeves Electric at 2647 North 1000 West to operate an electrical contractor office and shop in an existing building.
Bruce Talbot: the conditional use permit doesn’t require a public hearing on the city council’s part. This is located in the old Yamaha building. The conditional use was not specifically labeled in the ordinance and it needed some interpretation. The planning commission made that interpretation. The planning commission didn’t put any conditions on it.
Motion was made by CM Call to approve a conditional use for Reeves Electric at 2647 North 1000 West to operate an electrical contractor office and shop in an existing building. 2nd by CM Humphreys. Voting was unanimous in favor.
9. Discussion and/or action regarding a westerly access for heavy truck traffic.
Mayor Wheelwright: We are faced with a dilemma on heavy truck travel. Let’s consider every option possible. Three weeks ago with legal counsel discussing legal strategy, there were some action items for updates. First, one extreme option we explored was the cost to build a permanent westerly access than to wait for development to build the road. The cost was approximately $4.4 million. I met with Alan Westenskow today regarding bonding and borrowing the $4.4 million. The payments would be $336,000 at 5% interest. He presented ways to come up with the payments. What is the value of having a road that will benefit the gravel pits and get the truck travel off of our roads? It is hard to quantify. I have a meeting with WFRC and I will contact UDOT on seeing what options there are to have the State step up to the project. We also need to get our section on their plan. I need feedback from the council. Do you want to go further to build the road ourselves? If so, we can bring Alan Westenskow in to talk with us. CM Call: we need a 75% increase in taxes to make the payment. We would need information if it is put on the ballot. We need to explore exactly what it means. CM Clifford: we need to get some idea of what is possible. CM Humphreys: we shouldn’t have to build the curb, gutter, etc. right a way. The big thing is to acquire the property. Paul Ellsworth: we should do the bare minimum and let the developers do the rest. We should only have to acquire 20’ of property and a road grader. We could grade the road once a week. For public safety the city could condemn 20’. Mayor Wheelwright: only a portion of the ground is in our city and we can’t condemn the entire territory. We are limited. CM Humphreys: I would like to approach Butters and Randy Marriott and have them work with us. Mayor Wheelwright: Secondly, we are contracting with a traffic engineer with an approximate cost of $7,500. Kent Jones, City Engineer, has not yet reviewed it for the proper scope of work. CM Call: in the long-term it would provide the greatest safety. I agree to go a head with this and open the budget for funding. It will be put on the July 25, 2006 agenda. Mayor Wheelwright: everybody is in agreement that we can’t shut off traffic to the gravel pit? We need to be careful on how we regulate our roads. We are pushed up to the legal line. This is a top priority. As an update, we have dedicated a police officer to stepping up enforcement of the trucks. We are also having a history prepared on the issue. One will be posted on the website, because we are having so many coming into the city. The city can prohibit jake brakes, but safety is the number one issue. It is safer to use jake brakes. The officers will be looking for Sunday truck travel. It is not allowed on Sundays under the excavation ordinance.
10. Workshop for Founders Day 2007.
June 23, 2007 was set as the date for Founders Day 2007. Founders Day 2006 ran well. It was suggested that we ask for volunteers on the website, consider selling tickets to the Salmon Bake at the breakfast, and have a city employee take the money at the Salmon Bake.
Standing Reports: Councilmember’s reports on their areas of responsibilities.
Other Business:
CM Ferguson: do we have a nuisance ordinance? CM Call yes. Mayor Wheelwright: give the list of nuisances to Bruce Talbot.
CM Clifford: Pacific Corp killed all the vegetation under to power lines and it has left a fire hazard. CM Humphrey: contact the fire department.
CM Call: the flag needs to be replaced. Paul Ellsworth: it was ordered today.
CM Call: we have gotten complaints on our referees. We need to pay for referees not kids.
Mayor Wheelwright: a letter from Warren Clifford regarding Deer Crest Subdivision with his concerns with density, flooding, and soil stability and the developers responsibility for it will be attached to the minutes per his request. Paul Ellsworth: Bruce Jones is responsible when taking out the Storm Sewer Phase II permit.
***Note: Audio difficulties occurred in taping the July 11, 2006 minutes. No audio tape available.
Adjournment: 9:55 P.M.
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