MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH

MAY 9, 2006

MAYOR: Tim Wheelwright

COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys

STAFF: Laurie Hansen Bruce Talbot Paul Ellsworth Scott Jackson

VISITORS: Wallace Haun Frank Maughan
Alan Casey Clair Knight
Colette Virgil Bill Virgil
Todd John Bruce Jones
Dave Hulme
Michaelene Grassli
Leonard Grassli

Meeting was called to order at 6:10 P.M.

Opening prayer, reading or expression of thought: Mae Ferguson
Pledge of Allegiance: Mae Ferguson
Comments or Questions for the Mayor and Council:
Wallace Haun: I appreciate having the address locations of developments noted on the agenda and the microphones at the meetings.
Consent Items:
Motion was made by CM Call to approve the Minutes of March 21, 2006 and March 28, 2006 and business licenses to Scott Skaggs for a property holding company, Andrew Jorgensen for a tree trimming business, and Kim Co Auctions for a one day auction. 2nd by CM Bailey. Voting was unanimous in favor.

Business:
1. Recognition of Michaelene Grassli – Utah’s Mother of the Year (Presenter: Mayor Wheelwright.
Mayor Wheelwright: I would like to start a Resident Recognition Award Program to promote and reach out to the community for a greater sense of community and to honor those in the community that have had honors bestowed upon them.
Mayor Wheelwright: in behave of Pleasant View City we would like to recognize Michaelene Grassli and extend congratulations to her as Utah’s Mother of the Year.

2. Discussion and/or action on an ordinance vacating Majestic Heights Subdivision No. 4, Lot 92, along with all the easements, and vacating a portion of 4400 North right-of-way. (Presenter: Bruce Talbot)
Bruce Talbot: this was approved by the city council last year as a plat amendment. I believe it got caught in the transition with the engineers and it didn’t occur. The subdivision was called Sunset Estates.
Motion was made by CM Call to approve the vacation of Majestic Heights Subdivision No. 4, Lot 92, along with all the easements, and vacating a portion of 4400 North right-of-way (Ordinance 2006-1). 2nd by CM Clifford. Voting Aye: CM Ferguson, CM Clifford, CM Call, CM Bailey, and CM Humphreys.

3. Discussion and/or action on a revision to the final subdivision approval for Casey Subdivision, located at approximately 1025 W Mountain Orchard Drive. (Presenter: Bruce Talbot)
Alan Casey: the original plat was okay. Brent Bailey designed his road to come to our subdivision. There is an overlay piece of ground owned by Rick Singleton and ourselves. I have asked Rick Singleton to sell me the ground, he agreed, and then changed his mind. He is now asking $35,000 for that piece of ground. The piece of ground will be 90% sidewalk and roadway. I have been asked to stop the subdivision until it is recorded. Mae Ferguson: has Kent Jones done the final. Bruce Talbot: yes, but it is unable to be recorded. Mike Humphreys: Brent Bailey should have had an easement for his subdivision for the turnaround on that piece of ground. Alan Casey: we knew of the conflict before we granted the easement to Brent Bailey and he needed to check it out. Mike Humphreys: will Rick Singleton fence off Brent Bailey’s turnaround. Alan Casey: yes, if Rick doesn’t get paid enough. We will have a turnaround in our subdivision. The city could require the road to be put through. CM Call: will Lot 1 have a restriction on it? Alan Casey: only if the city council requires it, but it is not fair on a dead-end road. CM Clifford: in the long-term there is a road issue. CM Call: the problem is the potential of shifting the problem to the city to finish the road and the cost will be to the city. CM Bailey: what efforts are being made? Alan Casey: Brent Bailey has offered to buy Singleton’s entire property. I will finish the road and have the plat amended once the piece of ground is resolved. Mayor Wheelwright: my concern is that we are being asked to arbitrate a dispute between two property owners. We were lead to believe that Casey’s owned the property and there was not a problem. It now comes to light that there is a problem and it is not wise for the city to resolve the issue that is not our role. I am concern with having two dead-end streets. We need to stick with the ordinance as written. It is not a good policy to create such a situation. We were told and believed that you owned the property. At minimum the lot should be restricted, but I am more in favor of having the issue worked out. I am concern with setting precedent to make an accommodation of this type and compromise. We didn’t ask to subdivide this property. This is a private property deal and it needs to be resolved. Alan Casey: I am asking for leniency on this subdivision. CM Clifford: When the subdivision first started, did you know the property was in dispute. Alan Casey: I knew it was in dispute. I should have gotten something in writing from Rick Singleton. Mike Humphreys: I think this could be solved in court. CM Clifford: There are two subdivisions and eventually the piece of ground in question will have to be condemned. We need something to keep it going to be resolved. Mayor Wheelwright: If the restriction on lot 1 is not put on the lot it gives him the incentive to sell. If a restriction is placed on the lot, we create leverage for one over the other. We don’t want to condemn anything. It puts us in the position to be the bad guys and why should we. Alan Casey: Brent Bailey put you in that position. CM Call: this is a land issue for the courts or surveyors. Alan Casey: I don’t have that time. Frank Maughan: we discussed this for two hours at the planning commission meeting. We made a motion on good faith that Casey thought they owned the property and it may not belong to Rick Singleton. We recommended approval with a restriction to lot 1.
Motion was made by CM Bailey to approve the revised final subdivision for Casey Subdivision with the condition of an “R” (restriction) to be placed on Lot 1 and that every effort will be made by the petitioner to resolve the matter with the other landowner and that the funds for that piece of ground of road be placed in escrow, and to lift the stop work order after it is recorded. 2nd by CM Humphreys.
Discussion on the motion. CM Ferguson: will the city be responsible for that piece of ground? Mayor Wheelwright: if the city has to condemn, the city will have to buy 3,000 sq. ft. of land at the fair market value. The $35,000 to purchase the land should be escrowed.
Voting was unanimous in favor.

4. Discussion and/or action for subdivision approval of TKJ Subdivision ( a lot split), located at approximately 1100 W Pleasant View Drive. (Presenter: Bruce Talbot)
Bruce Talbot: there is an existing home on the lot. The planning commission recommended approval with deferral of improvements (sidewalks are the only improvement lacking) and meet all zoning requirements.
Motion was made by CM Call to approve the TKJ Subdivision subject o staff recommendations. 2nd by CM Humphreys. Voting was unanimous in favor.


5. Discussion and/or action for subdivision approval of Deer Crest Phase 2, located at approximately 4300 N 1100 W (Presenter: Bruce Talbot)
Bruce Talbot: Phase 1 & 2 should be done together for the open space and detention basin issues. A specific value will be established for the protection strip on the east side of 1100 W.
Motion was made by CM Clifford to approve Deer Crest Phase 2 subject to staff recommendations and the same recommendations listed for Phase 1. 2nd by CM Ferguson. Voting was unanimous in favor.

6. Report: Community Emergency Response Team. (Presenter: Jill Mitton)
Jill Mitton presented and asked for support on the fourth annual Cert Founders Day activity- a mock disaster. The notice will be placed on each city council agenda advertising the activity.

7. Presentation: North View Fire Agency’s 2006-7 proposed budget. (\Presenter: Lynn Froerer, Fire Chief)
No presentation. The fire chief was out of town.

8. Report: Potential betterments for the UTA Commuter Rail Station in Pleasant View (Presenter: Bruce Talbot)
Bruce Talbot: UTA is willing to offer a base cost station platform and canopy, but Pleasant View can dovetail to that price by adding betterments to the station which UTA will maintain. There can be a change in color, lighting, fencing, landscaping, small art, benches, etc. The city could do a lot with $20,000 to $30,000. Mayor Wheelwright presented five names for a committee. CM Ferguson was also included. The names were all acceptable to the council. CM Clifford suggested the funds be raised from the residents for plaques. Bruce Talbot: UTA has assured me of their intent to be part of Pleasant View City.

9. Discussion and/or action on the completion of improvements for the roundabout. (Presenter: Paul Ellsworth)
Paul Ellsworth: we have received nothing from UP&L regarding the moving of the power pole. I recommend and ask approval for Advanced Paving, on their open contract, to have the islands of the roundabout completed with stamped concrete except for the inner circle. Mayor Wheelwright asked Paul to prepare a letter to UP&L with his signature on it regarding our waiting period for the removal of the power line. Discussion continued on a center piece and having the roundabout planted for Founders Day.

10. Discussion and/or action on the City’s tentative budget for the 2006-7 fiscal year. (Presenters: Mayor Wheelwright and Laurie Hansen)
Mayor Wheelwright presented a tentative budget. It is not a final budget. There will still be discussions on it. The deadline for the adoption of the final budget is June 22nd. I would like to propose at least two budget workshops to give more opportunity for questions. Mayor Wheelwright reviewed the highlights of the tentative budget. Frank Maughan asked that the council consider purchasing one acre by UTA tracks for a veteran’s memorial site.
Motion was made by CM Humphreys to adopt the tentative budget for the 2006-7 fiscal year as presented with one change to the transfer to the RDA Fund. 2nd by CM Clifford. Voting was unanimous in favor.

11. Set a public hearing to adopt the City’s 2006-70 fiscal year budget. (Presenters: Mayor Wheelwright and Laurie Hansen)
Motion was made by CM Humphreys to set a public hearing June 13, 2006 for the adoption of the City’s 2006-07 fiscal year budget. 2nd by CM Bailey. Voting was unanimous in favor.

12. Set a public hearing to amend the City’s 2005-06 fiscal year budget. (Presenters: Mayor Wheelwright and Laurie Hansen)
Motion was made by CM Bailey to set a public hearing June 13, 2006 for the amendment of the City’s 2005-06 fiscal year budget. 2nd by CM Humphreys. Voting was unanimous in favor.

13. Set the City Council’s areas of responsibility for 2006.
Motion was made by CM Bailey to approve the council’s areas of responsibility for 2006 as presented. 2nd by CM Humphreys. Voting was unanimous in favor.
Mayor Wheelwright requested that the councilmember report on their areas of responsibility as a standing report item on each regular council meeting (1/2 of the items will be presented at each of the regular meetings). The Mayor and Council will report on the following responsibilities:
Mayor Wheelwright - WACOG and the North View Fire Agency.
CM Bailey - Public Safety.
CM Call - Open Space Acquisition and Streets.
CM Humphreys – Culinary and Secondary Water and Parks.
CM Ferguson – Beautification and Activities
CM Clifford – CERT.
The deadline to have the goals and plans for each area of responsibility is the July 11th City Council Meeting.

14. Request waiver of fees for the use of the Shady Lane horse arena.
Paul Ellsworth: Loni Wilde has taken care of the arena for twenty plus year. She has supplied the equipment and manpower. It is also a benefit to other groups. I would like to recommend a waiver of the fees for Loni.
Motion was made by CM Bailey to waive the fees for any Pleasant View City resident. 2nd by CM Humphreys. Voting was unanimous in favor.

15. Discussion on filling the city administrator position. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: I have not sent out any official advertisement to fill the position. I would like to start some talk about it. Discussion continued. Mayor Wheelwright will continue with the advertisement for the position with the option of not having to hire anyone of the applicants.

Adjournment: 9:35 P.M.

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