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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
September 12, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot Paul Ellsworth Scott Jackson
Mike Houtz Jody Burnett
VISITORS: Jerry Larsen Fred Wolff
Elizabeth Fought Jim Fought
Alan Bryner Wayne Geary
Colleen Geary Wallace Haun
George Christopher Charlotte Christopher
Connie Rhees Bruce Forsyth
Sheila Davis Dennis Davis
Jay Wells Mike Caron
Bill Caron Steve McLaughun
Dick Jensen Carolyn Jensen
Roland Federly Patricia Federly
Mary Jensen Scott Larkin
Kathleen Boardman Michele Thorpe
Kelly Ricks Philip Coy
Alan Ferrin Clair Knight
Morris Parry Janeen Parry
Dee Ritchie Elizabeth Ritchie
Bob Barclay Nancy Barclay
Clint Williams Marva Williams
Gary Greenwood Carol Greenwood
Randall Bates Elizabeth_____________
Robert Hooper Dave Hulme
Max Poppleton Glade Campbell
William Barker Ivan Johnson
Tim Healy Ray Lewis
Todd John Sam Jorgensen
Marlene Jorgensen Lee Van Sweden
Portia Van Sweden John Hansen
Anne Hansen Lewis Campbell
Richard Christofferson Carilyn Christofferson
Steven Barker Michelle Barker
Marilyn Irdld? Kerry Sanofsky
Eileen Sanofsky Michelle Kay
Danny Johnson Michaelen Grassli
Gloria Jenkins Russ Lee
Shirley Lee Kelly Kap
Kim Kap Brad Jones
Jennifer Jones Julie Farr
Randall Knight Dennis Farr
Scott Sangberg Alicia McLaughun
Tucker Nipko Steve McQuiven
Norma Liston Matt Riffkin
George _______ Melissa Judd
Meeting was called to order at 6:00 P.M.
Flag Ceremony: Troop 29
Opening prayer, reading or expression of thought: Kevin Bailey
Comments or Questions for the Mayor and Council:
Dave Hulme: I am a North Ogden City resident. I am inviting all to attend a celebration for constitutional day at Saint James Capital Church.
Bill Barker: where are we at in finishing naming Barker Park? Mayor Wheelwright: we are in the process. We are waiting for Rex Child to review it.
Jay Wells: how do we get the city to approve a 4-way stop sign in Westview Subdivision to regulate speed? Paul Ellsworth: someone needs to be killed before there can be a 4-way stop sign. Steve Mcquiven: a lot of people fly down our road going to HWY 89. What will it take to get a radar detector on the road, the street lights are not on, and the streets are not identified in Westview? Scott Jackson: we will put a speed trailer on the road. Mayor Wheelwright: we will look into a 4-way stop sign. Paul Ellsworth: the problem with the lights is that they don’t have a photo eye on top. The street poles have been put in today.
Kelly Ricks: I received a letter today from the developers of Mountain Vineyards to install a six foot fence. When the development started it was agriculture, but when I closed on the home it was rezoned. Should this requirement be amended? Mayor Wheelwright: we will look into it.
Norma Liston: there is a hole in the road at 3800 N 800 W. We would also like to be a part of the museum committee. Paul Ellsworth: it will be done as soon as the asphalt is here. CM Bailey will head the committee.
Marva Williams: Do we have an extension on the Mountain Vineyard letter. Mayor Wheelwright: that is not a deadline that the city imposed. We don’t have any control over it. I am not aware of any deadlines the city has over the developer. I suggest that you follow up with Mr. Christensen.
Shirley Lee: When is Skyline Dr. proposed to go in? Our house is in violation and the road will take eight feet to our home. Mayor Wheelwright: there are no immediate plans to develop it. We don’t’ have the funding nor any development immediately planned. There will need to be major engineering. Paul Ellsworth: we will be defining the roadway in front of Wadman Park. Shirley Lee: we have horses. Mayor Wheelwright: you were there first and it will be noted that you are agriculture. CM Humphreys: they will have to put in a fence.
Consent Items:
Mike Humphrey: Have there been any complaints on the hauling company. Paul Ellsworth: Dan Toller has a truck parked next to his house. The council would like the applicant of the truck hauling business to come in and talk with the council.
Motion was made by CM Ferguson to accept the consent items (business licenses to: Penny Stephens Farmers Insurance Agency, Li’l Tots Academy, Mart Quest LLC and the minutes of August 22, 2006 and the bills of Pleasant View City.) 2nd by CM Call. Voting was unanimous in favor.
The applicant for S.A.M. & C. Hauling appeared before the council.
Motion was made by CM Clifford to take off the table the business license for the hauling company. 2nd b CM Bailey. Voting was unanimous in favor.
CM Humphreys: how do the neighbors feel? Corbie Jones: the next door neighbor has a dump truck and across the street. No one has said anything. CM Clifford: it is no different than parking a trailer. Corbie Jones: sometimes we park on the street, but not in the winter. CM Bailey: I’m okay if it is not parked on the street.
Motion was made by CM Call to approve a business license to S.A.M. & C Hauling subject to not parking on the street and limit the business to one truck. If it changes it needs to come back to the city council. 2nd by CM Bailey. Voting was unanimous in favor.
Business:
1. Pleasant View City Traffic Safety Study and discussion regarding heavy vehicle route. (Presenter: Interplan)
Mayor Wheelwright: we want to make sure that this is open and transparent and everyone understands the information of the Pleasant View City Council when we make important decisions. The decision will impact all and more of some. There is no easy solution or to make it go away. There will be no decisions made tonight. We encourage you to continue contact. It is important that we have information. Jody Burnett will discuss why we have to deal with this problem. Jody Burnett is the expert in Utah. We have the finest legal representatives in the state. Jody Burnett: I was retained over six years ago by a lawsuit by Tower Sand and Gravel. Before that the General Plan includes the extension of Skyline Drive, but because of the expense Pleasant View has relied on development. Some of the extension is not in Pleasant View. Some is in Box Elder County and Weber County. Preceding my involvement the Board of Adjustment granted a non-conforming use. The city has significant authority to regulate traffic, but the court precluded we can’t say no traffic. The city adopted 500 W as the street unless there is an alternative route. Five and one-half years ago the city got license agreements with five property owners for an alternative access and assigned them to Towers Sand & Gravel. But because of the burden of maintenance he (Randy Marriott) terminated the arrangement. We need to provide an alternative access which is best in the short-term until the extension of 4300 N. One alternative was to bond for the 80’ right-of-way road which will be a very expensive alternative. Interplan was hired to evaluate the alternatives. Mayor Wheelwright: the cost estimate to build 4300 N was $4M to $5M. Matt Riffkin with Interplan was introduced. Matt Riffkin reviewed their study labeled Pleasant View City Traffic Safety Study, Final Report, September 2006. They considered 500 W, 900 W, 800 W and 1100 W and two alternatives to the highway of Pleasant View Dr and 1000 W. Matt Riffkin: we did a traffic count which the city council has not seen yet. There are 2000 cars per day on 500 W. Jerry Larsen: you didn’t take into count the curb cut on 1100 W. Mayor Wheelwright reminded the attendees to keep it positive. Mayor Wheelwright: the Deer Crest Subdivision’s developer will install 1100 W. Fred Wolff: have the pavement conditions been considered? 1100 W is not designed for it. The 18 ton sign is not there. It has been taken down. Matt Riffkin: we didn’t take road borings. We relied on visual and Paul Ellsworth, Public Works Director. Paul Ellsworth: there is not a road that has been designed for truck traffic. Norma Liston: I recommend they go west to HWY 89. There are two trailers behind trucks. Mayor Wheelwright: it is an enforcement issue. The city council authorized a fulltime officer as part of the traffic enforcement. He will be trained and equipped to check if they are in incompliance with the law. The city’s hands are tied but not tied to enforce our ordinances. We need to make sure it is safe. This officer is going to training the end of the next month. We have the equipment purchased. We appreciated UTEP and Weber County in supporting this role. Jerry Larsen: there is a safety problem on 1100 W. Matt Riffkin: we did do a visual look at it. There are safety sight problems on 500 W. If fixable we will make the city council aware. Jerry Larsen: we had to abandon 1100 W and move to 500 W since 1959. Now suddenly it is the safest route. We had a go agreement. Mayor Wheelwright: we are aware of your experience. Jerry Larsen: we’ll fight for a route off the hill. CM Call: Jerry, put a route in and solve the problem. Resident: was the grade considered? Matt Riffkin: yes, all the roads are about 12% and 1100 W is the shortest route. Resident: do we have a weight restriction in the city? CM Clifford: the state regulates the weights. Bill Barker: can we limit pup trailers? Resident: how could 800 W be considered in the report? Matt Riffkin: 800 W was a bypass also and considered. Resident: what is the time frame to build 4300 N? Mayor Wheelwright: there is no time line. The city is waiting for subdivisions to build. The problem is much of the route is in Weber County or Box Elder County and our option to condemn would be restricted because it is outside our boundaries. The only way to build the road is to find the funds. We don’t have $4M to $5M. Possibly through property tax and sales tax revenue later on. CM Call: The city raised taxes 35% and receive an addition $160,000. We are talking $4M to $5M with payments of $300,000 per year for 20 years. Resident: why not tie the cost to the businesses that are causing it? Why did trucks come down 500 W in the beginning? There was a lot of weight on churches and schools which makes it easy to pick 1100 W. There is not a lot going across 500 W. Another Resident: that is not true. Matt Riffkin: all the data is listed. There is not one single reason 1100 W was picked. Resident: were driveways looked at on 1100 W compared to 500 W? Matt Riffkin: there are fewer on 1100 W. We will look at resident driveway to see if it is correct. Resident: is the quarry in Pleasant View? Mayor Wheelwright: one is in Pleasant View – Tower Sand & Gravel. Randy Marriott has two in Weber County and Box Elder County, but not in Pleasant View. Jerry Larsen: what about Randy Marriott’s proposal to use Liston’s property? Mayor Wheelwright: we don’t know. He has not presented it to us. We looked at one proposal with an annexation into Pleasant View which is on hold by him. Mayor Wheelwright: the only ones using our streets are from Tower Sand and Gravel. Resident: can ours go that way? Mayor Wheelwright: it is private property. He (Randy Marriott) has allowed it for five to six years. CM Bailey: we are so lucky we haven’t killed anyone. 500 W should be closed immediately. Matt Riffkin: we see concerns with 500 W. CM Bailey: I see concerns with all the roads. We want to go west. We shoulder the burden. They have done an outstanding job collecting data, except the number of driveways. CM Call: good job in keeping no weighting. CM Clifford: I disagree. It is vague why 1100 was chosen. It should be weighted. 500 W is a wider road than 1100 W. You did the study. It’s hard to see why one is better than the other. Matt Riffkin: we talked about weighting. The conclusion was to just show the information. We could take it through several weighting schematics. We didn’t give you the math, but we can. CM Call: I like the raw data. We can determine what is important. CM Clifford: I have a hard time conceiving trucks coming down 1100 W. CM Call: the original direction given was to basically look at alternatives and what is the safest way. We are trying to keep people from being killed. What lessens the chances and what can we do to make it the safest way. CM Ferguson: the prior mayor’s time prohibited trucks on 900 W. I thought the study was good. I have an appeal to Jerry Larsen, Tower Sand & Gravel, and Randy Marriot. This is a concern to all and I would like to see you and Randy Marriott come to some agreement. Jerry Larsen: we had one and the city dropped the ball. CM Call: that is a lie. Mayor Wheelwright: Order was called. This is not productive. Please be restrained in our comments. Jerry Larsen: I was called a liar. Mayor Wheelwright: the next person that makes a personal attack will be escorted out. Norma Liston: what happened to Earl Larsen’s access to the west? Mayor Wheelwright: I don’t know. CM Ferguson: I feel good about the study. Everyone up here has your best interest and if everyone could forget the differences. The city doesn’t own the property. Dave Hulme: there would have to be heavy weighting to change it to 500 W over 1100 W. Matt Riffkin: I am open to looking at weighting, quantifying the grade, the differences between residential driveways, and load carrying capacity. Ray Lewis: why not a runaway truck lane? Mayor Wheelwright: this is not a public hearing. This is an open forum. This is not the only opportunity to give input to the city council. This is not a battle between 500 W and 1100 W. This is between two gravel pits that are holding us hostage. That is where the anger should be directed. Jerry Larsen: did you just call us bad guys? Mayor Wheelwright: the gravel pits owners have the power to solve the problem. Mayor Wheelwright opened the discussion to the public. Jerry Larsen: I signed up first. Mayor Wheelwright: get in line. Randall Knight: the city has the right to control ordinances of the city. Why can’t the speed limit be reduced to vehicles over 18 tons? Why after 6:00 P.M. and 8:00 A.M. should there be heavy trucks? Jake brakes should be outlawed. A lot of trucks go up 1000 W at school time. They need to be outside enforcing the speed. Jody Burnett: in February of 2001, the speed limit for tandem axels on 4300 N is 15 mph and 500 W is the designated route. There were only two options, 900 W and 500 W. 500 W was the lesser of the two evils. Randall Knight: the brake check is not being enforced. Jody Burnett: jake brakes was a challenge and a trade off between safety and noise. We have the brake adjustment in the ordinance. Resident: can we create funding? Jody Burnett: we can’t force someone to use a toll road and it can’t be the only access. Resident: are there houses along 4300 N? Jody Burnett: the city has considered no homes along the 4300 N corridor. State law states we can charge a license fee but can’t do it with the trucks. The travel is not limited to gravel trucks that use the road and not all originate in Pleasant View. We can’t come up with a fee to legally charge. We can regulate truck traffic, state law, and where they go. Mayor Wheelwright: Randy Marriott now has a toll road for $10 a load if they would pay the toll they could go out that way. Scott Sangberg: is there no negotiations with either two corporate neighbors? It is just a matter of when someone gets killed. Jody Burnett: we have spent a lot on negotiations. I have never devoted more time and resources and not been successful. A permanent access needs to be the long term solution if we had the funds. We can’t condemn. Scott Sangberg: they are holding us hostage and rather have one of us killed. Jody Burnett: obviously no one wants that. None of them have come up with a fair portion of cost. Scott Sangberg: when will they start coming down 1100 W? Mayor Wheelwright: tonight is to receive technical information. This is one data available to the city. It is not fair to say we are going to accept 1100 W. Scott Sangberg: 1100 W or 500 W is going to lose. Mayor Wheelwright: the whole city loses. Tim Healy: it appears that there are two considerations 500 W or 1100 W. It is important to look at the distinctions. 1100 W is a 40’ road. 500 W is 45’, 54’, and 60’ road. 1100 W is completely residential with kids. Contrast to 500 W which has a lot of open area above driving range and the school access is the high school’s parking. These are high school kids not little kids. The church parking is behind. There is the shops and the city which are not residential. 500 W standards are firmer and more secure. 1100 W has never had heavy truck travel. There will be several 100 new homes to the north on 1100 W. The noise, dust, and travel are better absorbed on 500 W than on 1100 W. There are no sidewalks on 1100 W. If a shorter route is adopted the number of trucks will be doubled. Why can’t we condemn Randy Marriott’s road? Jody Burnett: we would have to go through Weber County and Box Elder County. The alternate road doesn’t make sense on a long term basis. The cost for condemnation would include the cost of the R-O-W and creative damages and severance damages. I hope they and some residents would come together in the interest of the community they live. Fred Wolff: what is the tax base from the gravel pit or from the gravel trucks? Mayor Wheelwright: not much on property tax and sales tax is based on point of sales, so we get zero. Fred Wolff: how much road damage do they have to fund. Jerry Larsen: through the road tax. Mayor Wheelwright: we receive B&C monies in the amount of $200,000 for all the roads. Paul Ellsworth: the gasoline sales tax is based on mileage. Mayor Wheelwright: we have no say on property status. It is assessed by Weber County. Fred Wolff: we are funding something with no revenue source. We will support the city council. Money and safety is an issue. We need to work with Weber County. Mayor Wheelwright: the big issue is where it will tie into on HWY 89. That area is owned by UDOT. That area is not top of their priorities project list. Matt Riffkin has talked with UDOT and they have a greater awareness on what we are dealing with and I hope it bears fruit. CM Call: the state assigns greenbelt. The state came out and took some off of greenbelt. Resident: those businesses create the burden. Who sets the business license fees? Jody Burnett: transient truck travel doesn’t require a business license. Resident: Is anyone here representing Randy Marriott? No one here is willing to help his neighbor. We need to make him hostage. Skyline Drive is important to him in North Ogden. Resident: are they allowed on Weber High Drive? Jody Burnett: No. Resident: there is a park full of kids. Mayor Wheelwright: we will inform the officers. Resident: Everyday I have to listen to trucks and they are not doing 15 mph. I can see the damage on the intersection. I can’t have a conversation at home. For the last ten years there is continuous truck traffic. What do they do at brake stop? Some don’t’ stop or pull in to check. There is property damage from trucks. Scott Jackson: they check air pressure. Jerry Larsen: we need to give information starting in 1965. Most of the gravel on the streets were donated. Gravel pits are a mining operation and taxes go to the State of Utah because once it is gone it is gone. We pay sales tax, but Pleasant View City doesn’t have a sales base. Jerry Larsen proceeded to give a history from 1975 on travel from 1100 W to 500 W. We have been portrayed, but we were there first. It took 35 years to get a permit because of a judge who came to Pleasant View. I heard we could solve our own problems. We build roads and we should be allowed to use them. We are hauling to the commuter line. I agree there are a lot of trucks now. This will deplete itself in a year. Are you going to run me out of town because of my hair color? We been good neighbors and Butters have been. Are we bad guys? We donated gravel to Pleasant View City and to the school. They’ve stopped us and given us tickets for 41 years. I get emotional. Mayor Wheelwright: there will be more opportunity to give input. Discussion among the council. CM Ferguson: this is at the city expense. CM Clifford: this is a messy thing. We have information but we can’t move. There will be no change unless personalities change. No win situation and we need to decide the best of the evils. The study is okay. It didn’t tell me anything I already knew. It didn’t change a lot of minds. I don’t’ think people understand the issues. Some ideas we can’t do financially or legally. There is no light at the end of tunnel. Let’s take the data and look at it. We need to look at driveways. There were three trucks paralyzed on 900 W. Only thing we can do is to enforce the ordinances and write out tickets and make it as uncomfortable as we can do. CM Call: there are good ideas to explore. We need to check into the speed limit going up 500 W for safety issues and the noise. They bounce when they go up the hill empty. Using both roads the burden can be split. We need to put aside the thought ‘not by my house’. We want to do things as safe as possible. CM Bailey: we get emotional if it affects us. I get it all. We chose to live here. This challenge is not bigger than us. As a community we should petition the state and get the states attention and get resources. Mayor Wheelwright: I have talked with Alan Christensen and Kerry Gibson to have them meet with the council. CM Humphreys: I was in favor of the study. It is a whole city problem. No road is a good solution. Randy Marriot will negotiate. His road is cheaper in time and travel than on 500 W. What Randy Marriott is asking is not out of order. Trucks know of the other access but they refuse to pay the fees. The state needs to pay the fee. It is irresponsible of state. Jody Burnett: we have been negotiating annexation for five years. CM Humphreys: Jerry Larsen creates problems then complains about the trucks running pass his house. Mayor Wheelwright: this is about safety, not about burdening them. We don’t have 1100 W as an option today. The ordinance will be on the next agenda. Resident: can you enforce covered loads? CM Humphreys: Different matter needs to be covered. A lot depends on the height. Resident: trucks get stopped on 4300 N on a burm. Is it legal to create a school zone? CM Humphreys: we have been there. Resident: only do at noise ordinance for hours. Resident: direct trucks down 1100 W at school time. A proposed ordinance will be on the September 26, 2006 agenda.
2. Present landscaping plan for roundabout and east corner. (Presenter: Mae Ferguson)
CM Ferguson and Paul Ellsworth presented several landscaping plans. Mae Ferguson recommended the flag pole with a flood light and not to plant the roundabout until the power pole is moved. We need to get a price for the monument.
3. Consider waiving annexation fees.
Mayor Wheelwright: we have received a petition for annexation and there has been a request to waive the annexation fee. Bruce Talbot: this annexation will benefit the city. The amount is part of the fee schedule. Mayor Wheelwright: the fee amount won’t cover anything.
Motion was made by CM Call to give the Mayor the freedom to waive the annexation fee. 2nd by CM Humphreys. Voting was unanimous in favor.
4. Closed meeting – Discuss current litigation.
Motion was made by CM Bailey to go into a closed meeting to discuss current litigation. 2nd by CM Clifford. Voting was unanimous in favor.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Clifford to end the closed meeting to discuss current litigation. 2nd by CM Humphreys. Voting was unanimous in favor.
5. Closed meeting – Discuss personnel issue.
Motion was made by CM Clifford to go into a closed meeting to discuss personnel issues. 2nd by CM Humphreys. Voting was unanimous in favor.
Minutes of the closed meeting are protected records.
Motion was made by CM Clifford to end the closed meeting to discuss personnel issues. 2nd by CM Call. Voting was unanimous in favor.
Adjournment: 11:30 P.M.
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