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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
August 28, 2007
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey (excused)
Leonard Call
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Bruce Talbot
VISITORS: Nicole Black Lee McDonald
Terrie Stephenson Tim Hjorten
Clair Knight Lori Reeves
Debbie Alvarez Dave Hardman
Larry Crouch Mike Hallett
Pledge of Allegiance: Doug Clifford
Opening Prayer, Reading or Expression of Thought: Doug Clifford
Comments or Questions for the Mayor and Council for items not on the agenda:
Consent Items:
Motion was made by CM Ferguson to approve the consent items (business licenses to: Nicole Black with her parents signing the application and granting the exception for her to work from their home for hair salon, Dixie Higgs for a hair salon, Alliance Credit Union for a financial institute, Beth Maughan to teach art lessons, and the minutes of June 26, 2007) 2nd by CM Clifford. Voting was unanimous in favor.
Business:
1. Closed meeting – pending litigation matters.
Motion was made by CM Humphreys to go into a closed meeting. 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 Call to end the closed meeting. 2nd by CM Clifford. Voting was unanimous in favor.
2. Request for beer license at 879 W Pleasant View Drive for the Straw Market.
Laurie Hellstrom: Lee McDonald is asking for a Class A beer license (off premise) and the ordinance is attached to the request. CM Clifford: the ordinance stated “not in the proximity of a church or school.” Lee McDonald: I’m going on grandfathering. I prefer not to carry it. I can hire younger kids and save money. I’m not going to advertise. I have two cases dedicated to general beer sales. I will also be opened on Sunday. Mayor Wheelwright: how do you define “proximity”? Lee McDonald: if I had blaring advertising with the church across the street, but I going to have two doors in a corner with no advertising and neither on cigarettes. Mayor Wheelwright: do you fear if it is hiding in the corner teenagers will get out with it? Lee McDonald: it’s on an aisle with cameras. It will be minimized, but there. CM Clifford: I understand your position. If there is an ordinance on the books and it reads not in the proximity of a church or school what do you say? CM Call: “proximity” is too vague. It is not defined. It’s been zoned for commercial for years. There were two stores across the street from the church with beer sales. We need to amend the ordinance. CM Clifford: I would feel comfortable if we could change the ordinance and make it legal, otherwise I can’t support it, even if it is vague. Mayor Wheelwright: would that provision hold up legal and enforceable or to vague to enforce? Until it happens, it’s as if it is not there. Lee McDonald: I’m assuming this meeting was advertised and I would hope any concerned citizen would be here. Mayor Wheelwright asked for comments. None were given. CM Call: when do you plan to open? Lee McDonald: September 9th or 10th. Mayor Wheelwright: “proximity” once meant not across the street. CM Humphreys: the stores once sold beer. Lee McDonald: this is not an adult type business and not advertised as one. This is a small source of income. Mayor Wheelwright: do you agree to limit exterior advertising of beer? Lee McDonald: it never will be if I own it. We need to get educated on selling beer.
Motion was made by CM Humphreys to approve a beer license permit subject to no outside and inside advertising of beer and cigarettes except labeling on the cooler doors and signing the formal application/agreement. 2nd by CM Call.
Discussion on the motion. Mayor Wheelwright: you are agreeing to do these things and if not the city can revoke your business license? Lee McDonald: yes. CM Clifford: I’m not supporting it, but I could if we were granting it contingent upon modifying the ordinance.
Voting: Voting Aye: CM Call and CM Humphreys. Voting Nay: CM Clifford and CM Ferguson. Mayor Wheelwright voted ‘aye’ to break the tie vote. Motion passed.
Mayor Wheelwright: I voted aye based on historically it has been at that business. The definition of proximity is other than right across the street, it is vague, and whether it could hold up against Lee McDonald on the enforceability of it, but I’m pleased with what he is doing in advertising which is not too intense and making it a family business. CM Clifford: we need to change the ordinance. It could be challenged by citizens.
3. Consider a resolution encouraging support of a ballot measure increasing the sales and use tax by one-quarter cent to fund critically-needed local transportation projects.
Dave Hardman presented the history of the resolution. Growth can’t continue without transportation. The funds will be ranked by WACOG.
Motion was made by CM Call to approve the resolution (Resolution 2007-E). 2nd by CM Ferguson. Roll call vote: Voting Aye: CM Ferguson, CM Clifford, CM Call, and CM Humphreys. Motion passed.
4. Conditional Use approval for a Day Care Center in a C-2 zone on property located at 2647 N 1000 W.
Bruce Talbot: the use is not specifically listed in the table, but adult care is and the planning commission felt that there was no difference on impact between the two. This is an existing business. Mayor Wheelwright: where the sign will be located? Bruce Talbot: along 1000 W. Mayor Wheelwright: are there any questions for the applicant? None were given. Bruce Talbot: we are hearing the conditional use permit only, the planning commission is doing the site plan approvals. CM Humphrey: there is an open ditch south of the building, are there concerns with that? Also, there are three busy streets; 1000 W, 2700 N, and HWY 89, is that a concern? Debbie Alvarez: the play area is fenced. We are currently located on 2700 N and we have never had a problem.
Motion was made by CM Clifford to grant a conditional use subject to the staff recommendations. 2nd by CM Ferguson. Voting was unanimous in favor.
5. Consider a resolution approving an Interlocal Agreement between Pleasant View City and Weber County on the water tank.
Mayor Wheelwright: the water tank in located in Weber County. The agreement is for us to assume any liability. Bruce Talbot and Fred Hellstrom have been directed to explore annexing the property into the city.
Motion was made by CM Humphrey to approve the resolution. 2nd by CM Clifford. Roll call vote. Voting Aye: CM Humphreys, CM Clifford, and CM Ferguson. Abstained vote: CM Call. CM Call abstained because he is a department head at Weber County. Motion passed.
6. Approve the Request for Proposal to Provide Audit Services fore Pleasant View City.
Motion was made by CM Call to approve the Request for Proposal. 2nd by CM Clifford. Voting was unanimous in favor.
7. Consider adopting an ordinance granting Questar Gas Company a franchise for the construction, operation and maintenance f gas distribution system in Pleasant View City.
Motion was made by CM Call to adopt an ordinance granting Questar Gas Company a franchise (Ordinance 2007-12). 2nd by CM Humphreys. Roll call vote. Voting Aye: CM Clifford, CM Call, CM Humphreys, and CM Ferguson. Motion passed.
8. Approve landscape plan for the roundabout.
Motion was made by CM Ferguson to approve the landscape plan as presented. 2nd by CM Clifford. Voting was unanimous in favor.
9. Closed Meeting – collective bargaining.
Motion was made by CM Humphrey to go into a closed meeting. 2nd by CM Ferguson. Voting was unanimous in favor.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Humphreys to end the closed meeting. 2nd by CM Clifford. Voting was unanimous in favor.
10. Closed Meeting – discuss personnel issues.
Motion was made by CM Ferguson to open a closed meeting. 2nd by CM Humphreys. Voting was unanimous in favor.
Minutes of the closed meeting are protected records and are filed separately.
Motion was made by CM Humphreys to end the closed meeting. 2nd by CM Call. Voting was unanimous in favor.
Other Business:
CM Ferguson: the 400 W detention basin has not been mowed. There are two tiles missing on the front porch. Do we have a nuisance ordinance? Bruce Talbot: we can declare nuisances. The nuisance complaint will be given to him.
CM Clifford: residents around the Alders Creek Subdivision are worried that the development will pollute their streams. Bruce Talbot: I have met twice with folks from that area.
CM Call: we need to update the mayor’s pictures.
CM Humphreys: if we can’t get Thompson’s agreement, we still need to move our power poles on 600 W. CM Bailey needs to work with the Thompson’s. I was impressed with the professionalism of the police and fire department during the fatality accident that occurred in Pleasant View.
Adjournment: 10:25 P.M.
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