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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
July 25, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey (excused)
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hansen Paul Ellsworth
Fred Hellstrom Debbie Jones
VISITORS: Dave Hulme Linda Barnard
Judy Meibos Brenda Medsker
Kevin Butters Jared Johnson
Richard Jolley Philip Sauvagueu
Clair Knight J. Reynalds
Bill Virgil Colette Virgil
Joan Chugg Robert Chugg
Brad Montierth Cathy Montierth
Carol Larson Craig Larson
Mike Wimmer Garden Decker
Meeting was called to order at 6:05 P.M.
Opening prayer, reading or expression of thought: Mae Ferguson
Pledge of Allegiance: Mae Ferguson
Comments or Questions for the Mayor and Council:
Jared Johnson: there is road settlement on the highway by the Pepsi Plant. Paul Ellsworth: I will get those responsible for it to fill it up. Colette Virgil: Pleasant View Drive needs to be cut again. Mayor Wheelwright: we have purchased a roadside mower which is on backorder. We are not sure when we will get it. We are looking at borrowing one. Mayor Wheelwright: in the near future we will be presenting a proposal for a walking path with landscaping along Pleasant View Drive. Scott Jackson gave an update on the heavy truck traffic enforcement. Scales have been ordered and training is underway.
Consent Items:
Motion was made by CM Call to approve business licenses to Patrick Mclane for a fertilization service, Leslie Price for a sale and distribution of construction materials business, Garrett Hull for a landscaping and irrigation business, and Lori Reeves for an electrical contractor business. 2nd by CM Clifford. Voting was unanimous in favor.
Business:
1. Founders Day 2006:
Report on the Salmon Bake. (Presenter: Bob Brunson)
No show.
Complete accounting for the event. (Presenter: Mae Ferguson)
Refer to handout attached.
Assignments for Founders Day 2007 (Presenter: Mayor Wheelwright)
CM Ferguson will spearhead the event for next year. The making of the assignments are still in process.
2. Request purchase of fireworks for Founders Day 2007. (Presenter: Paul Ellsworth)
June 23, 2007 is the date of the next Founders Day celebration. Paul Ellsworth requested the purchase of fireworks in the amount of $10,000. The city receives a 2% discount per month which is rolled back into fireworks. The earlier you buy the more you get.
Motion was made by CM Call to approve the purchase of $10,000 for the 2007 fireworks. 2nd by CM Humphreys. Voting was unanimous in favor.
3. Discussion and/or action on Pole Patch’s water rate proposal. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: there was a question on Pole Patch’s compliance with the A-5 Zone and Sensitive Overlay Zone Ordinances. The ordinance says that the maximum lawn area is ¼ acre. I wanted objective material on whether they were in compliance or not. I decided that the best way would be to use an aerial map. There was a mistake, not an attempt to mislead the city council. The study used landscaped area instead of lawn area. If the city council wants the lawn area they can get the information from CM Clifford. He has receipts on lawn ordered. I hoped to provide objective information. Other information was provided to the council. The debt service ratio is okay with their proposal. One objective of the prior rates was conservation. From the documents it clearly shows there has been. CM Clifford: the rates from Rural Water are old. Mayor Wheelwright opened the discussion up to the council. CM Call: Pole Patch’s proposal is a reduction in charges even from the pre-2000 water rates. For example: for 83,000 gallons of water used, according to Pole Patch’s proposal the fees would be $168.00 and using the pre-2000 rate the fee would be $175.25. I would propose the following rates:
Base rate $10.00 (same)
0-8,000 gallons $ 1.00 (same)
8,001-12,000 gallons $ 2.00
12,001-150,000 $ 2.25
150,001 + $ 2.50
CM Clifford: the rational for their proposal was the cost of water of the surrounding areas. CM Call: a premium should be paid for usage over 150,000 gallons. CM Clifford: I am speaking as a citizen. Secondary water is not available to Pole Patch. There was an agreement with V. Jay Wadman who sold the tank to serve the city and the city made an agreement to sell water to Pole Patch. There have been several attempts to get secondary water. The point is we just can’t turn on the tap. We have to pump the water back up to another tank that we pump and it costs us $1,000’s. We are part of a study to get secondary water. There are 3,000 areas on the bench which is not available because there is no secondary water. I got upset with some of the information. For the most part people are trying to meet the A-5 regulations. There are a lot of A-5 parcels in the city, but because of the limited resource we are under scrutiny. We have a new well now and I have looked at surrounding cities’ fees. This is not just a Pole Patch issue but for all the city a fairness issue. CM Call: we need to be careful when comparing with other cities. We have a well and bonding issues. We have to pay as community. I don’t know what other cities need to do, but you can’t compare, they are different. The A-5 zone needs to be revisited. What does lawn area mean? Does it mean landscaping? It needs to be clarified. What do we want the intent to mean? Does the overall enforcement of the ¼ acre lawn area apply to all that lack in secondary water or to all? CM Clifford: lawn and landscaping are two separate issues.
Motion was made by CM Call to amend the water rates for the next billing period as: base rate $10.00
0-8,000 gallons $ 1.00
8,001-12,000 gallons $ 2.00
12,001-150,000 $ 2.25
150,001 + $ 2.50
Bulk rate $ 7.00
2nd by CM Humphreys.
Discussion on the motion. Brad Montoya: My concern is that we brought this up in April and we have gone through July the hottest month. It is not fair. What happened? I am not sure who did it. You should go back to July. I have 24,000 square feet of landscaping. I have 7,000 to 8,000 sq. ft. of lawn. I didn’t violate the ordinance. It was not an accurate study. Kevin Butters: the city needs to make the rates fair. We are still being penalized for the bulk water rate of $7.00 per 1,000 gallons. Mayor Wheelwright: The bulk water users are not connected to our system. Dave Hulme: what is the negative affect on the budget? Will there be a public hearing on the budget? CM Call: a guess is that it will affect the budget by a 1% factor. If it is an issue at the end of the year, we may need to amend the budget. CM Wheelwright: does Pole Patch want to take a position on the proposal? CM Clifford: when they did their proposal they did it easy. Obviously people would like less. Jared Johnson: that was their chose to build up there and their consequence. Should the older part be penalized? We have to pick up what is not paid. We also pay extra for secondary water. Mike Wimmer: we made the request back in April. Mayor Wheelwright: there is due diligent for the city to take the time to met with Zions Bank. At this point in the billing process it could cost the city to undo what has bee done. It will be effective on the next billing cycle. There are many users that will be affected other than Pole Patch.
Vote: Voting Aye: CM Ferguson, CM Call, and CM Humphreys. Abstained Vote: CM Clifford. Motion passed.
4. Betterment Committee Presentation (FrontRunner Commuter Rail Station). (Presenter: Philip Sauvageau)
&
5. Discussion and/or action on recommendations from Betterment Committee
Mayor Wheelwright: the four surrounding cities where given an open invitation to participate. Philip Saugaveau gave a presentation from the committee that has met twice, with Jody Lunt as the chair. CM Call: it is a hard position. The station is not even in the city. They need to let us know if they are annexing into the city. Philip Saugageau: if people have ideas let us know. CM Clifford: has the cost split been discussed with the other communities? Mayor Wheelwright: more than just Pleasant View residents will be using the station. The ball is in my court. Annexation is a key issue. I have a person in mind to chair a fundraiser. I need to sit down with each Mayor and workout an equitable split on the cost. This is the first step. We have committed $30,000 to this with an estimated cost of $124,000. CM Clifford: what about advertising space? Mayor Wheelwright: it would need to be addressed with UTA. Farrwest’s mayor didn’t come to the meeting and Willard’s mayor was not invited.
Motion was made by CM Ferguson to approve the concept, move forward with UTA on the planning phase, and contingent that the other jurisdictions equitably share in the cost and not go beyond the budget, and continue with the annexation. 2nd by CM Humphreys. Voting was unanimous in favor.
6. Discussion and/or action regarding the purchase of a City Marquee. (Presenter: Linda Barnard)
Linda Barnard presented the marquee design and three cost options. Option #1 cost - $37,662, Option #2 cost - $47,737.12 (includes monthly maintenance fee), Option #3 - $25,000 (granite marker).
Motion was made by Call to accept the recommendation of the committee and go forward with the normal bid process and look at option #1 and amend the budget. 2nd by CM Humphreys. Voting was unanimous in favor.
7. Discussion and/or action on a zone change from A-2 to RE-15 located at approximately 1350 W to 1500 W between Pleasant View Drive and Hwy 89. (Presenter: Destination Homes)
Mayor Wheelwright: this was tabled for which criteria they are going to do. Criteria numbers #1, #2, #3, #4, #5, #8, & #11 were chosen from the RE-15 ordinance.
Motion was made by CM Call to approve the rezone ordinance subject to checking the legal description (Ordinance 2006-4). 2nd by CM Clifford. Roll Call Vote. Voting Aye: CM Humphreys, CM Call, CM Ferguson, and CM Clifford. Motion passed.
8. Discussion and/or action on park improvement plans for Shady Lane Park. (Presenter: Paul Ellsworth)
Paul Ellsworth presented several plans for the park. Mayor Wheelwright: we need to review the agreement for who pays the cost of the fence. CM Call: we had a lot of input from the soccer community on building a regulation field. Parking is a concern. A citizens committee will be set up. Mayor Wheelwright will work with Paul Ellsworth and CM Humphreys to set up the committee.
9. Discuss locating a city park at the west-end of the city. (Presenter: Paul Ellsworth)
Paul Ellsworth: Westview Subdivision has 30,000 sq. ft. of area designated for a park. I would like to approach Dave Moore for a park. CM Humphreys will set up a meeting with Dave Moore.
10. Discussion and/or action on Lomond View Elementary’s First Annual Community Family Fun Run. (Presenter: Councilman Clifford)
CM Clifford: I don’t want to get involved in setting a precedent for every fundraiser. We need to get the police involved and have the route cleared with them. How involved should the city get? CM Call: I am okay with helping out.
11. Approve the expenditure for a traffic/safety study to be conducted by InterPlan (Presenter: Mayor Wheelwright)
Kevin Butters: the city has already paid for a traffic study. Mayor Wheelwright: Jody Burnett and Kevin Jones are comfortable with the scope of the work.
Motion was made by CM Call to approve the expenditure of $7,500 for a traffic/safety study to be conducted by InterPlan. 2nd by CM Humphreys. Voting was unanimous in favor.
12. Approve the expenditure to participate in the State-wide aerial photography project. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: the resolution on the aerial is 6” pixel. Paul Ellsworth: it saves on engineering and layout of streets. It is a good tool to have. Laurie Hansen: as of today the approximate cost for Pleasant View is $2,250. Mayor Wheelwright: the funds can be found within the budget. Paul Ellsworth: fall time is a better when all the leaves are off the trees. CM Call: they may not be doing this. They may be going to a ___?______ with two views. A straight view and an angle view for homeland security. A grant is funding it. CM Call: I am not voting because of a potential conflict of interest with the county.
Motion was made by CM Clifford to approve the expenditure for the aerial photography project. 2nd by CM Ferguson. Voting Aye: CM Ferguson, CM Clifford and CM Humphreys. Abstained Vote: CM Call.
13. Approve the expenditure for the preparation of a historical document of the gravel pit and heavy truck issue to be prepared by the City Attorney. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: this action came from a closed meeting. I received a proposal of $2,500 for approximately 20 hours to prepare historical documents. We find ourselves spending a lot of time about the gravel pit. It would be helpful to have a single source of information and available on the website. And how many different city council’s have dealt with this issue and a multiple number of engineers, attorneys, and mayors. It is hard to preserve the institutional memory at this point in time. There will be a dual version of the document. One internally and the other public. We spend a lot of money in legal fees in researching. I think that the preparation of the documents is a wise use of funds. Kevin Butters: you have a good source document, your Board of Adjustment minutes. I see a lot of money being spent. You could spend the money to solve the problem for an alternate access. There needs to be a better access. I recommend directing the money to solve the problem. We have tried to get access and we are in current litigation. We have spent $125,000 in legal fees so far, and we are not going anywhere. In the Board of Adjustment minutes we were granted a non-conforming use which is hard to beat. There is a lot of money available from sales tax to solve the problem in the amount of $250,000. CM Clifford: Pleasant View’s share is $0. It is based on point of sales. Kevin Butters: If we can get a road, I promise rocks for projects and $75,000 towards litigation costs. Because of a lack of services it makes everyone go someplace else. We can go to Weber County, and we can have better service. We don’t want to fight; we want a better way off the hill. We have a condemnation action filed. There have been injunctions against the city. I think the city has violated some of them. I would like a corporation agreement with all the parties. Mayor Wheelwright: some of the offers you are making are new offers. Kevin Butters: you left early. Mayor Wheelwright: I was not aware of them. We are not going to negotiate in a public forum. Kevin Butters: our attorney could get you information. Our original offer tendered was turned down. Mayor Wheelwright: the cost of service on the road was not a factor included in the offer tendered. CM Call: this is not an agenda item. Mayor Wheelwright: it would be helpful if Joe Chambers would provide information to Jody Burnett and then we can deal with it. Randy Marriott cut off the access and Butters thought it was an unfair amount. Kevin Butters: we thought we would be reimbursed for the toll but we were not, so we go down 500 West. Mayor Wheelwright: everyone could make a business deal that could solve this problem. The city is stuck in the middle of this issue and it is exposing our residents to the risk. We are sitting on a time bomb. This is a frustrating issue because there is so little that the city can do. We plead to you and Randy Marriott to please come together and make an enlighten business deal, which is good for business and will protect our city.
Motion was made by CM Call to approve an expenditure up to $2,500 to prepare historical documents on the gravel pit and heavy truck issue to be prepared by the City Attorney. 2nd by CM Humphreys. Voting was unanimous in favor.
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)
CM Call: is the walking path on city property? Paul Ellsworth: yes.
CM Clifford: what is the status on hiring a new administrator? Mayor Wheelwright: we have received 35 applications. We have identified a core group to submit to a selection committee. Before we sit down with them we need to make sure they understand the salary issues.
CM Clifford: there are 3,000 acres of property without secondary water. There is not room for two secondary water systems up there. Pineview is taking a back seat to Randy Marriott’s system. Can Pleasant View City put the pressure on to get something? CM Call: I don’t think Pleasant View City should get involved.
Mayor Wheelwright: Tim Hjorten asked that a city councilmember be assigned to the planning commission. We will research the opinion from Rich Jones.
Other Business:
***Note: Audio difficulties occurred in taping the July 25, 2006 minutes. No audio tape available.
Adjournment: 9:50 P.M.
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