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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
November 14, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford (excused)
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
Paul Ellsworth Scott Jackson
Fred Hellstrom
VISITORS: Wallace Haun Bill Virgil
Colette Virgil Mike Workman
Kathy Workman Austin Workman
Clair Knight Dave Hulme
Chris Bailey John Reynolds
Casey Bischoff Ryan Arbon
Mrs. Owens Bill Francis
Pledge of Allegiance: Mae Ferguson
Opening Prayer, Reading or Expression of Thought: Mae Ferguson
Comments or Questions for the Mayor and Council for items not on the agenda: None
Consent Items:
Motion was made by CM Call to approve the business licenses (M&B Remodeling Services LLC with the exception to the only persons of the residents of the premises shall be employed on the premise, Ames Piano Tuning, Golden Aide Communications, Inc., and JOS, Inc), and the bills of Pleasant View City. 2nd by CM Bailey. Voting was unanimous in favor.
The minutes of October 10, 2006 are tabled to the next agenda.
Business:
1. Presentation on Channel 17 and authorization of letter to Comcast requesting an educational and governmental access channel as its agent for administration of the channel. (Presenter: Bill Francis)
Bill Francis: we are trying to expand Ogden’s Channel 17 into all of Weber County. There is no cost to the city. 40% of the population in Weber County has Comcast. If the city wants to include a calendar the price is base on population and would be $125 per month and it would air 20 to 60 times a day. It would cost $3,000 to throw the switch to provide coverage in Pleasant View and the station will be covering the costs.
Motion was made by CM Call to approve and authorize the Mayor to sign the letter to Comcast. 2nd by CM Bailey. Voting was unanimous in favor.
2. Recognition of service to the Pleasant View City Youth Council. (Presenter: Mayor Wheelwright)
CM Ferguson: the youth council’s activity was a car wash to raise funds to help a husband return home from Cuba during his leave. The youth council raised over $700. The kids worked hard and had fun. Mayor Wheelwright: we would like to publicly recognize them.
3. Report on Eagle Scout project – ‘orienteering’. (Presenter: Austin Workman)
Austin Workman presented his orienteering project and thanked those that helped him. He put in a total of 205 hours. The total cost amounted to $137.69 which the city will reimburse.
4. Select the City Motto. (Presenter: Mae Ferguson)
CM Ferguson: there were 62 entries. It was narrowed to the top three entries of, ‘A Treasure in Ben Lomond’s Shadow,’ ‘The Best of the Past, Present, and Future’, and ‘Come for the view. Stay for the people.’ There was a tie between the first two mottos. The audience was polled to break the tie. ‘A Treasure in Ben Lomond’s Shadow’ won the motto contest which was submitted by Heather Gale. Heather will be invited to the next city council meeting to be presented the award.
5. Quail Creek Subdivision – Request final acceptance and end the guarantee period. (Presenter: Bruce Talbot)
Bruce Talbot gave a brief history. Bruce Talbot: no compaction tests were taken on the road. A copy of the minutes of February 8, 2005 are in the packets. The road had a complete review by Jones and Associates and Hansen and Associates. It’s been three years since the road was installed. This project has never received conditional final for the guarantee period. I have given you three options in the staff report. Ryan Arbon: no one would bond us for the $50,000.00 requested.. If the road was in for three years we thought we could get some relief from the city council. We opted not to come to the city council because of the transition in engineers and the bond issue. Mayor Wheelwright: conditional acceptance is a required step in the process and it’s not the city’s responsibility to see that its brought to the city. Bruce Talbot: time has been established in arrears before. Mountain Vineyard is one example. CM Call: when was the last improvement done? The engineer’s letter was referred to. Ryan Arbon: the last inspection was approximately October 31, 2006. CM Humphreys: it’s no problem to start the clock at October 31, 2006. CM Call: but not on the road. The prior agreement was for seven years and it has only been 3 years, and this is not final. Mayor Wheelwright: a cul-de-sac is not a heavy traveled road. Settling takes longer on a less traveled road. CM Humphreys: they have the benefit of better soil to work with.
Motion was made by CM Bailey to approve conditional acceptance of Quail Creek Subdivision and begin the two-year guarantee period subject to payment of the chip & seal and payment of all fees owed to the city and to begin the seven year warranty period for the road, (beginning February 8, 2005) and the two year warranty period for the subdivision, (beginning October 31st, 2006). 2nd by CM Call. Voting was unanimous in favor.
CM Call: it was an appropriate motion. If the seven year period was changed it would have had to be noticed on the agenda.
6. Public Hearing – Lot line adjustment for Lot 204 and 205 of Majestic Heights Subdivision. (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 gave some background information. Bruce Talbot: the planning commission recommended approval. No public comments were made.
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 Call to approve the lot line adjustment for Lots 204 and 205 of Majestic Heights Subdivision. 2nd by CM Humphreys. Voting was unanimous in favor.
7. Conditional Use Permit for a barn on property at 4832 Jessie Creek Drive in Pole Patch. (Presenter: Bruce Talbot)
Bruce Talbot: the barn is in a sensitive overlay area. CM Bailey asked if it was a bona fide agriculture barn. Mrs. Owens: it is just a barn.
Motion was made by CM Call to approve the condition use permit for a barn on property at 4832 Jessie Creek Drive in Pole Patch. 2nd by CM Bailey. Voting was unanimous in favor.
8. Hidden Springs Subdivision – request subdivision approval property located at between Pleasant View Drive and HWY 89 at 1800 W. (Presenter: Bruce Talbot)
Bruce Talbot: all is in place. Casey Bischoff: we met with the Himelwrights this morning. The easement is a separate parcel and it will be deeded to the Himelwrights. The fence issue is resolved. We will be fencing the whole subdivision with a vinyl fence. Paul Ellsworth: where will the storm water be going? Casey Bischoff: under UDOT’s R-O-W, and then I don’t know. Paul Ellsworth: it will need an oil separator for the oils from the road. It is the same issue as with Woodruff Auto.
Motion was made by CM Bailey to grant final approval as proposed. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Bailey, and CM Humphreys. Abstained vote: CM Call. Motion passed.
CM Call: I abstained because Casey’s father is my boss.
9. Consider adopting an agreement dissolving the Weber Area Consolidated Dispatch Center and providing that any and all property owned by the center shall be transferred to the Weber Area Dispatch 911 and Emergency Services District.
Motion was made by CM Bailey to approve the agreement. 2nd by CM Call. Voting was unanimous in favor.
10. Pole Patch – Request water bill adjustment.
Mayor Wheelwright: this have been on previous agendas. It was tabled, and a committee formed to determine the actual cost on delivery of water (a handout was prepared for the committee determination attached). Pole Patch thinks the overage was $11,000. According to our calculation/formula the write-off is $7,761.
Motion was made by CM Call to write-off ½ of $7,761 because of the policy the first month was unforeseen and the second month was inexcusable. Motion failed for lack of a second.
CM Bailey: this is not a Pole Patch issue for me. It doesn’t matter who it was, it would apply. If the current ordinance is followed they received write-off in the five years. Because of my obvious opposition I decide I would call citizens and ask. I talked to 30 people. Only one citizen out of 30 suggested looking at the cost to supply water and all the others were opposed to a write-off. I did tell them where and what happened. Inasmuch as I am here to be the voice of the people, and based on this policy…...
Motion was made by CM Bailey to deny the request. 2nd by CM Ferguson.
Discussion on the motion. CM Ferguson: why I seconded the motion. I talked to people at random. My feelings that we already gave an $800 adjustment and we changed the water rates which I feel the people that benefited and helped the most were Pole Patch. CM Call: I want to make sure the policy is understood. The ordinance should be understood that the 5 year policy that shifts the burden from the water superintendent who can only give the write-off every five year and if more frequent they go to city council. I meant that he can only grant one every five years. Mayor Wheelwright read the policy. Fred Hellstrom: the last adjustment was made by the city council. CM Bailey: How often to residents request adjustments? We get those that have leaks and come in for the adjustment. There are approximately one adjustment given every other month. Mae Ferguson: Mike Wimmer did take responsibility for it. John Parker was gone and the others didn’t know what to do. It was human and machine error. CM Call: that was part of my motion. Part was unforeseen and then it should have been corrected the next month. CM Humphreys: it was total neglect up there. I don’t want to penalize others when asking for adjustments. CM Bailey: the circumstances in this situation were so unusual. This is not a normal request or adjustment.
Vote. Voting Aye: CM Ferguson and CM Bailey. Voting Nay: CM Call and CM Humphreys. Mayor Wheelwright broke the tie vote with a nay vote. Motion did not pass.
Motion was made by CM Humphreys to write-off 25% of the $7,761 = $1,940.25. The rationale to give them a break for the first two weeks. 2nd by CM Call. Voting Aye: CM Ferguson, CM Call, and CM Humphreys. Voting Nay: CM Bailey. Motion passed.
11. Consider amending the consolidated fee schedule for GRAMA research, home occupation business licenses, solicitor certificates, and BCI check.
Motion was made by CM Ferguson to accept the resolution amending the fees (Resolution 2006-L). 2nd by CM Humphreys. Roll Call Vote: Voting aye: CM Humphreys, CM Call, CM Bailey, and CM Humphreys. Motion passed.
CM Call: the fees for copies of tapes and CD’s need to be addressed.
12. Budget items.
a. Quarterly review of the current year budget.
b. Review the accounting of the revenues and expenditure of the impact fees.
c. Projects updates. (Presenters: Paul Ellsworth, Fred Hellstrom, & Laurie Hellstrom)
Laurie Hellstrom reviewed the budgets with the council. The impact fees were also reviewed. Two impact revenues have funds that need to be spent. The Storm Sewer and Open Space Fund. The Storm Sewer Fund has funds that needs to be spent this fiscal year. Paul Ellsworth: Kent Jones will re-evaluate the storm sewer fees and the fee on the detention basin. 600 W is open. The parks are still on going. The playground equipment should be done by December in order to keep the RAMP grant funds. We lost the ground we were looking at for open space (the Moore property). 500 W is completed. 3650 is completed and striped. On the animal shelter we will put a roof over it and enclose it in. Fred Hellstrom: they are grubbing the area for the reservoir. They should be digging later on in the week. Their time line is ticking. The 800 W water line will start in the spring time. Scott Jackson discussed opening the budget for a TEP/code officer and submitted a handout to the council. Scott Jackson: the position will fund itself.
Standing Reports: Councilmember’s reports on their areas of responsibilities
(2nd Tuesday: Reports from Mayor Wheelwright (WACOG, North View Fire Agency), Councilman Humphreys (Culinary and Secondary Water and Parks), and Councilwoman Ferguson (Beautification and Activities.))
Mae Ferguson thanked the Youth Council for the service projects and all those that helped with the roundabout and the city motto.
Mayor’s Report:
Mayor Wheelwright gave an update on the heavy trucks. Mayor Wheelwright: we are raising awareness of the issue with the state and county and to see if funds are available for the area between 900 W and HWY 89. A letter of intent was submitted to WFRC and we are in process of completing an application. It is due to WFRC by January 12, 2007.
Mayor Wheelwright: we have tasked Mike Houtz with drafting an institutional memory on the truck issue. It should be ready by the end of November to mid-December.
Mayor Wheelwright: the traffic ordinance will address the extension of the truck route, the truck speed, and the fees for overweight limitations so that all the fees don’t go to the state.
Mayor Wheelwright: the North View Fire Agency’s strategic planning is moving along. North Ogden wants the committee to vote on the planning according to the ‘choosing by advantage’ method. One additional person for the decision making can come aboard and if the city council has no objections I would like to have CM Call be that person. No objections were made. The options for the agency are having their own service district or joining with another service district. Later a consolidation of fire and police can be considered.
Mayor Wheelwright: Craig Smith, our EDA attorney, said that the annexation area have several tenants interested in retail development. The area is not part of the EDA and asked if the city had any tools to provide incentives. He mentioned a CDA (Community Development Agency) which is the same theory of a tax increment but the city only participates on local agreements and other entities could chose to be involved. The corridors could be designated as CDA’s. The county is not going to protest the annexation petition and it will be moving forward.
Other Business:
CM Bailey: North Ogden is interested in joining forces and combining efforts in a museum. Mayor Wheelwright: Earl Cragun Trust gave $7,000 for that purpose.
Dave Hulme suggested changing the policy for water breaks to a policy that each household have a maximum amount that can be written-off. Then they don’t have to worry that they only get one shot in every five years.
Adjournment: 9:30 P.M.
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