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MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF PLEASANT VIEW CITY, UTAH
September 25, 2007
MAYOR: Tim Wheelwright
COUNCILMEMBERS: Kevin Bailey
Leonard Call (absent for the consent items)
Doug Clifford
Mae Ferguson
Michael Humphreys
STAFF: Laurie Hellstrom Paul Ellsworth
Scott Jackson Bruce Talbot
VISITORS: Christy Bailey Travis Porter
Dr. Ritchie Fred Mabrey
Clayton Gilliland Steve Meyers
Kevin McFall Hyrum Jones
Sean Krebs Tamra Krebs
Mike Pitman Spencer Andersen
Colton Burr Jorom Sowley
Bronson Nye Dane Allvey
Alec Hogge Tyler Christiansen
Spencer Sowley Dave Parsons
Van G. Christiansen Brent Barker
Richard Lewis Carolyn Sandstrom
Keith Sandstrom Carma Viterna
Stephen Poulter Dave Iverson
Trudy Iverson Cari Etherington
Mr. Piotrowski Mike Hallet
Pledge of Allegiance: Troop 13
Opening Prayer, Reading or Expression of Thought: Kevin Bailey
Comments or Questions for the Mayor and Council for items not on the agenda:
Mr. Piotrowski asked for sidewalks on Pleasant View Drive by the city park because of a safety issue when he walks. Mayor Wheelwright: the city is in the process of installing sidewalk on Pleasant View Drive from 700 W to the Market for the schoolchildren.
Mike Hallet: thank you for participating in the field trip and giving it your all.
Consent Items:
Motion was made by CM Humphreys to approve a business license to Kevin Bailey for a business to sale hay. 2nd by CM Ferguson. Voting Aye: CM Humphreys, CM Clifford and CM Ferguson. Abstained Vote: CM Bailey. Motion passed.
Motion was made by CM Bailey to approve the business license for Ogden Clinic and the minutes of September 11, 2007 and September 18, 2007. Voting was unanimous in favor.
Business:
1. Recognition of Utah Transit Authority, Commuter Rail Constructors, and Randy Marriott for cooperation with an alternative truck route. (Presenter: Mayor Wheelwright)
Mayor Wheelwright: we need to publish this and send a press release. We have dealt with the gravel trucks for many years in the city and it is a common site to see. It was alleviated for some time but in March, it changed for a couple of reasons. The alternate route was no longer available and the commuter rail project started and there was an increase in trucks and large double trailer trucks. We decided to approach UTA and bring this to their attention. We appreciate Steve Meyer with UTA in being proactive. We would like to recognize them and thank them on this win/win situation. We have to say that we were so impressed how Commuter Rail Constructors acted honestly and with integrity. If Randy Marriott was here, it was not possible for him to be here, he made it all possible by allowing his property to be used for access. He could have turned a cold shoulder but he didn’t do that. I propose tonight that we simply recognize UTA, Commuter Rail Constructors, and Randy Marriott for coming together to make this happen and each played an important role. We will be sending a letter to the UTA Board of Trustees and similar letter to Commuter Rail Constructors. Thank you all.
2. Consider adopting a utility bill relief program for military residents.
Mayor Wheelwright: this was discussed at last meeting. This is a program we want to implement for the city. Mayor Wheelwright read the resolution. CM Call: what about extra ordinary usage and those with a second garbage can. The council determined that there wouldn’t be many in that situation.
Motion was made by CM Call to approve a resolution adopting a utility bill relief program (Resolution 2007-G). 2nd by CM Bailey. Voting aye: CM Humphreys, CM Bailey, CM Call, CM Clifford, and CM Ferguson. Motion passed.
3. Public Hearing to consider a plat amendment (lot line adjustment) for property located at approximately 3650 N 900 W for the Sandstrom’s property. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to go into a public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Bruce Talbot: the state law requires approval from the land use authority. There are two lots and they are readjusting the lot line. The rear of one lot will be given to the other. I see no disadvantage in doing that. The planning commission recommended it. The only question is what the county will require for recording. CM Bailey: I got a call from a neighbor. Will there be no adjustment to the existing boundaries? Bruce Talbot: there was a variance when it was being surveyed, but they placed it at the fence line. CM Clifford: are the lots still 20,000 sq. ft.? Bruce Talbot: no violation will occur. Mayor Wheelwright asked for comments from the public. Carolyn Sandstrom: I hope this will be approved. The east line was 5’ off and rather than dispute it we are using the existing fence line. The adjustment is a natural look. Keith Sandstrom: there was the problem with the survey. The center markers to the road are, as the city should have it.
Motion was made by CM Bailey to close the public hearing. 2nd by CM Humphreys. Voting was unanimous in favor.
Motion was made by CM Call to approve a plat amendment (lot line adjustment) for property located at approximately 3650 N 900 W. 2nd by CM Ferguson. Voting was unanimous in favor.
4. Consider subdivision final approval for Barker Subdivision (lot split) located at approximately 500 W Pleasant View Drive. (Presenter: Bruce Talbot)
Bruce Talbot: this is a lot split. There is an existing home on the lot and a piece will be split off from it. I have spent a lot of time with the property owner on the location of the home. This went to the Board of Adjustment for a frontage requirement variance. The planning commission recommended it. There are improvements that need to be installed or deferred. It needs the appropriate utility easements and storm drain easement. Brent Barker: I want to build a home. There are no plans for re-subdividing for more homes. We are positioning the home so that in the future it could be subdivided again.
Motion was made by CM Bailey to approve the Barker Subdivision (lot split) located at approximately 500 W Pleasant View Drive as outlined with the proper utilities easements, approval to defer the improvements, and subject to staff conditions. 2nd by CM Call. Voting was unanimous in favor.
5. Public Hearing to consider a zone change for property located at approximately 940 W 2550 N from an RE-20(residential zone) to C-2 (commercial zone) for the construction of additional storage units. (Presenter: Bruce Talbot)
Motion was made by CM Bailey to open a public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
Bruce Talbot: the property has the house on it on 2550 N and surrounded by storage units. Wildcat storage says its time to finish and build more storage units. The fire department wants better access. It is a small parcel to be utilized for other commercial uses. Mayor Wheelwright: this is only a zone change and we are not approving the concept plat. Are there any comments from the public? None were given.
Motion was made by CM Call to close the public hearing. 2nd by CM Ferguson. Voting was unanimous in favor.
Motion was made by CM Clifford to accept the zone change for property located at approximately 940 W 2550 N from an RE-20(residential zone) to C-2 (commercial zone) for the construction of additional storage units per staff recommendations (Ordinance 2007-13). 2nd by CM Humphreys. Voting Aye: CM Bailey, CM Clifford, CM Ferguson, and CM Humphreys. Voting Nay: CM Call. Motion passed.
6 Public Hearing to consider a zone change for property located at approximately 3200 N 1000 W from an A-2 (agriculture zone) to RE-15 (residential zone) for the purpose of a single family subdivision. (Presenter: Bruce Talbot)
Motion was made by CM Ferguson to open the public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
Bruce Talbot presented the staff report. Bruce Talbot: this has been to the planning commission twice. They recommended approval with the understanding that this is a zone change and not a plan approval. The concept plan needs to address dealing with the adjacent properties. They have chosen seven RE-15 items. The developer read the seven items. Bruce Talbot: the seven items will be reconsidered in the subdivision process. CM Clifford: the detention basin area is not shown on all the concept plans. Is it not needed in some of the designs? Steve Poulter: the road and the detention basin needs to be work out. One design, Parcel A will be given to the Miller’s and the detention will be on Barker’s property. Mayor Wheelwright asked for comments from the public. Dave Iverson: the main concern is for my neighbor to the east, the McClane’s. McClane’s are not being provided an access. Are you going to guarantee and access? You need to figure out as you go forward. We have signed nothing with these developers. They need a 60’ right-of-way. We would like to honor Jensen and his children. Steve Poulter: I have addressed it. I have spoken with the McClane’s. They have a narrow piece, but the bigger problem is they sold their secondary water rights, so I don’t know how they could get a subdivision. Mayor Wheelwright: why should we not be concerned with access? Steve Poulter: they have access to the west and paved to existing home. By the time they develop, the water rights could cost $15,000 per share. We are here for the zone change. We have contingency plans if we have to. CM Bailey: rezone is part of planning. Is there any consideration of fencing around Iverson’s property? Steve Poulter: I promised Dave Iverson he could develop the CC&R’s for the development, which is a home owner issue and not a developer issue. CM Bailey: Dave Iverson could have five different fences around them. CM Call: Dave Iverson is in an A-2 zone which requires fences from the developer. Steve Poulter: We will install any kind of fence that the Iverson’s desire. CM Bailey: the Viterna’s have a shop and garage in their back yard where there could be setback problems. I don’t want her to have to go to the Board of Adjustments once the proposed road is in for a variance. Bruce Talbot: Considerations will be made so the Viterna family will not be affected. Mayor Wheelwright: are there any further questions? None were given.
Motion was made by CM Bailey to close the public hearing. 2nd by CM Clifford. Voting was unanimous in favor.
CM Ferguson: I attended the planning commission and spoke as a citizen. Do I need to recuse myself I have no personnel gains? The city council stated no. CM Humphreys: McClane’s property is narrow. It is expensive to build roads. It should be a joint venture with the developers and the McClane’s could get another four lots. CM Clifford: we are going to face this more often as we built out and getting smaller pieces. We need to protect citizenry as we grow. We need to master plan as we grow. Bruce Talbot: the Mayor charged us to be more proactive and we are going to take steps. CM Clifford: how do we protect this piece? CM Humphreys: how far do you go in making a developer put in a road to the edge of property to another development. McClane’s have a road to the north, but it is a narrow piece of property and you can’t get a road down. We asked them to go into a joint venture with us and they were not interested. So how far do you go to protect another’s property? Bruce Talbot: there are payback agreements. Steve Poulter: we have no more water to allow us to develop another piece of ground. Dave Iverson: water is not cheap, but you never know if others will buy the land that have water. You should govern to make sure they have access, it is the responsibility of the government. The minutes should reflect that none of the three concept plans presented have access to McClane’s and it should before it goes much further. Steve Poulter: we gave access to the north. CM Humphreys: they could get two lots. Bruce Talbot: there is a lot of work to do. Dave Iverson: they should stub in a road further to the south. Mayor Wheelwright: Obviously, work needs to be done and there are access issues. Are there any more comments from the public? None were given.
Motion was made by CM Clifford to close the public hearing. 2nd by CM Bailey. Voting was unanimous in favor.
CM Call: Laurie is there an ordinance requiring access to other property. Laurie Hellstrom: yes, in the subdivision ordinance they should provide to adjacent properties. CM Clifford: it is listed on the staff report as #3. It is a good list. Mayor Wheelwright: is the zone change consistent with the General Plan? Bruce Talbot: yes. What zone changes have the adjacent properties received? Bruce Talbot: the Orchards and the subdivision to the east of McClane’s are RE-15. CM Humphreys: Jensen and Glendale subdivisions are ½ acre. Mayor Wheelwright: all the properties surrounding this request are RE-20 or A-2. RE-15 is across 1000 W to the west. Bruce Talbot: all along Mtn. Orchard Drive, RE-15 has been consistently approved and the General Plan allows it below the canal.
Motion was made by CM Call to approve the zone change for property located at approximately 3200 N 1000 W from an A-2 (agriculture zone) to RE-15 (residential zone) subject to staff recommendations and we are not accepting the plan but the general concept qualifies for the rezone. The list of the seven items has been reviewed and will be finalized at the subdivision process (Ordinance 2007-14). 2nd by CM Humphreys. Voting Aye: CM Call, CM Clifford and CM Humphreys. Voting Nay: CM Bailey and CM Ferguson. Motion passed.
7. Adopt a resolution requesting the recertification of the Pleasant View City Justice Court. (Presenter: Laurie Hellstrom)
Motion was made by CM Ferguson to approve a resolution requesting the recertification of the Pleasant View City Justice Court (Resolution 2007-H). 2nd by CM Bailey. Roll call vote. Voting Aye: CM Ferguson, CM Clifford, CM Call, CM Bailey, and CM Humphreys. Motion passed.
8. Adopt an interlocal cooperation agreement between Weber County and Pleasant View City regarding 2007 Municipal Election. (Presenter: Laurie Hellstrom)
Motion was made by CM Bailey to table. 2nd by CM Humphreys. Voting was unanimous in favor.
9. Approval of auditor services. (Presenters: Budget Committee)
Motion was made by CM Call to award the auditor services to Wood Richards and Associates if the amount quoted ($8,125) will not be exceeded otherwise it will go to Litz & Company. 2nd by CM Bailey. Voting was unanimous in favor.
10. Ratify court order regarding the safety and security in the court.
Motion was made by CM Ferguson to ratify the Administrative Order 07.001 regarding the safety and security in the court. 2nd by CM Clifford. Voting was unanimous in favor.
11. Workshop on amending the Alcohol Beverage ordinance.
Laurie Hellstrom: I talked with Mike Houtz on restricting advertisement and free speech. He stated that he would need to research it. CM Call: North Ogden is doing it. There must be something in the Utah Alcohol Control Act. Mayor Wheelwright: have Mike Houtz include the advertisement restriction under the Alcohol Beverage Control Act. CM Humphreys: I checked distance from churches and schools. North Ogden was 500’ and Layton was 200’ and 600’ if on premise. CM Call: we need to be careful how we address restaurants. CM Clifford: how do we measure distance - as the crow flies or walking? CM Call: there is not much wrong in our ordinance. We need to clarify ‘on premise’ and do away with the ‘proximity’ wording. Mayor Wheelwright: for the next meeting let us focus on Layton’s ordinance and make changes from it and we’ll receive Mike Houtz’s information on advertising restrictions and what is permitted by the Alcohol Commission.
Other Business:
CM Humphreys: Paul is having 600 W appraised along with the property behind Shady Lane Park.
Mayor Wheelwright: I have a concern with the lack of streetlights. There had been pressure in the past for limited streetlights. Pleasant View Estates and Evergreen have no streetlights and it posses a public safety issue. I have asked Paul to develop a lighting plan. We will also be using a common light post.
CM Bailey: we need a time-line for Greenwoods on 1100 W for the finishing of the gap in the road. Homes in Park Springs have been sold to an investor who is renting them out. Mayor Wheelwright: do we have anything on the books against that? Laurie Hellstrom: no.
CM Clifford: I got the letter from M&M Storage today. Is the city involved? CM Clifford: we need to check building permits if they are keeping up with the projected budget.
CM Ferguson: There is a new leader for the youth council, Marianne. Rushton. They are doing a cleanup on October 6th for an elderly lady. CM Ferguson showed the revised roundabout planting plan. We need to plant the bulbs and we need a couple of kids.
CM Bailey: Harold Strand has served 22 year on the Senior Citizen Board and will retire. We need to present names for his replacement. We also need to send the city’s donation to them.
Adjournment: 9:00 P.M.
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