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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
September 26, 2006
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot Paul Ellsworth Scott Jackson
Fred Hellstrom Lynette Lewis
VISITORS: Bill Virgil Colette Virgil
Deven Ball Jeramy Larson
Jaden Hamblin Carson Wrthirch
Eriq Rhees Stein Harrison Schoonmaker Gayle Koch Lynette Duerseh Sean Lietz Louise Horton Scott Singley Stan Wuthrich David Hewlett Matthew Hewlett Kerry Hewlett John Lietz Mabel Lietz Sheldon Lietz Valeri Cruze Darin Parke Doris Parke Heather Neilson Kelsey Adams Kelly Ricks Rich Wood Kathy Wood Dave Hulme Alan Casey Bill Caron Glen Lent Kelsey Adam
Meeting was called to order at 6:10 P.M.
Flag Ceremony: Pack 29
Opening prayer, reading or expression of thought: Mae Ferguson
Comments or Questions for the Mayor and Council:
Mayor Wheelwright: there was an action item on the heavy truck traffic. The attorney is to prepare an ordinance and it was to be presented tonight. In the course of preparing the draft other issues presented themselves that need to be addressed other than the route. I anticipate it to be on the next agenda. There will be no decision tonight.
Kelly Ricks asked about the agriculture fence required by the developer of Mountain Vineyard Subdivision and his concern with their time frame to install it. Mayor Wheelwright: the issue is not between the developer and the city, because the requirement is in the CC&R’s requiring of you the terms in there. The council has nothing to do with the enforcement of those. The city council told the developer that there needs to be appropriate fencing and rather than putting it in himself he chose to pass it onto the property owners. Kelly Ricks: can the city amend it? Mayor Wheelwright: the developer needs to request the amendment. CM Bailey: it was denied because of safety. CM Call: you as a group need to come to the meeting. Mayor Wheelwright: let us know when to put it back on the agenda. Kelly Ricks: the letter only states a 6’ fence, not the type.
Rich Wood: we have had water in our basement twice. We asked the city to mark the stub and an arrow was drawn backwards. Isn’t there a map to tell where the stub is at? The neighbor to the west had a similar problem. Paul Ellsworth: we were unable to find the as-builts. Roto-Rooter painted the arrows the wrong way. Discussion continued on the location of the line. Paul Ellsworth will contact Roto-Rooter and try locating the line with a transponder.
Rich Wood: The Glen Ellis well is in my backyard. Per George Cook, the line goes under 500 W to the little house on the eastside of 500 W. That house stopped having water to the well a few years ago probably because the pipe (Glen Ellis well) in our backyard was stuffed with rags, a tree stump, and bricks. I capped it off, but the problem is it is an iron pipe that is rotting and is runs under a lot of homes. It starts somewhere on the mountain. Paul Ellsworth: he understood that the line was cut off above and maybe the line is picking up ground water. Kathy Wood: the pipe is only three feet deep. Paul Ellsworth is the contact person on this issue.
Consent Items:
Motion was made by CM Clifford to accept the consent items (business licenses to: ARC Dealership, Inc., Mountain Crest, Master Paint, C Kim LLC, and Truly Inspired Fashions). 2nd by CM Ferguson. Voting was unanimous in favor.
Business:
1. Request the use of the city facility for a youth city council fund raiser. (Presenter: Kelsey Adam, Youth City Council’s Mayor)
Kelsey Adam requested the use of the city’s parking lot for a car wash fund raiser to bring a resident’s husband home for two weeks in February from the Navy. Paul Ellsworth is the staff contact.
Motion was made by CM Bailey to okay the fund raising request. 2nd by CM Humphreys. Voting was unanimous in favor.
2. Consider adopting an ordinance amending the dog license fees. (Presenter: Lynette Lewis)
Lynette Lewis: the Big Fix was successful. 18 dogs and 24 cats were fixed. Our fees have always been lower than the other cities. The recommendation is to raise the fee, yet still encourage them to have the dogs altered. CM Call: what about licensing cats? Lynette Lewis: we would need to change our laws to domestic animal for cats. We are a different city with open fields with a lot of dumping. I would have to wipe out a massive number of cats. It would fall under the same as dogs if the cats are roaming. They are currently under the non-domestic law. CM Call: do you pick up cats now? Lynette Lewis: I don’t pickup. I pickup trapped, hit, or killed cats. The biggest dumping areas are 600 W and my garage. Most people that own cats have house cats. CM Call: at least all the dogs shouldn’t have to pay for the all the cat pickups. Lynette Lewis: I have licenses available by October. Notice is given on the website and on the utility bills. For those traveling out of the city they can get the license before having the late fee applied. CM Call: what about those residents gone from the city at the beginning of the year and then they comes back. Why should they get a late fee? Lynette Lewis: they are not new residents. CM Bailey: why even have a late fee? Lynette Lewis: the state sets the date and it is an incentive to get them licensed. CM Bailey: why give a break to those over 65 years old. Lynette Lewis: CM Call wanted it. If someone can afford a dog, I don’t see the difference for giving the break. CM Humphreys: a lot of those over 65 are on fixed incomes. Dave Hulme: is it legal to give a discount? Lynette Lewis: over 55 is a legal category. CM Bailey: why not stay with the state law and give the break to those 55 and older?
Motion was made by CM Clifford to accept the ordinance amending the fees as proposed with a change of wording from citizens to residents (Ordinance 2006-5). 2nd by CM Ferguson. Voting Aye: CM Ferguson, CM Clifford, and CM Humphreys. Voting Nay: CM Call and CM Bailey. Motion passed.
3. Discussion and/or action regarding a backhoe swap. (Presenter: Paul Ellsworth)
Paul Ellsworth requested to table this item for more information. No action taken.
4. Approve payment for plumbing of the city basement and consider approval of all expenditures associated with the completion of the basement. (Presenter: Paul Ellsworth)
Motion was made by CM Call to approve the payment for the plumbing of the city basement and approval of all expenditures associated with the completion of the basement up to the amount approved. 2nd by CM Bailey. Voting was unanimous in favor.
5. Approve bid for the City Marquee. (Presenter: Mae Ferguson)
Mae Ferguson: the bid was opened Monday at noon. There was only one bidder. There will be a separate contract for the $150 per month maintenance fee with YESCO. There maybe a problem with the sign ordinance. Bruce Talbot: it was interpreted that the sign ordinance doesn’t apply. We are saying that this is a public zone not residential. We only have sign rules not a sign ordinance. Mayor Wheelwright: there will be the cost to build the brick planter. Paul Ellsworth: we can probably get that donated. Mae Ferguson: the city needs to run the conduit. This bid is to purchase it right out. It is not a lease. CM Call: has the exact location been figured out? Paul Ellsworth: no. CM Bailey and CM Ferguson will knock on the doors of those homes south of the city office notifying them of the marquee. Mae Ferguson: the marquee’s light will dim at night.
Motion was made by CM Call to approve the bid from YESCO in the amount of $34,452.00 for the city marquee. 2nd by CM Bailey. Voting was unanimous in favor.
6. Approve bid for Jessie Creek reservoir. (Presenter: Fred Hellstrom)
Fred Hellstrom submitted the summary of bids for the reservoir. Fred Hellstrom: the engineer’s cost estimate was $600,000; the low bid was $594,223 from ABCO. ABCO built the last project. CM Call asked why an 800,000 gallon reservoir instead of the 750,000 gallon reservoir. Fred Hellstrom: the 800,000 gallon reservoir was cheaper because it would save in the drafting cost of new engineer plans. Kent Jones already had plans for an 800,000 gallon reservoir. CM Clifford: I see no reason not to take the low bid.
Motion was made by CM Bailey to accept the bid from ABCO in the amount of $594,223.00 for the construction of Jessie Creek reservoir. 2nd by CM Humphreys. Voting was unanimous in favor.
7. Public Hearing to consider an amended plat for Casey Subdivision. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to go into a public hearing. 2nd by CM Humphreys. Voting was unanimous in favor.
The city council had no questions or comments. Collette Virgil: where is the subdivision? CM Bailey: by the Orchard Subdivision. Alan Casey: I would like to change the 40’ setback criteria to #4-lighting criteria. I would pay for the lamps in front of every home and run the conduits and the home owners will put them in. How are payback agreements done? Bruce Talbot will be his point of contact for any agreement. Alan Casey: I just want to make sure that the “R” comes off the lot and the easement is gone for the old sewer between lots 4, 5, & 7. Paul Ellsworth: there was never any official easement. Bruce Talbot: a portion of the subdivision that is adjacent to agriculture will need fencing.
Motion was made by CM Clifford to end the public hearing. 2nd by Bailey. Voting was unanimous in favor.
Motion was made by CM Clifford to approve the amended Casey Subdivision plat with the substitution of lighting (#4) for the 40’ setback. 2nd by CM Humphreys. Voting was unanimous in favor.
8. Request from Ivory Homes to begin the guarantee period on Villas of Verona. (Presenter: Bruce Talbot)
Bruce Talbot: I would recommend that the date for starting the guarantee period be the date the as-builts are received.
Motion was made by CM Call to grant the guarantee period as of the date we receive the as-built drawings and all is satisfactory at that point. We are assuming that the as-builts will be submitted within two weeks. There may be a problem if they are not submitted for years. 2nd by CM Bailey. Voting was unanimous in favor.
CM Call: if there is a long delay there will need to be another inspection.
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.
Mayor Wheelwright: this item is withdrawn until we see if this is the final draft. CM Call: this in not the final draft.
10. Consider adopting a Residential Solicitation Ordinance.
Mayor Wheelwright read the e-mail from the ULGT, our liability provider. It was determined that it need not be reviewed by our legal counsel since ULGT would represent us in a disagreement. This will be placed on the next agenda.
Motion was made by CM Call to table to the next meeting. 2nd by CM Clifford. Voting was unanimous in favor.
11. Discussion on annexation/rezone on Christofferson’s property located at approximately 4700 N 400 W. (Presenter: Destination Homes)
Glen Lent: we have an informal request. We met with the planning commission and it was suggested that we meet with the city council to get a general feeling if this is a viable project. Some of the property is not in Pleasant View. It is in Weber County but surrounded by Pleasant View. It is unique because of the zoning of A-5 and RE-20. There are secondary water issues. It is a matter of when and by whom. There should be water by 2008. This is a long-term project because of the restriction. We would need an access through Pole Patch for culinary water from Jessie Creek Well. Glen Lent had not checked the density in Weber County. CM Humphreys: North Ogden is not contiguous to this property. CM Clifford: is your main issue zoning? Glen Lent: yes. CM Clifford: if we start with a lower zoning, then we are done. CM Humphreys: it is a matter of where we want to start breaking off. CM Clifford: also the terrain is an issue. Fred Hellstrom: a lot of that area is a recharge area. Mayor Wheelwright: we need to know how it fits into the sensitive area. Bruce Talbot: the city engineer is overlaying the maps. Glen Lent: the area is actually flat with gentle slopes and less than a 10% grade. Paul Ellsworth: there is a fault that runs through there. Fred Hellstrom: it is pretty wet ground. Paul Ellsworth: there are a lot of springs up there. CM Call: how do we get away from the General Plan and all the others waiting to come in as RE-20. CM Clifford: it would start putting a lot of homes up there. CM Humphrey: my vote would be to leave it as A-5 zone. Glen Lent: what do you do about the RE-20 area? Paul Ellsworth: nothing. CM Call: it could become an eight lot subdivision. Mayor Wheelwright: here is my perception. As you look at other communities along the bench area, most have given in and given higher density. We have an area which is A-5. It seems to be highly developable property because it is not available in other areas and it could make a reasonable investment. We have something unique here and we will lose out on a great opportunity on what is envisioned. Glen Lent: we would have to renegotiate. I didn’t invite the Christoffersons here tonight. 15,000 sq. ft. lots are the best size lots. They don’t become filled with old cars and junk. Mayor Wheelwright: do you see any of those type lots in Pole Patch? Glen Lent: no. Mayor Wheelwright: I don’t either. Glen Lent: it is hard to maintain five acres. CM Call: the property is conducive to the A-5. We need to look at the mountains, not just on the map. CM Clifford: can the utilities support the number of homes? Are we going to have enough water? CM Humphreys: storm sewer will need to be addressed. There is no property for the regional basin. Wadman Park is wetlands. Mayor Wheelwright: we need to deal with zoning head on and not let water be the driving force.
There will be a field trip to the site on October 10, 2006 at 5:00 P.M., which will also include Deer Crest Subdivision. The planning commission will be invited. Meet at the office at 4:30 P.M.
12. Present budget outline (Presenter: Laurie Hellstrom)
The budget outline was reviewed and it will be used as the guild line.
13. Workshop – Sign Ordinance
Bruce Talbot asked the council how limited they want the sign ordinance. They wanted it downsized and given to the planning commission. And any specific suggestions give to Bruce Talbot.
Standing Reports: Councilmember’s reports on their areas of responsibilities.
(4th Tuesday: Reports from Councilman Call (Open Space Acquisition and Streets), Councilman Bailey (Public Safety), and Councilman Clifford (CERT))
Paul Ellsworth: 3650 N has been patched and stripping will occur in the next couple weeks. 4300 N has been patched. 600 W will be shut down next week. It will be closed but passable for emergency vehicles. Paul Ellsworth: can we ask property owners on the west side of 600 W from Shady Lane to 2700 N for property in exchange for sidewalk, curb and gutter? It is approximately 22’ of property. CM Bailey: I gave a check for $5,000 to the senior center. What about combining two citizen groups for the historical museum and share the resources. CM Call suggested applying for RAMP tax funding.
Other Business:
CM Humphreys: contractors are pulling mud and dirt out on the streets. Paul Ellsworth: it needs to be controlled based on the Storm Water Phase II mandate. We don’t know what to do about it. We sweep the streets one day and the next there mud on the streets. The trucks need to be written tickets. CM Call: let’s cite them. CM Humphreys: there could be signs posted stating ‘attention you will be cited’. Paul Ellsworth: if we don’t enforce it the Feds will come down on us. They can clean it up with a shovel. CM Humphreys: we are not talking about a little dirt, we are talking about a lot. It costs the city a lot of money to go back and clean up after them. Paul Ellsworth: I would suggest paying an officer out the storm sewer fund to monitor the cleanup. Bruce Talbot: a letter goes out with every permit.
Discussion on Deer Crest Subdivision: CM Humphreys: the storm sewer improvements should be the first improvement in. Paul Ellsworth: if there was a 100 year storm it would all come down into the city. The basin is a hole and the sides have not be compacted. Mayor Wheelwright: you have the council’s support if there is a legitimate way to stop them.
CM Call: I am serious about licensing cats. We could require to license, but not enforce. CM Humphreys: it would bring in revenue and protect legitimate pets. CM Clifford: it could be ID tags for $5 and not pickup the cats and no fines. Mayor Wheelwright: let have a survey of other cities.
CM Clifford: I sent out an e-mailed on Pole Patches water usage. Many thought it was because the rates were lowered. There was a 2.2M gallon discrepancy between our meters and the master meter. There was a problem with our pumping system. It malfunctioned. We guessed it pumped 5.5M gallons over the tank. We have it working manually until the electrician can come up. We will probably get a $12,000 to $14,000 water bill for the 25 people unless we get mercy from the city. Part of the ordinance for the water adjustment policy is that it is unforeseen. This was unforeseen. There is a cost to the city for pumping, but the majority will be an unforeseen bonus to the water. The average homeowner’s association fees are $800 to $900 per month in Pole Patch. Fred Hellstrom: the last adjustment to Pole Patch was on 10/26/04 in the amount of $842.41 which Leonard Cevering brought to the city because he felt that the meter was wrong. CM Call: the water superintendent can’t adjust it, but we can. Where did the 5.5M gallons go? CM Clifford: the ground is so rocky and porous it didn’t make to Wimmer’s. CM Call: we need to agenda this item with costs to the city. I like to see the city held harmless for those costs and like to see the homeowners come up with a system that this will not happen again. Mayor Wheelwright: I have asked Fred Hellstrom to come up with a power cost estimate which equals approximately $.30 per thousand gallons. We will see if there are any other costs to the city. We should be able to tell someone the cost per thousand gallons.
CM Ferguson: I would like to ask the Pleasant View 8th Ward to present the flag ceremony at the Founders Day breakfast. They are the newest scout troop.
CM Ferguson: has Jody Lunt been in contact with UTA on the betterments. Mayor Wheelwright: she has been meeting with them and following through. Bruce Talbot: we have a new time line from UTA for construction.
Mayor Wheelwright: the Jessie Creek Reservoir will be built in Weber County and at the Weber County Planning Commission meeting there were several residents from Pole Patch that raised several concerns on the way the city handled the well. I was not aware of the strong concerns and it cast the city in a bad light. CM Clifford: I was only aware of the condition of the turnaround. The roads are not thick and there is damage along the edge of the roads. Is the city going to come back? CM Call: why not come to the city council on the concerns? Bruce Talbot: their issues were control of water runoff, damage to the roads, not controlling weed growth/ revegatation, potential damage on new construction. CM Call: it not a revegetation area. It makes a good fire break. Fred Hellstrom: the cut vegetation was cleaned and hauled away. Mayor Wheelwright: the conditional use permit was approved as long as Pleasant View does its job. I am going to send a letter to Mike Wimmer to talk about the concerns.
Mayor Wheelwright: I had a meeting with Cory Pope, Director of UDOT Region 1 regarding Fleming’s and Burt Smith’s properties and the access allowed. The traffic engineer for both properties recommends a signal access 500’ west of HWY 89 in order to make it a viable development. UDOT said no. Apparently they want to preserve 2700 N. They also discussed Skyline Drive. Cory Pope was willing to work on it where it ties into HWY 89 and even discussed finding funding. He also gave good ideas on how to follow up with WFRC to raise the priority of the Skyline extension and suggested approaching the state. We need a list of benefits, but not just the benefits for Pleasant View.
Mayor Wheelwright: Scott Jackson is in the process of seeing how to maximize coverage in the police department. If it came to the council to open the budget and increase the police budget for a new officer that would only work the truck traffic shift, what would you feel about that?
Mayor Wheelwright: the North View Fire Agency is pushing to become a district.
Bill Caron: when will the history on the gravel pits be published? Mayor Wheelwright: it is taking longer. I’ll follow up.
Adjournment: 10:35 P.M.
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