NORTH OGDEN CITY COUNCIL MEETING MINUTES
June 9, 2009
The North Ogden City Council convened in regular session on June 9, 2009 at 5:30 p.m. at the City Offices. Notice of time, place and agenda of the meeting was delivered to each member of the City Council, posted on the bulletin board at the municipal office and posted to the Utah State Website on June 5, 2009. Notice of the annual meeting schedule was published in the Standard-Examiner on December 28, 2008.
PRESENT: Gary A. Harrop Mayor
Ronald Flamm Council Member
Martha Harris Council Member
Richard Harris Council Member
EXCUSED: Jed Musgrave Council Member
Carl Turner Council Member
STAFF PRESENT: Edward O. Dickie City Administrator
Annette Spendlove City Recorder
Sue Richey Deputy City Recorder
Gary Kerr City Building Official
Dave Nordquist Community Services Director
VISITORS: Nick Miller Edward Jager
Richard Krebs Shirley Nigro
Natalie Nigro Marilyn Harris
Dave Hulme Rachel Trotter
Jesse Felter Amanda Felter
WELCOME
Mayor Harrop welcomed those in attendance. Council Member Flamm gave the invocation and led the audience in the Pledge of Allegiance.
CONSENT AGENDA
1. Action to approve the minutes of May 26, 2009 City Council meeting.
2. Action to set August 11, 2009 as the date to hold a Public Hearing to receive comments on a Joint Resolution with North View Fire Agency to adjust the boundary of the Fire District.
3. Action to set June 30, 2009 as the date to hold a Public Hearing to hear comments regarding amendments to the 2008-09 Fiscal Year Budget.
4. Action to set July 14, 2009 as a date to hold a Public Hearing to hear comments regarding an amendment to the parking requirements for theaters.
Council Member Martha Harris moved to accept the Consent Agenda as presented. Council Member Rich Harris seconded the motion.
Voting on the motion:
All Council Members voted aye.
Motion passed.
AGENDA
5. Public comments.
Rich Krebs, 2820 N. 600 E, said he had some questions on the Green Waste Pit. What did the volunteers do wrong, why did the City change the whole thing, what will the volunteers be doing in the future with the pit, and what was wrong with a five punch card? He told the Council he would have supported raising price of the Green Waste Pass and charging for compost but he would have liked to have kept the five punch card.
Mayor Harrop told Mr. Krebs he appreciated his comments. He encouraged Mr. Krebs to attend the meeting being held this Thursday night where all of the issues surrounding the Green Waste Pit will be discussed. Ed Dickie, City Administrator, told Mr. Krebs that the City appreciated the work done by the volunteers. He explained that part of the meeting on Thursday would discuss extending the hours on Saturday. He also told Mr. Krebs he hadn’t heard there had been any problems with volunteers. The fees on the new ten-punch card increased by $.50 per punch. Mr. Dickie told Mr. Krebs the Council would be considering a one-punch pass this evening. Mr. Krebs said there had been some confusion on whether volunteers were needed. What caused this confusion? Mr. Dickie said he didn’t know but the City does need the volunteers. He thanked Mr. Krebs for his many years of service as a volunteer.
6. Swearing in of Youth Council Members.
Kelsey Spaulding, Youth Council Mayor, reported on the activities of the Youth Council for 2008-2009. These activities included the following: the Youth Council participated in a fund raiser during Battle of Bands; members helped with Cherry Days; helped with Art in the Park for the Civic League’s Art Festival, put on the Annual Youth Dance at Barker Park with a food drive attached to admission; helped with Haunted Oaks Carnival; sponsored the Turkey Drop Off for three families; helped with the Santa Shack during the month of December, attended “Meet Your Legislator Day”; participated in the Leadership Conference at Utah State; met Gov. Huntsman as he honored local Volunteers; helped with the Kiwanis Road Clean-up; spearheaded the yearly membership drive for the Youth Council, and held elections for next year’s Youth Council Officers.
Mayor Harrop thanked Council Member Rich Harris and his wife Marilyn for their work with Youth Council these past several years. The Mayor also noted the wonderful growth that had taken place within this group of young people during the past year.
7. Introduction of new employee in Community Services.
Dave Nordquist, Community Services Director, introduced Jesse Felter as the new Assistant Parks Supervisor recently hired by the City. He is one of triplets and has attended local public schools graduating from Weber High School where he was a member of the golf team. He has worked for Harrisville City for the past two years before coming to North Ogden. Mr. Felter also owns his own video and photography business.
8. Discussion and/or action on a variance request from Nik Miller of Mason Cove allowing the spacing on the rock wall to the curb to be 8 feet instead of the standard 9 feet 6 inches.
Gary Kerr, City Building Official, explained that this is a subdivision request which City Ordinance requires must go before the City Council instead of the Board of Adjustment. To make some of the lots more attractive, the developer of Mason Cove Subdivision put in a retaining wall system. Because the retaining wall was misplaced about 1.5 ft. to 2 ft. from the property line there isn’t room for a 9-foot 6-inch park strip along this 100 foot section.
Council Member Martha Harris said she had been up to look at the area and could see that the retaining wall is very much in place and there really wasn’t room for the required spacing of 9 feet 6 inches along this section. She asked Mr. Miller about the retention basin for the subdivision. He said he hadn’t been involved with this project until about 6 months ago but he would like to have the City involved in its construction so it will follow the correct specifications and be easy for the City to maintain. Council Member Martha Harris said she would like the basin to be as aesthetically pleasing as possible with features that are easily maintained. Mr. Dickie said Mr. Miller, Mel and Kent Jones would meet to ensure the basin is built to the City’s satisfaction.
Council Member Martha Harris moved to approve the request for a variance from Nik Miller of Mason Cove to allow the spacing from the rock wall to the curb to be 8 feet instead of the standard 9 feet 6 inches. Council Member Flamm seconded the motion.
Voting on the motion:
Council Member Martha Harris - yes
Council Member Rich Harris - yes
Council Member Jed Musgrave – excused
Council Member Ron Flamm – yes
Council Member Carl Turner – excused
Motion passed.
9. Discussion and/or action to approve Resolution 06-2009. A Joint Resolution with North View Fire Agency to adjust the boundary of the Fire District.
Annette Spendlove, City Recorder, told the Council the County inadvertently left off the recent annexations of the Barker and Mackley properties. This resolution will allow the Fire District to annex these properties, thus including them within the boundaries of the Fire District.
Council Member Flamm moved to approve Resolution 06-2009, a Joint Resolution with the North View Fire Agency to adjust the boundary of the Fire District. Council Member Rich Harris seconded the motion.
Voting on the motion:
Council Member Martha Harris - Yes
Council Member Rich Harris - yes
Council Member Jed Musgrave –excused
Council Member Ron Flamm –yes
Council Member Carl Turner –excused
Motion passed
10. Discussion and/or action on the 2010 Census Proclamation.
Mrs. Spendlove asked Council to pass this proclamation in support of 2010 Census. By validating its support through a Proclamation this will make it easier for the City to get federal grant monies. Mayor Harrop asked if LDS missionaries would be counted in this census. Mrs. Spendlove said she would have to check to see if that policy had been changed from the last census.
Council Member Rich Harris moved to approve the 2010 Census Proclamation. Council Member Martha Harris seconded the motion.
Voting on the motion:
Council Member Martha Harris - yes
Council Member Rich Harris - yes
Council Member Jed Musgrave –excused
Council Member Ron Flamm –yes
Council Member Carl Turner – excused
Motion passed.
11. Discussion and/or action on Resolution 07-2009, a resolution amending the Consolidated Fee Schedule to allow for a one-punch pass for the Green Waste Facility at a fee of $3.00.
Mr. Dickie reviewed this item for the Council explaining that this change would allow people to purchase a one punch pass as requested by the Council. The cost will be fifty cents more than a punch on the 10 punch pass. Council Member Rich Harris asked if it was good for all day. Mr. Dickie said the one punch will allow the holder to dump off refuse while the pit is open that day but if a resident wants to dump off green waste and pick up mulch or compost they would need to have more than one punch.
Council Member Flamm moved to approve Resolution 07-2009, a resolution amending the Consolidated Fee Schedule to allow for a one-punch pass for the Green Waste Facility at a fee of $3.00. Council Member Rich Harris seconded the motion.
Voting on the motion:
Council Member Martha Harris - yes
Council Member Rich Harris - yes
Council Member Jed Musgrave –excused
Council Member Ron Flamm – yes
Council Member Carl Turner – excused
Motion passed.
12. Discussion and/or action on approval of Business License Application for Boot Camp.
Mr. Kerr said the Community Services Department had already approved the use of one of the City’s parks for this boot camp. He told the Council he had concerns about possible liability issues. He asked the Council for their input on this. Mr. Kerr said he had emailed the City Attorney to see if the City would be liable if something happens during sessions. He hasn’t heard from Bruce Evans, North Ogden City Attorney. Mr. Kerr said if the Council would like to approve this he would recommend approving it with the contingency that the City accepts no liability for this business. Mr. Dickie said he supported Mr. Kerr’s concerns and his recommendation.
Council Member Rich Harris asked what the time frame was for this business. Would the delay have a crippling impact on the business? He said he was concerned because with the Council’s summer schedule if this were tabled it could be postponed for up to five weeks. Council Member Martha Harris said without a representative here for the business she wouldn’t want to proceed. She said she thought it could be an agenda item on June 30, 2009. Council Member Flamm asked how this compares with other groups that use park. Mr. Kerr said this business would be working with older people not working with kids. Council Member Rich Harris also said he wondered if it is proper to use public property to make money for a private business. He asked if the soccer league was a profit making entity, the Art Festival and Cherry Days booths.
Council Member Rich Harris moved to table this item. Council Member Flamm seconded the motion.
Voting on the motion:
All voted aye.
Motion Passed.
13. Public/Council comments.
Ed Yeager, 1363 E. 2600 N., asked if the new fee schedule had been approved for the Green Waste Pit. He also asked if there is accountability for cards the City sells and the amount of money taken in. Mrs. Spendlove said staff is keeping track of the money and the cards. Cards are printed up in groups of 100 and we are keeping track of how many are printed. Mr. Yeager asked about the possible liability attached to the Equestrian Park? Council Member Rich Harris said the City has liability insurance to cover those activities. He told Mr. Yeager the City was concerned with residents using their private equipment at the Green Waste Pit.
Natalie Nigro, 204 W. 3325 N., asked how she would find out about the proposed amendments to the 2008-2009 Budget. Mrs. Spendlove told her to contact her during business hours and she could furnish that information.
Gordon Burton, 110 E. 2550 N. came before the Council to discuss his ongoing problem with the Chamber’s peacocks. He said he has called numerous times about the birds trespassing on his property. Animal Control has done nothing to take care of the problem. Early this morning he had peacocks screaming under his bedroom window at 5 am. Why is it nobody’s problem? Council Member Flamm said he thought the owner of birds lived in the County. Mr. Burton said that might be the case but the birds were in his yard, which is in North Ogden and still nothing is done. He said he has never seen the Animal Control Office even come out and try to deal with it. He has gotten no help from the City. The peacocks also bother other neighbors. Chief Afuvai said the problem is county peacocks coming into the City. He said he has a record back to 2003 of all calls coming from Mr. Burton’s address but only one was to Animal Control in 2009, Officer Seamons went out and talked with him and then would talk to Mr. Chambers. Chief Afuvai explained to Mr. Burton that if the birds aren’t on his property when the officer comes out then he can’t cite Mr. Chambers. Mr. Burton, however, could sign a complaint against Mr. Chambers for his wandering peacocks. Chief Afuvai said the Police Department has a record of receiving two other calls from Mr. Burton’s neighbors. Officer Jerry Wade responded and talked to Mr. Chambers. Mr. Chambers said he would talk to his neighbors and resolve the problem with the birds. Chief Afuvai said he didn’t hear how that had turned out so he assumed the problem had been solved. Mr. Chambers had indicated he was willing to find a solution that would keep the birds on his property. Council Member Flamm said his son lives west and south of Mr. Burton and has seen the birds on the road. Chief Afuvai said peacocks are very hard to catch and have created problems in other areas of the City. He told Mr. Burton he sympathizes with him. If he will sign a complaint against Mr. Chambers, when the birds are on his property, the Police will then cite Mr. Chambers for allowing the birds to roam. Mr. Burton would also have to come to court to testify. Council Member Martha Harris asked if an animal in the County bothers a North Ogden resident, does the case go to North Ogden Justice Court and are there fines imposed? Chief Afuvai said, yes, there are fines. She asked Chief Afuvai if it was the role of Police Department to set up a meeting with Mr. Burton and Mr. Chambers. Chief Afuvai said, no, it is not. He reiterated that Mr. Burton’s only legal recourse is to sign a complaint against Mr. Chamber’s and his peacocks.