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City Council Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
January 24, 2006 MAYOR: Michael Wright
COUNCILMEMBERS: Kevin Bailey Leonard Call
Doug Clifford
Michael Humphreys Tim Wheelwright
Laurie Hansen Bruce Talbot Kent Jones
Scott Boehme Josh Graham William Virgil Johnathon Hales David Putnam Jr. Keith Christian Gary Summerhays Dave Hulme
John Hansen
Nevin Limburg Paul Ellsworth Rich Jones
Taylor Boehme Collette Virgil Marianne Parker Colby Wright Eric Stakebake Laurence Wight Ken Wagstaff Chris Walker Shawn Moss
Meeting was called to order at 5:00 P.M.
Opening prayer, reading or expression of thought: Kevin Bailey
Pledge of Allegiance: Tim Wheelwright
Comments or Questions for the Mayor and Council for items not on the agenda Collette Virgil: it is important for the city council to have the planning commission minutes in their packets before approving items. There should also be a representative from the city council at the planning commission meetings. CM Clifford: it was discussed. We now have a staff representative in attendance at the planning commission meetings. Nevin Limburg: it is important to maintain a separation of bodies. CM Wheelwright: I'm requesting minutes and the documentation that the planning commission reviewed when they made their recommendation. I want to let the public know that we take the planning commission's recommendations seriously. The city council concluded that we want the minutes, but no one needs to be a the planning commission meeting.
Minutes:
Motion was made by CM Humphreys to approve the minutes of January 3, 2006. ED 2nd by CM Clifford. Voting Aye: CM Clifford, CM Bailey, and CM Humphreys. CM Call and CM Wheelwright were absent during the approval.
Motion was made by CM Wheelwright to approve the minutes of January 10, 2006 as amended. 2nd by CM Call. Voting was unanimous in favor.
Business:
1. Work session - Discuss councilmember's responsibilities and appointments to the Economic Development Committee. The council discussed what responsibilities each city council member should have.
2. Closed Meeting - property acquisition. (Presenter: Nevin Limburg) Motion was made by CM Bailey to go into the 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 Humphreys to end the closed meeting. 2nd by CM Bailey. Voting was unanimous in favor.
3. Action from the work session - set the councilmember's responsibilities and appointment of„the Economic Development Committee. (Presenter: Mayor Wright)
Motion was made by CM Bailey to set the councilmember's responsibilities as follows:
Mayor: Michael Wright;
Administrative oversight Newsletter/website/public information Northview Fire Dept. Board
WACOG
Public Relations
Council: Kevin Bailey ( Public Safety
Sales Tax Committee Rep. Senior Citizen Rep.
Storm Sewer
Council: Leonard Call
Budget (primary)
Economic DevelopmentCommittee Information Technology
Open Space Acquisition Coordinator Streets
Council: Michael Humphreys Community Beautification Culinary Water/2ndaryWater Parks
Sanitary Sewer
Solid Waste (garbage)
Council: Tim Wheelwright
Mayor Pro Tem
Ordinance/Legislation Coordinator Recreation
Research and Grants
RESPONSIBILITIES (as of January 2006) OF THE
PLEASANT VIEW CITY COUNCIL
Youth Council Rep.
Council: Doug Clifford
Budget (secondary)
Commercial Economic Development Community Activities
Emergency Preparedness/CERT RDA-Taxing Entity Committee Urban Wildfire
****Mosquito Abatement - Richard Lewis
****Sanitary Sewer - CWSID representative- Jim Fisher
2nd by CM Clifford. Voting was unanimous in favor.
4. Re-appointment to the Board of Adjustment. (Presenter: Mayor Wright)
Motion was made by CM Call to accept the re-appointment of Tim Blackburn and the appointment of Todd Walker to replace Dave Marriott to the Board of Adjustment. 2nd by CM Wheelwright. Voting was unanimous in favor.
5. Mountain Vineyard Subdivision Phase 1 - Request final inspection and end the two year guarantee period. (Presenter: Bruce Talbot)
Bruce Talbot: a legal opinion was requested at the last meeting regarding the fencing requirement in the event of a zone change. If the zoning changes before the fence is require to be installed, then the zoning requirement no longer applies. If the fence was a specific requirement of the subdivision approval, then that requirement would not change. The RE-20 zone allows for animal rights. CM Clifford: we shouldn't use a vague ordinance to hold hostage the development. CM Bailey: those properties are not different than the property to the south. It can keep animals, and we should look out for the safety on both sides of the fence. It has the ability to become agriculture, and it needs adequate fencing. CM Clifford: we need to assume there could be animals. CM Wheelwright: in theory a fence is required and someone is going to put in the fence. He would relieve them from putting in the fence. CM Clifford: privacy fence is different from an agricultural fence. Keith Christian: the wire fence still exists.
Motion was made by CM Call to grant final inspection and end the two-year guarantee period based on the attorney's opinion and the need for a clearer ordinance, the fact that the `zone changed to RE-20 and RE-15, and subject to Kent Jones' memorandum dated January 19, 2006. 2nd by CM Wheelwright. Voting was unanimous in favor.
Keith Christian asked for a letter that the areas by RE-15 in phase 2 are not required to have fencing.: CM Wheelwright: directed staff to work on the ordinance.
6. Gary Summerhays - Discussion of the status of lots 204, 205 and 206 of Majestic Heights Subdivision Phase 10. (Presenter: Bruce Talbot)
Mayor Wright: this is for discussion and information only. Bruce Talbot: there are two opposing legal views. In attendance were: Shawn Moss, representing the backyard landowners andjKen Wagstaff and Gary Summerhays are the lot developers. Shawn Moss: it is common to have steep driveways. CM Wheelwright: the only issue is whether a plat amendment is necessary. Our attorney says it is required. I say it is required. The landowners say it's required. I don't understand, and I need to know the reason why a plat amendment would not be necessary. CM Call: recommended a plat amendment and if the planning commission denies it then appeal it to the board of adjustment. CM Wheelwright: what we need to do now is determine if a plat amendment is required and if not, why. Gary Summerhays: the subdivision is already established, it is part of a subdivision. The lots are not being changed. The planning commission in June took no exceptions to the request. CM Wheelwright: the request is not under our jurisdiction to act. I can see how the developers would think they had more than that. 'CM Call: our attorney says there needs to be a plat amendment. The simple solution is to first get on the planning commission agenda. Ken Wagstaff: The three lots are existing. We are only asking for the right to cross another yard, and it is not up to the city to say. The landowners are responsible if they let other owners drive across another's property. They are sharing ownership rights of the driveway. Ken Wagstaff: we gave an official request. CM Call: it is our ordinance, our attorney's opinion, we can 'interpret the ordinance, and we believe you need to go through that process and give due process. Mayor Wright: a statement was made that the road will cut down the size of the lots. Ken Wagstaff: it is a private driveway. Their attorney, Knowles, would say that because of the topographic of the land, an exception could be granted. We are here to get that exception. CM Bailey: those issues are part of the application process. CM Call: the exception can be granted after recommendation by the planning commission. CM Clifford asked when the ruling was made by the planning commission. CM Wheelwright: the planning commission didn't give a ruling. How will this affect the contractual obligation on the property? Gary Summerhays: if it is not resolved this will be in a lawsuit with Wadamn. It could be extended. The driveway is steep. It is over the 12% allowed by the city. Mayor Wright: make a reapplication for a subdivision amendment in order for the city to take an action. Ken Wagstaff asked if the three property owners only need to sign the amended plat. Rich Jones, City Attorney: the law is clear, there are a number of reasons why this is a subdivision amendment and no public notices were sent out for the June's planning commission meeting. The laws are specific on what needs to be done. There is nothing the city council can do tonight. There is no application. We didn't create any time deadlines. He encouraged the council to not take additional comments.
7. Request direction on replacing the building inspector. (Presenter: Bruce Talbot)
Bruce Talbot: requested direction from the council on hiring a building inspector to replace Ken Martin. Mayor Wright: the city had a bargain with Ken Martin. He did a great job, and he did it for $12,000 a year. After discussion, the council directed Bruce to advertise for a part-time inspector.
8. Utility Cost Management Consultants- Consider service to research utility costs. (Presenter: Nevin Limburg)
Marc King discussed his services and how they audit bills.
Motion was made by CM Clifford to accept the agreement with Utility. Cost Management Consultants for their services and authorize the mayor to sign the agreements subject to legal review. 2nd by CM Wheelwright. Voting was unanimous in favor.
9. Report on the Energy Sales and Use Tax rate. (Presenter: Nevin Limburg)
Nevin Limburg: the city received a letter from the Utah Local Cities and Towns asking cities to reduce their tax rate and give relief to tax payers because of the increase in energy costs, and there are some concerns that it is not a fair windfall to the cities. Rich Jones', city attorney: opinion is that there is a statutory 90 day waiting period before the starting date. A relief could not happen until next winter. CM Call questioned whether the windfall is real or not. The percentage will go up but also our costs will go up. Has an analysis been done? CM Wheelwright asked that it be reviewed during the budget process.
10. Budget Review. (Presenter: Laurie Hansen) The budget as of December 31, 2005 was reviewed.
12. Business license approvals. (Presenter: Laurie Hansen)
Motion was made by CM Wheelwright to approve a solicitor's license to Shawn Maynard for offering heating and A/C services. 2nd by CM Clifford. Voting was unanimous in favor.
Motion was made by CM Call to approve a business license to Jesus Martin Estrada for a crafts/hats/,t-shirt sales business. 2nd by CM Clifford. Voting was unanimous in favor.
allow for multi-use (housing and city center) in the area of 2700 N and the property that
Other Business:
Mayor Wright: he has met with a group with a proposal to amend the EDA area to
borders Farrwest. They would purchase the ground, up to 80 acres outside of the EDA. The land owners in that area are confused because of a lot of talking. The group believes that the proposal will only be supported by housetops. CM Clifford: there is still a lot of residential on the east side of Hwy 89. Mayor Wright: they are working with Wikstrom. CM Clifford is concern that these things can co-exist. Why does it have to be in the EDA? Can the EDA boundaries be amended? Mayor Wright: with private developers, they build infrastructure and the city doesn't have to bond. Discussion continued.
Adjournment: 8.25 P.M.
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