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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
September 23, 2008
The public meeting was held in the city office at 520 West Elberta Dr. in Pleasant View, Utah, commencing at 6:00 P.M.
MAYOR: Doug Clifford
COUNCILMEMBERS: Scott Boehme (absent during the consent items and part of item #1)
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker (absent during items #4 to the discussion on item #7)
STAFF: Laurie Hellstrom Scott Jackson
Paul Ellsworth Bruce Talbot
Brent Slater
VISITORS: Terri Stephenson Sherm Barker
Clair Knight Ellen Tarran
Philip Tarran Dave Marsh
Mike Wiggle Karla Ellsworth
Kerry Humphreys
Pledge of Allegiance: Todd Walker
Opening Prayer, Reading or Expression of Thought: Todd Walker
Comments or Questions for the Mayor and Council for items not on the agenda.
None were given.
Consent Items:
Motion was made by CM Hjorten to accept the bills of Pleasant View City. 2nd by CM Ferguson. Voting aye: CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Business:
1. Workshop – Review Public Work projects and expenditures. (Presenter: Paul Ellsworth)
Mayor Clifford: this workshop is on the 900 W and the Pleasant View Drive projects. This is meant to be an information gathering workshop. From a council’s stand point, the council’s major responsibility in this is a financial issue. We are not critiquing any management philosophy or any of the other decisions. Brent Slater: do want to see the plans? We bid the project with two alternatives on the wall; rock or versa block wall. As Paul talked with property owners they wanted versa block. As work progressed it came desirable to wrap around the driveways and it increased the length of the wall. Mayor Clifford: do we have bid amounts. Brent Slater: I have a pay request. Mayor Clifford: how do I compare with what they actually bid? Brent explained the pay request. There were a lot of things on the wall. I didn’t have a survey of the back property and I guessed the height of the wall. The wall was made a block higher and block below the ground, which I hadn’t planned on. We don’t have a square foot difference on what was bid and what was actually done. I have been on vacation for a week. CM Humphreys: we have several poles to move. The height and number of blocks for the wall was discussed. Mayor Clifford: what we are trying to do is to get break down on where we are seeing all the overages. Brent Slater: the corner lot was original designed to have fill dirt and no wall. That was added in as an extra and Paul talked to property owners and got their wishes for another wall and added another driveway on that property. Mayor Clifford: as far as your estimate on the requirement for the bids, what did you use for a plan of the project? Brent Slater: I took the average depth and length without curving and used the price on versa block used on Pine View’s project on P.V. Drive. I guess I was being optimistic and didn’t put in as much wall. More wall was put in at the Straw Market and by the Century 21 building instead of rock or fill. The asphalt estimate was to the edge of the existing road over to the lip of curb. When they got in there to excavate the road was ragged and rounded and they cut the road back a couple of feet into the road to have something good to asphalt up to and it increased the quantity. Granite was 304 tons and the bid was 190 tons. We measured and called Granite, and we settled at 250 ton. We did save on an out let dip stone which is costly and rerouted the piping. Mayor Clifford: what was the original bid? Laurie Hellstrom: $124,793. Mayor Clifford: $124,793 was the original bid and total cost on the project is $204,793. Paul Ellsworth: the $80,000 was a number I threw out there. CM Humphreys: that was an estimate. We are not going to know until the bills are in. Brent Slater: Marsh was using road base in areas where he should have been using fill. It is probably over on road base and under in fill. I’m not on the job a lot. CM Humphreys: that is an easy one to figure, but the asphalt is different. CM Hjorten: there is a second driveway? Paul Ellsworth: they had a driveway there and we tried to talk him out of it. CM Humphrey: it was just a gravel driveway. Brent Slater: Paul tried to talk them out of it. We should have take a harder approach. Paul was wanting to please the homeowners and they want steps from the sidewalk. CM Humphreys: on the west side of 850 W there was no block wall figured in this project. Brent Slater: we were going to use fill. Paul Ellsworth: it ended up being a greater drop off. Mayor Clifford: these are things you can figure out. Brent Slater: I did profiles on the two driveways and they were a little over 17% grade. Mayor Clifford: if you knew it was going to be 17% why not put in a wall there. Brent Slater: it could fill at 3:1 and still be able to mow the area. We weren’t going to landscape people’s yards. Mayor Clifford: how much prior discussion did we have with people? Paul Ellsworth: we told them that we would impact them as least as we could. CM Ferguson: if they had a driveway that won’t work and they needed it, do we improve it, is it the city’s responsibility. Paul Ellsworth: we couldn’t put a wall across there. If they started with a gravel driveway that is what they are getting, except Hunt is paying for an asphalt driveway. Mayor Clifford: normally when you bid a project out, where do you get the information. Brent Slater: I rely on Paul. Paul is our boss. We take direction from Paul. Paul was talking to the property owners, so I didn’t have any interaction with property owners. I just got my direction from Paul and did it per his request. We have done that in the past and it has worked out. Mayor Clifford: I was surprised. Brent Slater: I didn’t know what the budget was. I just go from Paul. I understand that some things do pop-up. Mayor Clifford: we were told that either the rock or block wall would be a wash, but we are $30,000 over budget on the wall. CM Hjorten: don’t we get estimates on change orders? CM Walker: when the scope changes, like the wall, it should be reviewed. CM Hjorten: it is 64% over the original bid. That is major. Mayor Clifford: the project manager is the city. The bottom line is that we have a budget and it is not bottomless. Mayor Clifford: we will pickup 900 W in staff meeting and bring it back to the council. It appears there is some lack of planning prior to bidding. There was a significant amount of wells, slope, and understanding neighbors issues. It was started and then figured out as it was going along rather than spending time on paper. CM Hjorten: this needs to be continued. CM Humphreys: we need to put in standards and if it goes over them bring that to Mayor’s attention. It’s our decision and not Paul’s decision with the neighbors wants. It looks nice. Mayor Clifford: for the 900 W project review, we will start out with the estimates and go from there.
Motion was made CM Ferguson to continue this item. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker and CM Humphreys. Motion passed.
2. Discuss the Pleasant View Drive Curb, Gutter, and Sidewalk Project. (Presenter: Dave Marsh, with Marsh Construction)
Dave Marsh: the big reason I’m here is to get a public apology from the Mayor on the article in the newspaper stating ‘it sounded like a bait and switch, with a lowball bid from Marsh Construction’. That is not true. What source did that come from? Mayor Clifford: comments were made where the original bid estimates were to be thousands over. Dave Marsh: I have not asked for one penny or any change orders. There were some changes in quantity. Prices have gone up, but you’re not getting charged extra. Mayor Clifford: in fairness, I probably said that and did not understand where came from. It has become apparent from the prior discussion that all is okay with Marsh Construction. There is some road base instead of fill which could make a difference. I apologize if stated. Dave Marsh: in reading the article it made our company look bad. Our chain of command is through Paul Ellsworth and the engineer. We are done. Will the city barricade the poles? Mayor Clifford: it appears you built what you where asked to do. CM Walker: how many days on the contract? Dave Marsh: 60 days. There were problems with poles and block walls. CM Walker continued to asked and request information on a critical path schedule with Dave Marsh. CM Walker: I still feel that there are liquidated damages. You had 60 days to do the job. Mayor Clifford: Paul, do we have any reports on the completion date? Paul Ellsworth: no. CM Ferguson: I have had calls prior to the meeting on the wall being crooked. Phil Tarran: the wall is crooked as a snake. Dave Marsh: I will walk it with Paul Ellsworth tomorrow. I will straighten it out. CM Walker: the purpose of the project was to get the kids off the street. It is a disappointment.
3. Approve Santa Claus visit at City Hall. (Presenter: Mike Wiggle)
Mike Wiggle: I’m proposing a Santa visit with one or two live reindeer the day after Thanksgiving on the city grounds as a community event. The youth council could do a fundraiser and take pictures. I won’t charge a fee, I will bring the candy canes, but there is a cost for the reindeer at $100 per hour.
Motion was made by CM Boehme to approve Santa’s visit at the city office on the day after Thanksgiving. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker and CM Humphreys. Motion passed.
4. Consider a maintenance contract for the city marquee. (Presenter: Randy Bitton)
CM Ferguson: we didn’t approve a maintenance fee when we approve the purchase of the marquee. We have had several calls for repairs. The contract would be a three year term at $115.00 per month for the electrical care, not the exterior housing. CM Hjorten: what is the life expectancy of the marquee?
Motion was made by CM Boehme to approve the maintenance contract with YESCO on the marquee, subject to correcting the contract date to October 2008. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed. Voting was unanimous in favor.
5. Consider amending the 2008-09 fiscal year budget for the completion of prior year projects. (Presenter: Laurie Hellstrom)
Motion was made by CM Hjorten to go into a public hearing to amend the budget. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Mayor Clifford asked for comments from the public. None were given.
Motion was made by CM Ferguson to end the public hearing. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Motion was made by CM Hjorten to approve the increase in the B&C Road expenditure to $257,000 and an increase to the General Government Buildings department to the amount of $1,380.00 (Resolution 2008-I). 2nd by CM Boehme. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
6. Approve project expenditures. (Presenter: Paul Ellsworth)
Paul Ellsworth: the trencher is an attachment to the skidsteer loader. It was bought to put in the sprinkler system at Shady Lane Park. I should have talked to the council first. CM Boehme: why purchase? Paul Ellsworth: for the time it would be rented, it would be paid for. Also, withdraw the other invoice for concrete work. I thought is was our trucks that broke the concrete.
Motion was made by CM Ferguson to accept the bill of $4,000 from Maw Equipment for the trencher and to be taken out of the Equipment Replacement Fund. 2nd by CM Humphreys. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
7. Public Hearing – Zoning ordinance amendments on the Sensitive Areas and Storage sheds. (Presenter: Bruce Talbot)
Motion was made by CM Humphreys to open a public hearing to amend the zoning ordinance. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
Bruce Talbot: there are two separate ordinances a sensitive area ordinance and an ordinance on storage sheds. The storage shed ordinance was forwarded to you from the planning commission. There are three different standards to be met; designs, maximum number of units, and location limits. CM Hjorten: are we at the number limit now? Bruce Talbot: yes. Mayor Clifford: previously, we were going to allow no more storage units, but we saw a need for some and this is an alternative, but it is seen as restrictive. Bruce Talbot: storage units are only allowed in two zones, the C-2 and MCM zones. CM Boehme: do we need to change some of the zones? Bruce Talbot: no, this overrides what ever else is in the ordinance. CM Hjorten: growth of the city will say you can build more. Mayor Clifford: it would have to grow by 100’s for the opportunity to build. Bruce Talbot: I get three to four calls a month from those wanting storage units. Mayor Clifford: it is not a bad use of property in the interim. CM Humphreys: growth is not ready. Bruce Talbot: Wildcat Storage has about 300 units. The number of current dwelling is about 2,500. Ellen Tarran: where is the location? Bruce Talbot: show the locations on the map.
Bruce Talbot: the second ordinance is the sensitive area. This has actually been applied to Pole Patch exclusively and everything is conditional use. It has not been applied to other properties above the canal. Mayor Clifford: why was it not applied? Bruce Talbot: we didn’t recognize it then. Mayor Clifford: but all the new subdivisions will have to comply? Are the areas called out? Bruce Talbot: it is only identified by maps. Mayor Clifford: by passing the ordinance, it will apply to all the new subdivisions and Pole Patch. Terri Stephenson: what will be applied? Mayor Clifford: they would be subject to the sensitive area zone. Terri Stephenson: how is that different? Bruce Talbot: the sensitive area identifies stream flows, rock fall issues, water source protection areas, etc. We should have an overlay map. The standards are special study reviews by experts and in order to apply it, everything is a conditional use. This will fix the issue of fairness. Mayor Clifford asked for other comments from the public. None were given.
Motion was made by CM Boehme to go out of the public hearing. 2nd by CM Humphreys. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Motion passed.
CM Humphreys: I’m not in favor of the number of units. CM Hjorten: I’m not in favor of it either. Let the market determine the number. CM Humphreys: businesses need units also. Bruce Talbot: we started with one to every four units. The number of units was discussed.
Motion was made by CM Boehme to approve the ordinance on the storage shed as outlined in the ordinance except change the number of units to ‘one to every three dwellings’ (Ordinance 2008-12). 2nd by CM Humphreys. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Abstained vote: CM Walker. Motion passed.
CM Walker abstained from voting because he was not in attendance for the entire discussion on the ordinance.
Motion was made by CM Hjorten to approve the ordinance on sensitive area ordinance as presented with the correction of one typographical error (Ordinance 2008-11). 2nd by CM Ferguson. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Humphreys. Abstained vote: CM Walker. Motion passed.
CM Walker abstained from voting because he was not in attendance for the entire discussion on the ordinance.
8. Subdivision approval for Goose Landing, property located at 2950 N 1000 W for Sherman Barker. (Presenter: Bruce Talbot)
Bruce Talbot: this is a simple three lot subdivision with a complicated remaining piece. It is attached to an existing subdivision and the road is on the master road plan. CM Hjorten: the plan we received stated it is a preliminary plat. Bruce Talbot: the only difference between preliminary and final plat is a signature block and remove technical detail such as sewer plans. The city council has the final vote on the preliminary and final plat approvals. CM Ferguson: the applicant has been strongly advised to rezone a parcel? Bruce Talbot: it is not part of the subdivision, but they can’t expand without it. CM Boehme: to the south of the existing home, it still shows 22’ frontage on 1000 W. Bruce Talbot: it is okay to raise crops and animals on the remaining parcel. There is no access there for building, but there are easements. CM Boehme: I don’t see where it will happen being around the Barker Park. Mayor Clifford: the only way to get a road is to cut off a piece from Barker’s home (existing home). CM Boehme: it will only be his home for the time being. Mayor Clifford: the city council could say that we will not grant the subdivision until it is rezoned and fixed. Bruce Talbot: there is no ordinance to require Sherm Barker to do that. They can’t leave issues for adjoining properties and land lock someone else. CM Ferguson: if he is non-conforming? CM Humphreys: he is not. Mayor Clifford: the home (existing home) is non-conforming. Bruce Talbot: there are some problems that need to be resolved. Sherm Barker: before I sell the home, I will change the zoning. CM Humphreys: a lot line adjustment will work now. Mayor Clifford: the lot can’t be sold without a rezone.
Motion was made by CM Hjorten to grant subdivision approval to Goose Landing, property located at 2950 N 1000 W, as presented in the staff report. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Walker. Abstained vote: CM Humphreys. Motion passed.
9. Update Frontrunner’s Grand Opening. (Presenter: Bruce Talbot)
Bruce Talbot: Saturday is the official grand opening of the Frontrunner in Pleasant View. Bruce Talbot listed the events.
10. Consider entering into a Wholesale Wastewater Treating Contract with Central Weber Sewer Improvement District.
Mayor Clifford: we have received a letter from the city attorney stating one change.
Motion was made by CM Boehme to enter into a contract with Central Weber Sewer Improvement District for a Wholesale Wastewater Treating Contract with the change noted by the city attorney. 2nd by CM Humphreys. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
11. Consider amending the personnel policy regarding sick leave and holidays.
Mayor Clifford: I have talked with Dave Evertsen and it is fairly common now to allow sick leave for immediate family members. CM Boehme: we need a definition for immediate family members.
Motion was made by CM Boehme to continue the policy for further definition of immediate family member. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
12. Discuss ‘Open Space’ projects.
Mayor Clifford: this will be on the agenda until we get a project. There is $144,000 to spend by the year 2009/10. CM Boehme: what about the property to the east of the city offices. There are not sufficient funds now. Could we get additional funds? We need to approach the owners. CM Humphreys: I have been in discussion with them. Mayor Clifford: is that open space. We decide what ‘natural state’ is. Mayor Clifford and CM Humphreys will look into it.
13. Closed Meeting – Discuss current litigation. (Presenter: Jody Burnett and Mike Houtz)
Motion was made by CM Boehme to go into a closed meeting to discuss current litigation. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Boehme to end the closed meeting. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Other Business:
Mayor Clifford: we are getting the newsletter out tomorrow. Feel free to write something for it. A nuisance was filed and the building inspector lovingly requested to have it shaped up and they did.
Scott Jackson handed out a monthly report from the police department.
Adjournment: 9:40 P.M.
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