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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
October 10, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
Paul Ellsworth Scott Jackson
Kent Jones
VISITORS: Ernest Nylander Carole Nylander
Clair Knight Dave Humle
Brent Hales Elaine Hales
Tom Hales Brad Orton
Lamont Hesselegesser Sue Ritchie
Tim Hjorton Mike Wimmer
Richard Christensen Glen Lent
Golden Decker John Parker
Paul Neilson Heather Neilson
Pack 130 Dee Hansen
Troop 229 Dan Barrett
Field Trip:
4:30 P.M. Those in attendance visited the area proposed for annexation at approximately 4700 N 400 W and Deer Crest Subdivision at approximately 1100 W and 4300 N.
6:00 P.M.
Flag Ceremony: Troop 229
Opening Prayer, Reading or Expression of Thought: Tim Wheelwright
Comments or Questions for the Mayor and Council for items not on the agenda
No comments from the public.
Mayor Wheelwright reported on the field trip and introduced ‘Let Me Speak with the Mayor’ an open forum to be held the third Tuesday of each month starting October 17, 2006 at 6:00 P.M.
Consent Items:
Motion was made by CM Bailey to approve the consent items (business licenses to Nationwide Floor & Window Coverings, Western States Rebar Fabrication, and Pure Power Electric Service LLC, minutes of September 12, 2006 (open and 2 closed minutes) and September 26, 2006, and the bills of Pleasant View City). 2nd by CM Ferguson. Voting was unanimous in favor.
Business:
1. Conditional Use approval for Orton Construction at 2758 N 1600 W in the Parkland Business Park for a construction company office. (Presenter: Bruce Talbot)
Bruce Talbot reviewed the staff report.
Motion was made by CM Bailey to approve a conditional use permit for Orton Construction at 2758 N 1600 W in the Parkland Business Park for a construction company office upon acceptable resolution of moving the drainage ditch. 2nd by CM Humphreys. Voting was unanimous in favor.
2. Conditional Use approval for Lomond View Nursery/Reception at 304 W Pleasant View Drive for an expansion of reception area. (Presenter: Bruce Talbot)
Bruce Talbot reviewed the staff report.
Motion was made by CM Ferguson to approve a conditional use permit for Lomond View Nursery/Reception at 304 W Pleasant View Drive for an expansion of reception area with the recommendation given in the staff report. 2nd by CM Humphreys. Voting was unanimous in favor.
3. Consider equipment swap. (Presenter: Paul Ellsworth).
Paul Ellsworth requested to swap the 1997 New Holland backhoe that the city owns for a skid steer loader at no cost. Paul Ellsworth: they have options that can be added to it later.
Motion was made by CM Bailey to approve the equipment swap. 2nd by CM Humphreys. Voting was unanimous in favor.
4. Consider adopting a Residential Solicitation Ordinance.
Mayor Wheelwright: the city’s insurance company, Utah Local Governments Trusts covers claims and also advises us on potential claims. We were contacted by them and were made aware of the situation regarding solicitors. Our legal counsel didn’t review the ordinance. It would be an unnecessary expense.
Motion was made by CM Clifford to adopt the solicitor ordinance as presented (Ordinance 2006-6). 2nd by CM Bailey. Roll Call Vote. Voting Aye: CM Ferguson, CM Clifford, CM Call, CM Bailey, and CM Humphreys. Motion passed.
5. Consider acceptance of Annexation Petition for further consideration and to begin certification and publishing of notices. Proposed annexation is located north of 2700 N and west of HWY 89. (Presenter: Bruce Talbot)
Bruce Talbot: the property is owned by Bert Smith. UTA will acquire ½ the property and the other ½ is proposed commercial. It is a 45 day annexation process. The petitioners delivered a copy to the county. It is a positive step forward.
Motion was made by CM Bailey to accept the annexation petition for further consideration. 2nd by CM Humphreys. Voting was unanimous in favor.
6. Pole Patch – Request water bill adjustment. (Presenter: Mike Wimmer)
Mike Wimmer: you are all aware of the issue and I apologize for the excess use of water in August and September. We were shocked and embarrassed and we wanted to prove that we could conserve water. The system is now on automatic and we are checking it daily. Johnson Electric outlined steps for the system. Our approach is to ask for help to defray costs to the citizens of Pole Patch. Mayor Wheelwright: the cost to pump the water is approximately $.30 per 1000 gallons with a cost of $1,500 to Pole Patch for overage. Laurie Hansen: August’s bill was $8,645 and September’s bill was $9,775. CM Bailey: Tried to make a comparison between a business trip wherein he broke a fuel line in his truck and how unfortunate it was that Pole Patches water system had malfunctioned. Although we would like to help deserving citizens, it would be unfair to everyone else in the community to have to subsidize your misfortune. You were contacted about the problem and the problem continued. If we open this Pandora’s Box, as a City, we are asking for a lot of trouble. It’s hard to justify a write-off because a PRUD’s private water system failed. It not the City’s problem. The resource as produced by the City is lost and the citizens of Pole Patch are responsible. The 5.5 million gallons are gone and likely it didn’t go back into the aquifer as was suggested by Councilman Clifford. If we knew that the water used in Pole Patch just ran back into the aquifer, we’d just allow you to water your lawns all the time at no additional cost, unfortunately that is not the case. Its hard to justify any adjustment, especially this much. It is not fair for citizens to step up and pay the bill. Mike Wimmer: the city has been generous. Craig Larson got a relief. CM Clifford: I would like to excuse myself as a city councilmember. This is a windfall to the city for a portion of it. We are not asking the citizens to pay it. It doesn’t cost $12,000 to deliver water. CM Bailey: it does however cost money to produce. I would not be as opinionated on the subject if the water problem would have been corrected after being notified. CM Clifford: within two days we had it shutoff. Some Pole Patch citizens got called by the autodialer but they didn’t know what to do. CM Ferguson: Pleasant Meadow PRUD had a problem and we had to pay the bill because it was on our side of the meter. I feel for this and for the citizens. Mike Wimmer: we want to pay for the cost. We are asking for relief on the overage. Mayor Wheelwright: do you have costs to address the items sent in the e-mail? Mike Wimmer: not yet. CM Clifford: reprogramming and to put up lights are minimal. The third redundant system we're not sure how to do that. CM Humphreys: how was overages handled in the pass? Laurie Hellstrom: there are formulas in the ordinance and the superintendent can only grant an adjustment to an individual every five years. Pole Patch already received one adjustment in the past two years and that is why they are appealing. Mike Wimmer: we have paid a premium in the past. We understand costs. CM Bailey: 35% of the total water used in the city during the month of August was for 26 people. CM Clifford: we should pay actual cost for water. Net the windfall to city. We will pay $18,420 on the water bill. CM Bailey: it would have been $22,000 if the fees were not changed. The best estimate of $2.00 for 5 million gallons equals $10,000. Mike Wimmer: we forgo a lot of privileges of the city. You don’t snow plow our roads. CM Bailey: What the citizens of Pole Patch receive from the city is a different issue. We don’t want to go there. You chose to live there Fully understanding that Pole Patch was a PRUD. That’s enough. I would like to make a motion. Mayor Wheelwright: before you make a motion I would like to get a better handle on the costs. CM Humphreys: I am concerned if other citizens would ask us to do and we represent the city and them. Mayor Wheelwright: possibly. Residents could have a similar problem. We are setting a precedent. We are saying ‘If you have a problem it is your fault’. CM Bailey: we are establishing a precedent of giving money back each time someone has a water problem. Mayor Wheelwright: We need to be concerned on the flip side also. If there is an ultimate problem the city has no way to make an adjustment. CM Humphreys: how fair is that to others. Come up with an answer and I’ll be fine. CM Bailey: Let me say it again, it is a mistake to make an adjustment. Pole Patch is a private community and they ignored the warnings provided by their own system. Mayor Wheelwright: that is not accurate. They were first notified in a closed meeting. CM Bailey: no, their auto dialer called, but people ignored it. It’s not just the pump but the ability to communicate that failed. We are opening a can of worms. This kind of request has never be made. It was 5.5 million gallons of water. A resource that the city produced, and is now gone. I don’t buy the windfall theory. The water went through the meter. There are only a few PRUD’s in the city and adjustments to water bills need not be given again. John Parker: I usually take care of the water system in Pole Patch. When I am out of town there is not a lot to take care of. You always have problems with water. We put up visuals and it shuts down. It now works. Any water system is going to have problems. There is a provision in the records on how to handle this. CM Humphreys: it was not just an accident. Obviously it was neglect. It is hard to swallow. CM Clifford: if someone were to find a green spot on their property then they may realize there is break in their system. We had an auto dialer and they didn’t know what to do. It’s the same deal. John Parker: we’ve helped the city. Your pumps flooded and I call Fred. Mayor Wheelwright: are there any questions of Pole Patch. Sue Ritchie: I’m concerned. Cost is substantial. We need to build up capital to maintain the system. It should be included in the cost amount along with growth. It will fall short if we don’t keep ahead of capital costs. You’re on a hill. It’s a private system with a special obligation and they didn’t do their job. It is a disservice to the citizens. Your system failed because you weren’t prepared. The system will have to be replaced with more costs. Mike Wimmer: as Pole Patch Subdivision we assess homeowner fees and they go up each year. This overage was not anticipated or planned for. We hope you accept our request for relief. Mayor Wheelwright: our system and water rates needs to reflect the cost to produce water and capital reserve to replace the system over time rather than take out bonds. I remember the $10.00 base rate for X number of connections over twelve months should cover operating cost. We don’t come near that. It should be $19.00 per household. We are subsidizing $9.00 per month. If the base rate was raised to $19.00 none of us would be here. In reality people are not ready to bear the cost to maintain the system. We go steadily into the hole and not capitalize. Dan Barrett: I don’t know the cost. It is up to you to know whether the base rate should be $19.00 or $10.00. It is a tough decision, but that is why we elected you to represent us. You are elected to do that. Golden Decker: Larson had a leak and the city forgave most of the bill.
CM Bailey: I tried to make a motion 45 minutes ago, I would now like to make that motion. A motion was made by CM Bailey to deny the request. It is unfortunate. The water is gone and used. It is a lesson for us all. Is it no ones fault? Motion died for a lack of second. CM Clifford: abstained. CM Ferguson: do we really have all the costs associated with producing water? Mayor Wheelwright: the assignment has been given. Obviously the process needs to be fined tuned. We need to know the cost to deliver the water. It is reasonable to study it more and give us the opportunity to look at this. CM Clifford: the actual cost of water comes out to be pennies. CM Humphreys: there more to it than that. We are in the hole in the water system. CM Clifford: I don’t think so. CM Ferguson: we represent 6,500 people. It needs to be fair for all citizens. We need more data. CM Bailey: all the data will not bring back 5.5 million gallons. Mayor Wheelwright: we want to get away from playing favorites. CM Clifford: What is the actual cost to the city for that 5.5 million to go down the drain? CM Bailey: you recused yourself. You shouldn’t be allowed to stay on the stand, let alone speak, You should be in the audience not sitting in your council chair! This is a hot issue. The real issue is he shouldn’t talk about this up here. He should be down there. Dan Barrett: there is a demand for mercy and justice. Is there a relief policy? If not, go with CM Bailey or create a policy. Mayor Wheelwright: is there any opposition to form a committee to study this? CM Humphreys: no, but what has been the precedent in the past? Mayor Wheelwright: there is a policy in the ordinance. Sue: that policy is for individuals not systems. Mayor Wheelwright: the policy only applies to the water superintendent to grant every five years. CM Call: and then they appeal to the city council. Mayor Wheelwright: we need to deal with it objectively. I can foresee this happening in the future and we need to find an objective way to resolve matters and take the emotion out of it. CM Humphreys: we are learning from it.
Motion was made by CM Call to table the request, form a committee, and bring back to the city council a better picture for an adjustment policy. 2nd by CM Humphreys. Voting Aye: CM Ferguson, CM Call, and CM Humphreys. Voting Nay: CM Bailey. Motion passed.
CM Call and CM Humphreys both volunteered to be on the committee. John Parker: can we be involved. City Council: no. Mayor Wheelwright: we need to be objective and not under the circumstance. The committee formed consisted of: Mayor Wheelwright, CM Call, CM Humphreys, Fred Hellstrom, Paul Ellsworth, Laurie Hellstrom, and Greg Seegmiller. The information will be available for the October 24, 2006 city council meeting.
Mayor Wheelwright: From now on, it will be the policy if one recuses oneself, that council member is to step down and go to the audience. I had heard from Jody that the recused should not even speak, yet we want all the information. CM Call: the disclosure is the most important part and to step down into the audience highlights that.
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)
Mayor Wheelwright: none. CM Humphreys: Jessie Creek will be online soon with the radar system. 600 W is closed for the installation of a water line for future development and commercial. CM Ferguson: starting Thursday the Hales’ will begin the sprinkler system at the roundabout and we will be going over the landscaping to the east of the roundabout. The Helen Packer tree will be placed in the central part of the landscaping. Monday I will be checking out the sign with Paul Ellsworth. There is a motto contest for the sign. The Youth Council painted the building by the city office. I would like to have them cleanup the area by the city signs. I would like to be involved in the recreation meeting with Paul Ellsworth and Steve Moore. I have been attending the planning commission meetings.
Other Business:
Mayor Wheelwright: the city received $2,000 from the RAMP tax grant.
Mayor Wheelwright: there is 1.65 acres north of Cherrywood for the possibility of expanding Cherrywood by adding 6 units. They first need to work out a deal with Cherrywood, but we need to be thinking about concerns in the PS1-A ordinance which requires 20,000 sq.ft. per unit/dwelling. Cherrywood currently has 18,000 sq. ft. per unit and they are not currently in compliance. With an expansion it would take the square footage down to 16,500 sq. ft. per unit. The homeowners association has stated that it is a cost burden to maintain the open space. A copy of the PS1-A ordinance will be given to each councilmember. The planning commission is undertaking looking at the standards in the ordinance.
Mayor Wheelwright: I got a call from Boyer Co. in regards to the area of the EDA. Their water engineer recommends that a ground water monitor be installed before winter. All the property owners want to, but not all are able to bear the cost. Boyer Co. approached the city and suggested advancing the cost and recouping it later. The cost is $16,000. CM Call: I would like an agreement that it is paid back when the property sells, not through tax increment. Mayor Wheelwright: it can be used as an incentive to bring the property owners together to work and commit. CM Clifford: they should apply as an EDA group.
Adjournment: 9:05 P.M.
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