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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
September 9, 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
Mae Ferguson
Tim Hjorten
Michael Humphreys
Todd Walker
STAFF: Laurie Hellstrom Scott Jackson
Paul Ellsworth Bruce Talbot
VISITORS: Terri Stephenson Sherm Barker
Clair Knight Clarence Foster
Kent Ritchie
Pledge of Allegiance: Scott Boehme
Opening Prayer, Reading or Expression of Thought: Scott Boehme
Comments or Questions for the Mayor and Council for items not on the agenda.
None were given.
Consent Items:
Motion was made by CM Boehme to accept the consent items: business licenses to Julie Johnson for an interior design business, Kyle Farr for an e-commercial business, and to Suncatchers Tanning for a tanning salon, and the minutes of August 12, 2008 and August 26, 2008 (open and closed). 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Business:
1. Request waiver on the basement rental fees for a scouting group. (Presenter: Melanie Tingey).
Melanie Tingey: I am chartering a co-ed venturing crew for 9th grade thru 12th grade. The PTA is the sponsoring the group. The school charges a $75.00 rental fee. I have nine youth starting this Thursday. We need a scouting group that is not affiliated with the church. We need a place to meet and we don’t have the funds. We meet two times a month on Thursdays. We can’t use the library because they don’t allow funds to be collected at their facility. We will serve the Weber High School area. CM Hjorten: are you aware that we set rental fees for the basement? I see this not as a personal interest but chartered by the U.S. Government and a nonprofit organization. Can we ask for volunteer service in lieu of the rental fee? Mayor Clifford: what type of activities will there be at the meetings? Melanie Tingey: I don’t know the activities yet. Mayor Clifford: I’m just concerned with the types of activities such as hammering and building. CM Humphreys: there is a cleaning deposit fee incase something goes wrong. CM Hjorten: we could do this on a trial basis. When we rent the staff has to make sure it is locked up and clean. I see the motivation for keeping it clean. We don’t ask the city employees to lock up the building for free. Bruce Talbot: what about the old office? CM Humphreys: that is a better suggestion. Laurie Hellstrom: should an agreement still be signed? CM Humphreys: go and look at the old office and come back next week. CM Boehme: the city will be setting a precedent. How are we prepared to do that?
2. Consider entering into a Wholesale Wastewater Treating Contract with Central Weber Sewer Improvement District.
Motion was made by CM Walker to continue this item until we receive written comments on the agreement. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
3. Public Hearing – General Plan amendment from A-2 (agriculture) and RE-20 (residential) to CP-3 (commercial) for property located at approximately 2803 N 1000 W for Admiral Beverage. (Presenter: Bruce Talbot)
Motion was made by CM Hjorten to go into a public hearing to consider amending the General Plan. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Bruce Talbot: this is for Admiral Beverage located between 2700 N and HWY 89 and 1000 W to expand their facility. Clarence Foster, Admiral Beverage Plant Manager, asked if there were any questions. The current timing is to bring in a proposal and begin in November after getting the zoning. We would continue the current burming to the north and then to the west along the church property, but we would hope for more zero-scaping with less turf. We will bring in that proposal. We are just expanding the warehouse at this time. Bruce Talbot: they are not using a lot of the property at this time. CM Boehme: are there two zones, RE-20- and A-2, do they match the current zoning? Bruce Talbot: yes.
Motion was made by CM Hjorten to end the public hearing to consider the General Plan amendment. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
CM Boehme: the General Plan was put together with thought. Being on the planning commission we realized that Admiral Beverage would expand into that area and I have no real objections.
Motion was made by CM Boehme to approve the General Plan amendment from A-2 (agriculture) and RE-20 (residential) to CP-3 (commercial) for property located at approximately 2803 N 1000 W for Admiral Beverage (Ordinance 2008-8). 2nd by CM Hjorten. Roll call vote.
Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
4. Public Hearing – Zone change from A-2 (agriculture) and RE-20 (residential) to CP-3 (commercial) for property located at approximately 2803 N 1000 W for Admiral Beverage. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to go into a public hearing to consider a zone change. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Mayor Clifford asked for comments. No comments were given.
Motion was made by CM Boehme to end the public hearing to consider a zone change. 2nd by CM Humphreys. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Motion was made by CM Boehme to approve the zone change from A-2 (agriculture) and RE-20 (residential) to CP-3 (commercial) for property located at approximately 2803 N 1000 W for Admiral Beverage (Ordinance 2008-9). 2nd by CM Walker. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
5. Public Hearing – Zone change from A-2 (agriculture) to RE-20 (residential) for property located at 2950 N 1000 W for Sherman Barker. (Presenter: Bruce Talbot)
Motion was made by CM Boehme to open the public hearing to consider a zone change. 2nd by CM Ferguson. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Bruce Talbot showed the map of the area to be rezoned. Bruce Talbot: 3000 N is designated to cross this property. The zone change is for a three lot subdivision with a remaining parcel. Mayor Clifford asked for comments from the public. None were given.
Motion was made by CM Boehme to end the public hearing to consider a zone change. 2nd by CM Hjorten. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
Bruce Talbot: not all the property is being asked to be rezoned, but all the property will come forward during the subdivision process with a remainder piece which will be addressed later. Mayor Clifford: Wasatch Civil’s plan needs to be redone. CM Boehme: by rezoning lots one thru three and leaving an agriculture parcel as a flag lot, we have no ordinance on how to deal with flag lots. CM Humphreys: it can be a subdivision in the future with a 60’ road going back into it. Sherm Barker: south of the garage there are 75’. Mayor Clifford: is this being develop without future roads. Bruce Talbot showed the master road plan. CM Walker: we prohibit cul-de-sacs greater than 500’. Bruce Talbot: they are providing a turnaround for a dead-end road, it is not a cul-de-sac, the road will continue in the future. CM Walker: how long is the road? CM Humphreys: 600’. CM Walker: I thought peninsulas are prohibited. Bruce Talbot: we are creating unusual parcels and it could be developed otherwise. CM Walker: how does the ordinance read? Bruce Talbot: when approved, we don’t allow the isolation of pavement. Laurie Hellstrom: should the 60’ road be corrected upfront? CM Humphreys: we’ll correct it. CM Boehme: the Barker property is tied up and it will never be subdivided. Mayor Clifford: this is a serious issue. What is really happening and the plans need to be redrawn. Mayor Clifford: all we are dong now is a rezoning. CM Humphreys: he has been planning for the remaining parcel.
Motion was made by CM Hjorten to grant the zone change from A-2 (agriculture) to RE-20 (residential) for property located at 2950 N 1000 W for Sherman Barker, subject to staff recommendations (Ordinance 2008-10). 2nd by CM Ferguson. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, and CM Walker. Abstained vote: CM Humphreys. Motion passed.
6. Consider amending the 2008-09 fiscal year budget for the completion of prior year projects continued from August 26, 2008. (Presenter: Laurie Hellstrom)
Mayor Clifford: Paul, review the two current projects we are doing and the projects for this year. Paul Ellsworth: there is the 800 W grind and overlay project and the 2550 N patching and popcorn overlay totaling $111,000. There is an additional $25,000 needed on the 2550 N project because of the increase on asphalt. Mayor Clifford: when we run out of $85,000 for 2550 N we are done. Paul Ellsworth: it has not gone out to bid yet. The most traveled area on 2550 N is 750 W and to the east. We won’t be able to get this bid out and done until spring. The 800 W project has not been bid either. $35,900 is the additional cost on 800 W. The timing on it is next spring. Mayor Clifford: do we really know what our projects are this year. Paul Ellsworth: no, not until we get these other projects done. CM Hjorten: the additional cost, did it come from our engineer? Paul Ellsworth: no that came from me and the cost of asphalt, my prices are cheaper and more realistic than the engineers, his would come back the same as this and I’m a lot cheaper. Mayor Clifford: what are the estimated revenues for B&C monies? Laurie Hellstrom: $538,000 which includes this year’s budgeted revenue. Mayor Clifford: is the $124,793 project amount on the P.V.Drive sidewalk project looking firm? Paul Ellsworth: there is a change order of $80,000. This is an estimate only because of the extra walls and everything we didn’t have. CM Humphreys: what happened with the extra walls? Paul Ellsworth: I don’t know. CM Hjorten: that is 75% increase of the entire project. CM Humphreys: in talking with Paul and Mike Marsh it nearly doubled on the retaining wall from the amount that was put in. CM Ferguson: wasn’t one wall bid out? Paul Ellsworth: they bid it on square footage, but the wall by Jenny Middleton’s house is almost as tall as that by Harrison’s. CM Walker: was there a bid schedule generated by the engineer that they followed and the put in a cost per square foot? Paul Ellsworth: yes. CM Walker: was the quantity that the engineer put on the bid schedule was incorrect? Paul Ellsworth: yes, it was only engineered to the back of the sidewalk. CM Hjorten: so the engineer screwed up? Paul Ellsworth: I guess it was a lack of engineering. CM Walker: they didn’t calculate enough slope in the heights of the walls. CM Hjorten: I find that hard to believe, my son worked for them (Jones and Associates) and they were thorough. Mayor Clifford: for something that big it needs to be broken down. CM Walker has Jones verified the quantity? Paul Ellsworth: Brent Slater has been out to look at it and we had to change a whole bunch of stuff. We had to do what we are doing now as opposed to leaving it. CM Humphreys: there is some more there on the store’s parking lot. CM Mayor: somebody really screwed up. CM Walker: I am wondering about errors and omissions with our engineer. He has got insurance. CM Hjorten: when the original concept was presented to the engineer, what was presented to him? They will put together an estimate. CM Humphreys: this whole project has been a mess because of the grade. Mayor Clifford: there can’t be this kind of surprises. CM Humphreys: those grades were there. CM Boehme: the grades haven’t changed since they started. Paul Ellsworth: no, nothing has changed. CM Walker: it sounds like the problem was in the bid schedule. Paul Ellsworth: that is very possible. Mayor Clifford: we need to find out. CM Humphreys: you have to remember that this bid came in quite lower than the engineer’s estimate. Mayor Clifford: this sounds like a bait and switch and a situation where we had a bid that was a low bid that was low balled and came back with a lot of change orders in order to put it back to where the engineer’s bid would be. Paul Ellsworth: we will need to verify quantity. There hasn’t been a change order yet but there will be. CM Boehme: what if the change order comes in higher than $80,000? Paul Ellsworth: I hope not. Mayor Clifford: is the 900 W project with a $104,000 addition in the same situation? What was the original bid and how much of this is an extension of the bid. Paul Ellsworth: I don’t have the figures. Mayor Clifford: I want the same on this project. Go back to the original bid and let us understand why it is coming in the way it is. CM Walker: can I come in and look at the plans? Mayor Clifford: what was the bid? Paul Ellsworth: there was an estimate. We piggyback it off of Destination Homes. Mayor Clifford: what do we have as estimates? Paul Ellsworth: we have concrete prices. Paul Ellsworth: was it $189,000? Laurie Hellstrom: that was the amount in the budget notes that we noted to carry forward to the next year’s budget to complete. Mayor Clifford: we had a $189,000 in the budget for last year. We spent a $173,000. So we should been able to complete it for $16,000 and we need a $104,000? CM Ferguson: are Marsh’s having to eat a $1,000 a day because it is not completed? Paul Ellsworth: not now. CM Humphreys: it explains it in the letter from Marsh why they are not able to met the completion date. CM Ferguson: the letter also says they did things that the city was going to do. Did they get ahead of themselves and went ahead and did it without conferring with you? Paul Ellsworth: the only thing we were suppose to do was to pull the shrubs out by Jennie’s house. They were suppose to come in and start working on the other side. CM Ferguson: they said they had to move mailboxes, stop signs, trees, and signs. Paul Ellsworth: it wasn’t because they had to. CM Humphreys: their letter said it held them up five days. CM Walker: it didn’t take them five days to grub that, only a half a day. CM Walker: have you keep a log when they had crews on that job. Paul Ellsworth: I have not, I don’t know if Brent has. CM Hjorten: we gave them a start date? Paul Ellsworth: we gave them a start day. CM Hjorten: did we have our stuff done on the start date? Paul Ellsworth: no, all we were to do is pull out the shrubs and they were suppose to start on the west end. CM Humphreys: I have talked to Brent and he has kept some notes. CM Walker: there has been weeks when no one was working there. He needs to show proof were we caused the delays. Paul Ellsworth: Don Profazer, on the 21st, marked and wrapped the poles and that was the last we have heard from him. We are working around the poles. CM Hjorten: there was another issue here, the storm drain in front of the Straw Market will not work, has that been addressed in this $80,000? Paul Ellsworth: I don’t know. Brent has been out there, shot grades, and we have changed it several times. CM Hjorten: Marsh is saying they got the new design the 20th of August and the owner of the Straw Market has asked us to wait and I am wondering if it was included in the change order. Paul Ellsworth: the $80,000 is not a change order, that is my estimate of what we may need for the wall. CM Hjorten: who knows how much? CM Humphreys: The owner of the Straw Market has told me that the city is going to pay to redesign and do his parking lot to make it work. So we have an extra there. Mayor Clifford: we need data and detailed item by item what has changed. I don’t accept the level of detail. CM Hjorten: I would propose that we get the engineer, Marsh Construction, and staff her. Mayor Clifford: before we get Marsh in here we need to get ours together. CM Humphreys: our engineer could come in here and clarify. It is his responsibility to have us understand. The cost is in the extras and in the lack or was not picked up in engineering. Mayor Clifford; they need to be here to defend themselves. CM Walker: it could be something as simple as a technician made a mistake and not even the engineers. Mayor Clifford: we need the two projects broken down and a major review from starting of bid. CM Boehme: it looks like a lack of project management on the whole thing, the initial plan, the initial estimate, the tracking of it, and management of it from the get go. Mayor Clifford: I want to see the data first. Laurie Hellstrom: we are holding invoices that we are not paying because the projects haven’t been approved. There is a $104,000 in bill that we haven’t paid for the 900 W project and the Deer Crest area. Mayor Clifford: if they have done the work we are going to pay it. We need to find out where the system has broke. CM Walker: did we do more work up there than we intended? Paul Ellsworth: yes, and an increase in asphalt prices. CM Hjorten: then they submitted a change request? CM Walker: they didn’t have contract. Paul Ellsworth: on 900 W we didn’t have a contract. CM Humphrey: it was built as we go. We are being our own contractor. 900 W was not a set contract. CM Boehme: if we don’t have enough to finish it at some point we need to stop it. CM Humphreys: we probably made a mistake. Maybe 900 W should have been designed and bid out. CM Humphreys: our intentions were good trying to piggyback and save money. Mayor Clifford: but the piece that we piggyback was about 1/3 of it. CM Humphreys: I’m lost here, this $104.000 is to complete it and we already spent how much on it? Mayor Clifford: $173,000. CM Humphreys: this job has cost us $280,000? CM Hjorten: this doesn’t look well. CM Walker: when you call Advanced Paving did you get bids or just have them do it? Paul Ellsworth: we got prices. I had price from others. Mayor Clifford: can we make a motion to pay our current bills and continue this in a workshop and bring in the engineer and see what has happened. This can’t happen again. Paul Ellsworth: we will get the facts and everything. I have been hammered that last four years to start things and it is never ending. All I am trying to do is finish a project. I may be wrong, and if I am wrong I will take responsibility for it. The one on P.V. Drive is not my fault. I ask to be excused. Bruce Talbot: there are other budget request for the planning department. Laurie Hellstrom: do you want to here other line item request? Mayor Clifford we need to pay the outstanding invoices and to make a motion later to approve to pay $105,000 in outstanding bills. CM Humphreys: I think P.V. Drive will come out in the wash, but 900 W we probably had gone above and beyond and did approaches for people. Mayor Clifford: and sprinkler systems and sod. CM Humphreys: to please the people. Laurie Hellstrom: another budget request is the Planning and Zoning budget to carry forward the Interplan study. Bruce Talbot: we expanded the Interplan study to include HWY 89 access. Laurie Hellstrom: increase Founders Day budget by $7,000. We are always going over the budget there. The other is in the Storm Sewer fund. It is a carryover for Ormond Construction’s bid from last year. The City Hall Building Fund an additional of $7,000 to complete the animal holding facility. The Park/Open Space Fund to carryover $10,000 to complete the sprinkler system at Shady Lane Park.
Motion was made by CM Hjorten to approve the expense of $105,000 on road projects from the B&C road funds, the amendments for the Planning and Zoning and Community Promotions budgets from Section 1, and Section 2, 3, 4, and 5 as stated in the resolution. (Resolution 2008-G). 2nd by CM Boehme. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
7. Amend the consolidated fee schedule for subdivision fees. (Presenter: Bruce Talbot)
Bruce Talbot: in the new subdivision ordinance regulations it states that the fees would be subject to the fees set by resolution. The old subdivision ordinance had a paragraph that talked about the fees.
Motion was made by CM Hjorten to adopt the resolution amending the consolidated fee schedule for subdivision fees (Resolution 2008-H). 2nd by CM Ferguson. Roll call vote. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
8. Amend the round-a-bout project. (Presenter: Mae Ferguson)
CM Ferguson: I would like to replace the white rock with river rock and replace the annual plants with perennials and some boulders. CM Ferguson presented the plant selection and planting idea and estimated costs.
Motion was made by CM Hjorten to amend the plan and allow up to $10,000 to be utilized in the roundabout for perennials, replace the white rock with river rock, one flag pole with lights, and light the sign. 2nd by CM Boehme. Voting aye: CM Boehme, CM Ferguson, CM Hjorten, CM Walker, and CM Humphreys. Motion passed.
9. Discuss Open Space projects.
Laurie Hellstrom: read the impact study and see what projects could fall within the study’s perimeter. Mayor Clifford: this will be on each agenda until it is done.
Other Business:
Mayor Clifford: the grand opening for the Frontrunner will be held September 27th. When it is open we will have one train in the morning and one train at night. Bruce Talbot: they are having to share the tracks. Mayor Clifford: in January there will be two trains in the morning and two at night.
Mayor Clifford: The re-grand opening of Mt. View Landing will be held September 20th at 10:00 A.M.
Mayor Clifford: we need to get going on the General Plan. The personnel policy manual is here.
CM Humphreys: I was to get a hold of Diane Budge in the EDA area. I have talked with her and she is okay with the plans. Bruce Talbot: I will get a copy of the report of the wetlands in the EDA to the council.
Mayor Clifford: there is a meeting tomorrow with Boyer and I will be filled in on Fleming’s property.
CM Humphreys: have you all notice the WHS banners on the poles?
Adjournment: 9:40 P.M.
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