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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
June 13, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS:
Kevin Bailey
Leonard Call
Doug Clifford (excused)
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hansen Bruce Talbot Paul Ellsworth Scott Jackson
Fred Hellstrom Heather Gale
VISITORS: Wallace Haun Dave Hulme
Todd Taylor Bill Virgil
Colette Virgil Merlyn Hanks
Brock Litanski Rich Fullmer
Betsy Fullmer Bob Brunson
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: None received.
Consent Items: Motion was made by CM Ferguson to approve business licenses to Justin Brown for a yard care and online sales business and to Sherri Lichfield for a solicitor license for her preschool and to approve of the minutes of April 25, 2006 (open and three closed meetings), May 9, 2006, May 17, 2006, and May 23, 2006.
Business:
1. Pleasant View City’s Website presentation. (Presenter: Heather Gale)
Heather Gale gave an overview of the Pleasant View City’s new website. Mayor Wheelwright expressed his appreciation to Heather on a great job. Mayor Wheelwright: this is a great service. Heather Gale will also maintain the website.
2. Update on the Pleasant Meadow PRUD Subdivision amendment. (Presenter: Pleasant Meadow PRUD Homeowners Association)
Mayor Wheelwright: this meeting is for information purposes only. There will be no decision made. Bob Valentine presented the history of the creation of the Pleasant Meadow PRUD and the approval to have White Barn IV join them through an amended plat and CC&R’s. They thought all the legal requirements were met. During my review of the CC&R restrictions, three exhibits were never recorded. Our attorney questioned whether we could function as a homeowners association. We then solicited each homeowner’s signature, and we made it known to the vacant property owners of the legality of the homeowner’s association. One property owner told us that he was not willing to sign the organization document which would allow us to operate. He would sign if he receives 1.3 votes. His participation is non-existence. He doesn’t pay for any maintenance and road expenses. As a consequence, we have asked for the city’s help. The solution is to withhold building permits until our legal status is filed and recognized. There is a case to be made. Building permits can’t be issue in an unapproved PRUD or subdivision. We are wiling to go through a legal process to protect our community. With the help of the city there has been an administrative order to withhold permits until finalized. We ask each of you to support Mayor Wheelwright’s decision. After we get a signature, it could be complete within 60 days. Mayor Wheelwright: the developer and the landowner are here, and they will be given an opportunity to be heard. Brock Litanski: I have never been contacted on this meeting. I am against the plat amendment. It is a blatant lie. Mayor Wheelwright: the plat amendment was approved by this body, and there are procedural road blocks. Merlyn Hanks: I own 38 lots. I am having a hard time knowing what the issue is. I have heard that Pleasant Meadows is a fully documented operating subdivision. Why not issue building permits? Tell me why we are not able to build down there. We have been delayed for a month. We submitted the permits two months ago. We haven’t known anything about this. There was no official notice of the meeting. We are not members of the association. Vacant lot owners are not members. We told them to put liens on the property. We take care of the weeds on the lots. Why is there a taking of our lots? I don’t want to forgo any voting rights. I own 50 lots in one subdivision and 30 lots in the other. My voting ability is diluted. I am asking for a weighted vote. Mayor Wheelwright: the building permit has not been an issue for months. No one came in to pay for the permits until last Thursday. Is has not been a month. The dispute is between the homeowners. It is not my intention to be an arbitrator, but for two important reasons action is being taken. We are in the process of researching the history on what has happened and what representations were made. Our position may change or stay the same based on the history. There is an ordinance, section 17.24.010, which prohibits the city to issue building permits until recorded. There has been a plat amendment, but it has not been recorded. We are interpreting our ordinance until we check it out. It troubles me that this is the first time you have heard of this issue. We are withholding permits for any building in Pleasant Meadows, not just for Whiterock. The second reason is a philosophical reason. Considering that we have in our ordinance a PRUD zone/PS1-A zone, developments have to jump through the hoops on how we want the plan according to the ordinances. We should not walk away. We need to make sure it is developed the way we want and built according to those standards. We need to make sure what design standards they need to build to. That has been a policy decision and a philosophical decision. This body will be deciding what role we should take. We have a responsibility to make sure it is consistent with approvals. The planning commission recommended a modification to the zone ordinance regarding what extent the CC&R’s should be enforced. The city council will be hearing it. We are not to be referees between property owners. We are continuing to research this. We feel, given what the ordinance says, that we need to take this position. I am interested in continuing the dialogue. Merlyn Hanks: what subdivision is not recorded? Presently the ordinance is recorded. You should respect the current ordinance. Mayor Wheelwright: we are researching that. It has only been four days. We are in the early stage.
3. Public Hearing – Adopt the 2006-07 Fiscal Year Budget.
Motion was made by CM Call to open the pubic hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Mayor Wheelwright: this is the third budget meeting dedicated to the budget. Mayor Wheelwright briefed the public on the highlights, mainly being staffing proposals. Comments were asked of the public. 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 Bailey to approve by resolution the budget as outlined (Resolution 2006-I). 2nd by CM Humphreys. Voting was unanimous in favor.
4. Public Hearing – Amend the 2005-06 Fiscal Year Budget.
Motion was made by CM Call to open the pubic hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Laurie Hansen reviewed the amendments with the council. Comments were asked of the public. None were given.
Motion was made by CM Call to close the public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Motion was made by CM Humphreys to approve by resolution the budget as outlined (Resolution 2006-J). 2nd by CM Bailey. Voting was unanimous in favor.
5. Consider canceling and/or rescheduling the June 27th City Council Meeting due to elections.
Motion was made by CM Call to cancel the June 27th City Council Meeting due to elections. 2nd by CM Bailey. Voting was unanimous in favor.
Standing Reports: Councilmember’s reports on their areas of responsibilities.
Other Business:
Bob Brunson asked for a Founders Day follow-up with the council. It will be heard at the July 11, 2006 city council meeting.
Mayor Wheelwright: 1) the council needs to show up at the city office at 6:30 p.m. to formalize plans for the CERT’s mock disaster on the 16th. 2) Kara Liston was asked to participate on a committee of volunteers to facilitate a land feasibility study for secondary water on the Ben Lomond Bench. I have pledged Pleasant View City’s support. 3) The two gravel pit parties that are in litigation have been actively participating. It is frustrating because so many things are out of the city’s control. A closed meeting will be held which will be a complete analysis on the history and a planning and brain storming meeting. 4) We are finished taking application for the administrator position. There are 31 applicants. We will be putting together a committee. 5) A meeting with CM Humphreys, CM Call, Mayor Wheelwright and Fred Hellstrom was set for June 20th at 4:00 P.M. to meet with Pole Patch regarding their request to adjust the water rates.
Adjournment: 8:10 P.M.
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