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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
June 10, 2008
The public meeting was held in the city office at 520 West Elberta Dr. in Pleasant View, Utah, commencing at 6:05 P.M.
MAYOR: Doug Clifford
COUNCILMEMBERS: Scott Boehme
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker
STAFF: Laurie Hellstrom Bruce Talbot
Scott Jackson
VISITORS: Clair Knight Brad Montierth
Rich Penman Mrs. Penman
David Thompson Tym Dickson
Douglas Dickson Diana Hacking
Brandon Hacking Glen Dickemore
Clarence Foster Tim Healy
LaMont Hesselgesser Loyal Hume
Ben Howell
Pledge of Allegiance: Tim Hjorten
Opening Prayer, Reading or Expression of Thought: Tim Hjorten
Comments or Questions for the Mayor and Council for items not on the agenda. None
Consent Items:
Motion was made by CM Boehme to accept the consent items: the amended minutes of May 27, 2008, a business licenses to Tony Bassett for website advertisement sales, and the bills of Pleasant View City. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Business:
1. Pole Patch Subdivision – Request waiver of February’s water bill. (Presenter: Mike Humphreys)
CM Humphreys: Pole Patch is a development made up of approximately 35 – 5 acres lots with approximately 33 lots developed. We deliver water to them and they pump it up to their reservoir. In February there was a malfunction of their system and it over spilled two million gallons of water. They are asking for help on their water bill. In 2006 it happened before with a 5.5 million gallon water over spill and we negotiated on the bill. They then sought after monitoring and approached North Ogden City. We spoke with them but our equipment was not compatible and we couldn’t monitor it without being costly to Pole Patch, so the City let North Ogden City monitor it. Brad Montierth: we had a spill in 2006 and city council advised us to do something. North Ogden was willing to do it in early 2007. Pleasant View City made an honest attempt to monitor it. We couldn’t get North Ogden City there to get the system in during the winter. In February we had a fault in our system; however, because North Ogden City was not able to install the monitoring system by then the spill went undetected. Yes, we have a fault in our system but we would have had it monitored if the city council would have approved it earlier. This will give the city a bonus. A windfall that they never expected. It was not caused by Pole Patch, but a faulty system. We are asking for the difference between the $5,000 and $700 a normal amount. CM Hjorten: in the copy of the minutes from North Ogden City dated October 23, 2007 they moved to accept it with a follow up. In the minutes of January 8, 2008 it was on their consent list and was ratified. It was approved in October 2007, well before the February occurrence. Rich Penman: Rich Neilson (North Ogden) agreed not to move forward until they got Pleasant View City’s blessing. CM Boehme: there is a letter from Mayor Wheelwright dated October 5, 2007 and the minutes of North Ogden dated October 23, 2007 approving North Ogden City to monitor the Pole Patch water system. Rich Penman: we started looking at an agreement with North Ogden in March of 2007. CM Humphreys: you had the City’s approval on October 5, 2007. CM Hjorten: it was approved by the City on October 5, 2007 and picked up by Rich Penman October 5, 2007. Rich Penman: and it was given to Rich Neilson of North Ogden right away. CM Hjorten: North Ogden gave their approval on October 23, 2007. There was a three to four month period before the over spill. Brad Montierth: we had to go through North Ogden City. CM Humphrey: I was in those meeting with Pole Patch and we spent some time on it to see what we could do. There was still time left from October. North Ogden got it in March. Did North Ogden do any of the installation? Brad Montierth: Bill Goss with North Ogden was up there. The problem was an electrical issue and you couldn’t see it. It would have taken North Ogden to see it. CM Walker: what caused it? Brad Montierth: the solar panel charge the batteries that operate the water level control signal that is transmitted to the pump station to control the system. If it gets stuck then it keeps pumping. The batteries where down because there was no electricity from the solar panel. CM Walker: how many times has this happened? Brad Montierth: it happened in 2006. A rodent ate through a line. CM Humphreys: in 2004 it was a faulty water meter. CM Ferguson: in 2006 you had a citizen to check it and they were on vacation and the system went off and it was not picked up on? Brad Montierth: that is right. That is why we need a 24 hour monitoring system. We found something that works better and we were delayed. CM Ferguson: there is an ordinance that allows waivers every five years. CM Hjorten: that is for the water superintendent. CM Humphreys: it is a mistake on whose part? If delayed, was it our doing? CM Hjorten: in Mayor Wheelwright’s letter in order to make the systems compatible with the City it would have cost Pole Patch $16,000 and we allowed North Ogden to do it and saved them $14,000. Brad Montierth: we tried to do what the Pleasant View City Council asked and we had to wait for this. CM Humphreys: North Ogden’s system is different than ours and more compatible with Pole Patch’s system. Brad Montierth: the city should bare the burden and grant a reduction. CM Humphreys: we have deep wells and submergible pumps and they are expensive. What we pump to Pole Patch also costs more than just the cost of water them. CM Boehme: what concerns me is that anytime there is a hiccup they want relief. CM Walker: if it is a faulty system why is it the city’s fault? Brad Montierth: we don’t have a problem anymore. CM Walker: there is a meter in front of my home. From the meter to my house is my responsibility and if it leaks I get a bill. Maybe you need to go to North Ogden for them to pay bill. Why should we pay when it’s not our system? David Thompson: I’m on the Pole Patch board. You came to us when you wanted to put in the new well and asked to come through and transverse on our private roads at no cost and we had no problem with that. CM Humphreys: that is correct, but it benefits your development also. The city spent thousands in exploration but needed to bring the well below. We appreciate the joint efforts. CM Ferguson: I live in a PRUD and we had a similar problem and we were denied any help. We are private and you are private and we are responsible for what happens in our PRUD. I voted for Pole Patch’s waiver in 2006, but you are not alone in problems. Things done privately cost more. Brad Montierth: we tried to do what the city council asked and we were delayed by the city council. CM Boehme: I disagree. There was sufficient time to put the system in. Brad Montierth: no to get the monitoring in. We were pushed out five months. Mayor Clifford: can I bring you attention to the January 8, 2008 minutes of North Ogden. Brad Montierth: that is when the agreement was approved. Mayor Clifford read from the North Ogden minutes of October 23, 2007 which stated that it would come back as a consent item on January 8, 2007 for approval. CM Boehme: there was a letter sent by Mayor Wheelwright on October 5, 2007. I don’t see how we are responsible for North Ogden’s delay. Brad Montierth: we should pay your electrical bill for the cost of pumping the spilled water. CM Humphreys: in a prior meeting we discussed the cost of power. I understand where you are coming from and the delay into the winter. The city council tried hard to accommodate you and it is to bad it didn’t work out for you. We have a one million gallon tank. David Thompson: there is a hard cost. CM Hjorten: it is not a pure profit. There is wear and tear on our system. CM Hjorten: Councilmember Call stated in the prior minutes that they foreseen this happening again. How many warning does it take? It is not close to anyone? CM Walker: with proper maintenance this would not have happened. Even with an old system and with someone checking the tank. Rich Penman: the system was good but not reliable. We had to get it fixed and had a proposal March 2007 from North Ogden.
Motion was made by CM Boehme that he could see that there is some liability on all of the parties and to waive $2,500 of the water bill to Pole Patch Association and they will have to cover the rest of the bill or go to North Ogden City for a request. 2nd by CM Humphreys.
Discussion on the motion. CM Hjorten: the difference in the billing and a normal bill is $4,700 and we are considering to waive more than half the difference? CM Boehme: yes. CM Walker: I am not ready to concede that the city had any fault. CM Hjorten: if you ran a business like a city, government is always slow, it will always be slow. We represent the citizens of this community. There was a loss of water and a loss of a resource. CM Humphreys: it will pay for the hard cost to produce the water. CM Hjorten: the reason it took so long is that typically we don’t turn these types of issues over to another government entity. Normally we would never allow this to happen. CM Humphreys: you can read Mayor Wheelwright’s letter it see the concerns. I agree with the letter. It was big of the city. Pole Patch would have had to pay $16,000 to make their system compatible with ours. CM Hjorten: I hope this never happens again. CM Walker: what happened between 2006 and 2008? They lost 5.5 million gallon water in 2006. It is okay if it takes you time, but it is not okay for us. Rich Penman: this had to go before our board and two cities and it takes time. CM Walker: it took you time and us time, but you think it is our problem.
Vote: Voting Aye: CM Humphreys, CM Hjorten, and CM Boehme. Voting Nay: CM Walker and CM Ferguson. Motion passed.
2. Public Hearing – Consider amending the General Plan regarding the Transportation element of the plan. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to go into a public hearing. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Bruce Talbot: we are proposing an adjustment to the current master street plan and verbal in the General Plan regarding transportation. Two major components on the agreement with UDOT regarding HWY 89 and 2700 N access requirements. We had hired Interplan for the study. I met with property owners that were most affected. I looked at the Master Street Plan and some roads were out of alignment i.e. Jacob Mills road. Some roads were added and deleted i.e. roads off Skyline drive. CM Hjorten: how steep is Skyline Drive? Bruce Talbot: 12%. It can be done. 500 W and 900 W are at a 12% grade and some parts are a 13% grade. Access points have been aligned at the best points for getting access approval. The study was referenced on the map. The options are similar on out access plan. Mayor Clifford: we are in the process of a General Plan update. Is this premature? We have committees and will they feel bound to this? Bruce Talbot: some of both. The committee will look at the new plan and further adjust it. We hope to put this in place and be prepared while going through the General Plan process. Mayor Clifford asked for comments from the public. Doug Dixon: the access is shown on 800 W. I thought it was first come, first serve. Mayor Clifford: are we making different proposals? Bruce Talbot: this is one of three proposals. CM Hjorten: I see a new 106’ road width proposal for the truck situation. Bruce Talbot: yes. Bruce Talbot: this says we are ready and here is a plan. CM Hjorten: why is there an s-curve to Skyline Drive? Bruce Talbot: slope constraints. CM Hjorten: I like the accesses off of Skyline Drive to Pleasant View Drive. CM Humphreys: the master road off of 1000 W onto 3000 N then to HWY 89 needs to be deleted. That is the only area for hope of getting a park. Glen Dickemore: are there maps to look at? Glen was given maps. Loyal Hulme: we are hopeful on developing above 4300 N. We will come back to you. We can economically, without eminent domain, get the master road and we are in support of the change. CM Boehme: we need to extend 4575 N further to the west. Bruce Talbot: I didn’t put that on the map. I can raise that to the committee. Mayor Clifford asked for any other comments. None were given.
Motion was made by CM Ferguson to end the public hearing. 2nd by CM Boehme. Voting aye: CM CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Motion was made CM Hjorten to amend the General Plan as outlined with the update Transportation Element Plan (Ordinance 2008-6). 2nd by CM Boehme. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
3. Consider purchase approval of a police motorcycle instead of a police car from the 2008-09 budget year. (Presenter: Scott Jackson)
Scott Jackson, Police Chief: we are request the purchase of a motorcycle in place of a vehicle purchase. It is a used 2006 Harley Davison Road King from Cottonwood Heights with 2,300 miles on it. CM Ferguson: why are they getting rid of it? Scott Jackson: BMW gave them a deal on their program. It is good for public relations. CM Boehme: if we replace a vehicle with a motorcycle, it will not be usable in the winter; will it make someone short a vehicle? Scott Jackson: we will hold off on the sale of an existing vehicle. CM Boehme: what are the safety issues for the officers who will ride the motorcycle? Scott Jackson: there is a two day vehicle training and a two week training for motorcycles. There is more concern and training. CM Humphreys: how long are you going to keep the motorcycle? Scott Jackson: we will have a trial year. It will be used during overlapping shifts and traffic shifts. CM Hjorten: they are strong machines. They will be noticeable and I can see a benefit, but there is a safety concern. CM Walker: do we need another vehicle? Scott Jackson: it is in the budget to roll out two vehicles and we only give up one vehicle. CM Walker: I have seen road rash and the pain. Mayor Clifford: economically it is a wash. CM Walker: I can’t personally vote to put a police officer on a motorcycle. Mayor Clifford: uniforms are not cheap. Scott Jackson: I see no negatives to this.
Motion was made by CM Humphreys to approve the purchase of the 2006 Harley Davidson motorcycle and the monitoring of its expenses. 2nd by CM Boehme.
Discussion on the motion. CM Ferguson: will there be a set trial period. Mayor Clifford: it is a given. CM Hjorten: the cost is a wash. The depreciation is minimal. There will be cost savings by mileage. I favor the visibility of it. The biggest concern is officer safety and having training provided. There is room for experimentation. Scott Jackson: there is no cost for training. Those that use the motorcycle will be based on seniority and performance.
Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Voting Nay: CM Walker. Motion passed
4. Public Hearing – Amend the 2007-08 fiscal year budget. (Presenter: Laurie Hellstrom)
Motion was made by CM Ferguson to go into a public hearing. 2nd by CM Humphreys. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Laurie Hellstrom reviewed the changes made to the budget since the budget workshop. Laurie Hellstrom: we have several vehicles that are over 10 years old. We are requesting the okay for the department heads to review their vehicles and carry liability only. Tim Healy: I understand that there is no tax increase proposed in the budget. I am surprised that there are almost no citizens in the audience for the budget approval. I suggest that the notice be placed on the marquee. No other comments from the council were made.
Motion was made by CM Hjorten to close the public hearing. 2nd by CM Walker. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Motion was made by CM Ferguson to amend the 2007-08 fiscal year budget as presented (Resolution 2008-A). 2nd by CM Boehme. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
5. Public Hearing – Adopt the 2008-09 fiscal year budget. (Presenter: Laurie Hellstrom)
Motion was made by CM Hjorten to go into a public hearing. 2nd by CM Ferguson. Voting Aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Laurie Hellstrom reviewed the changes made to the budgets since the budget workshop. There were not other comments from the public.
Motion was made by CM Boehme to close the public hearing. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Motion was made by CM Boehme to adopt the 2008-09 fiscal year budget as presented along with adding the motorcycle approval adjustments (Resolution 2008-B). 2nd by CM Hjorten. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
6. Workshop on the Nuisance Ordinance. (Presenter: Bruce Talbot)
Bruce Talbot reviewed what other cities do for enforcement officers. He proposed an amended Nuisance Ordinance that tightens up the time frames for citations. Mayor Clifford: we are not ready to vote on anything tonight. I would like input from the city council if this is worth spending time on or not. The council felt it was worth reviewing. CM Hjorten and CM Ferguson volunteered to be on a committee to review the ordinance. Mayor Clifford: what advice should be given to the committee? CM Boehme: the time frame is too long. CM Walker: there should be an informal letter sent out first before a citation is sent. Scott Jackson: the truck enforcement officer can help in assisting zoning enforcement. Mayor Clifford: the ordinance needs to be more objective. CM Ferguson: may we have a citizen on the committee? Mayor Clifford: yes. CM Humphreys: there are a lot of empty lots and there are problems finding the owners. It will be placed on the July 8, 2008 city council agenda.
Other Business:
Loyal Hume: We have property at 4250 N 1150 W. We have tried to contact some of you to propose ideas before bringing back to you a site plan for the property. We are asking for a MPC zoning. We were told to help work out the traffic issue with the trucks. We are getting agreements to go out the other way and to work out the secondary water issues with a couple of water groups. The proposed roadway follows the transportation plan.
Mayor Clifford: I have met with Jay Wadman on his park. We need to jump start that project. We need to do something on the wetlands. We also received lawsuits from Lee on a vehicle damage and M&M Storage on the easement issue. Butter’s court date has been scheduled in July.
CM Humphreys: we need to consider purchasing the property to the east of the city office for a museum.
CM Walker: I will continue the research on converting to natural gas options.
CM Ferguson: Lees Market will participate in the parade and also deliver the food. There is a new grand marshal – LaRee & Albert Miller. The roundabout is planted with flowers and the rock is in.
Bruce Talbot: here is a General Plan committee packet. The city council is Committee #1 of seven committees. The reports are due July 17, 2008.
Adjournment: 9:45 P.M.
Note: An audio copy of this meeting is not available due to equipment malfunction.
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