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NORTH OGDEN CITY COUNCIL MEETING MINUTES
September 22, 2009
The North Ogden City Council convened in regular session on September 22, 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 September 18, 2009. Notice of the annual meeting schedule was published in the Standard-Examiner on December 28, 2008.
Gary A. Harrop Ronald Flamm Martha Harris Richard Harris Carl Turner
Annette Spendlove Sue Richey Gary Kerr Craig Barker Debbie Cardenas
Edward O. Dickie Bruce Evans Jed Musgrave
Don Mathewson Brett Hamblin Nikkie Whitely Mike Masters Jim Shaw
Nick McIntosh Jim Shupe Dave Hulme Lyman Barker Rachel Trotter
Mayor Council Member Council Member Council Member Council Member
City Recorder Deputy City Recorder City Building Official Community Development Director City Finance Director
City Administrator City Attorney Council Member
Nancy Harrop Todd Whitely Dennis Shupe Jackie Masters Matt Hartvigsen Candice Mackley Scot Shupe
Brian Bott Brent Taylor Wade Bigler
Mayor Harrop welcomed those in attendance. Council Member Rich Harris gave the invocation and led the audience in the Pledge of Allegiance.
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CONSENT AGENDA
1. Action to approve the minutes of August 25, 2009 City Council meeting. 2. Action to approve business licenses: Home Occupation – Kholby Software and Services, LLC, Wood Associates, Weownamerica.us,, Pristine Clean Janitorial
Service
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
3. Public comments. Jim Shaw, 1591 N. 700 E., came before the Council to discuss concerns he had about flooding that had occurred in the area around his home. Storm water run-off from the LDS church and adjacent subdivision had flowed down a private lane close to his home and then into the ditch. The force of the water caused the asphalt to crumble on the lane. Mr. Shaw said he had sent letter to Ed Dickie, City Administrator, on August 14, 2009, asking for help. The City’s Public Works Department came out on August 17, 2009 and said the problem was caused because the developer of the new subdivision above his property hadn’t put in the required orifice to control the water. Mr. Shaw said Mr. Dickie had authorized patching the hole in the road on August 31, 2009 but he hadn’t notified Mr. Shaw to let him know if the orifice had been installed.
Mayor Harrop asked Gary Kerr, City Building Official, if that had been done, Mr. Kerr said it had been installed and the Public Works Inspector Bruce Higley had checked on it. Mayor Harrop asked Mr. Shaw how long he had lived in his home. Mr. Shaw replied twelve years and also commented that he hadn’t had problems with storm water even after the LDS Church had gone in. It wasn’t until the subdivision was developed that a problem with the storm water run-off developed.
Council Member Flamm asked if this is a private lane should the City even be patching it. Mr. Shaw said the City gave the developers of the subdivision permission to put their storm water down the ditch. Council Member Flamm said now the orifice is in, we won’t know if the problem is solved until another big storm. Mayor Harrop said he would have staff review this when Mr. Dickie returned.
4. Discussion and/or action on a recommendation by the City Engineer, regarding the ground water in the Deer Meadows Subdivision.
Matt Hartvigsen had been authorized by the Council to gather more information and cost estimates on the groundwater problem in the Deer Meadows Subdivision. The Council
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had also authorized the EarthTec engineer to conduct additional testing and to offer recommendations on possible solutions. Mr. Hartvigsen reviewed the EarthTec report (on file) with the Council. He directed the Council to page three where possible options are discussed. Mr. Harvigsen also included a cost analysis of each option. Option #1 proposes individual foundation drains. In the opinion of the geotechnical engineer this is the best way to capture the ground water causing the problems. The drain would sit below the footings of each home and then extend up the walls on the outside of the homes. It collects the ground water and pipes it away to either a gravity land drain or to a pump that would move the water away from the home and into a pipe leading to a detention basin. The estimated cost for this option is $205,000. This option is quite expensive because the homes are already landscaped with extensive cement work in the form of driveways, sidewalks and rock walls. Option #2 proposes installing an interior sump and pump. This would require the removal of a small section of the concrete floor in the basement to facilitate placing the same type of land drain pipe as would be used in the foundation drains. These pipes would be run to separate corners of the home and then the water would be pumped out to a discharge line. The estimated cost for this option is $110,000.
Council Member Turner asked where Mr. Hartvigsen had gone for his cost estimates. Mr. Hartvigsen said he had contacted contractors who had been putting in land drain systems and foundation drains. He had also talked to someone who recently installed one after his landscaping and concrete work were already completed. Mr. Hartvigsen said pricing would really be a case by case basis depending on the amount of landscaping, driveways and other improvements, which would have to be removed to install these systems.
Option #3 proposes a land drain system be placed along the south and east boundaries of the subdivision. The land drain system should be installed to a minimum depth of 15 feet below the existing grade. This was the recommendation made by Jones and Associates when the problem was first discussed. This type of system is effective in the case of controlled aquifers. However, EarthTec reported that the ground water in Deer Meadows Subdivision appeared to be moving through thin, rolling sand seams that are interbedded in the native clay soils. The report went on to say it is assumed that the home foundations cut off the horizontal or rolling flow of water and direct it vertically down and under the homes where it collects and moves upward into the basement. This may cause the water to circumvent the land drain system and collect beyond the influence area of the land drain. EarthTec said they felt that due to this situation a land drain system may not be as effective in controlling groundwater levels throughout the affected portion of the subdivision as other options might be. The cost estimate for Option #3 is $120,000.
Option #4 proposed individual land drain systems placed on each lot to control groundwater levels within the effected portion of the subdivision. Land drains would be placed up gradient from the homes. They would be placed along the north and east property lines and should be installed to a minimum depth of 3 feet below the lowest foundation footing elevation of the home. The land drain would then be piped to a
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gravity outlet line, storm sewer or detention basin. The cost estimate for this option would be about $191,500.
Council Member Flamm asked about the depth of the drains. Mr. Hartvigsen said when he is referring to shallow that is only the outfall line designed to carry the water collected by the drainage systems out to the detention basin. The systems themselves will all have to be installed below the basements of the affected homes. The collected water can be carried by deep gravity controlled lines or it can be pumped out through shallow lines to the basin. Mr. Hartvigsen said in the case of the gravity system it would depend on where it is placed. If the homeowners are willing to pump their water then it could be collected in a shallow drain at the back of each property and then discharged into the detention basin on Fruitland Drive. The cost to install this shallow drain would be approximately $35,000. A deep gravity line could also be constructed to each property to eliminate the need to pump at a cost of $108,000.
Mayor Harrop asked about the area affected, does the home at 2395 North have water problems? Mr. Hartvigsen said the home at 2395 N. Barker Parkway has a foundation drain system and so isn’t experiencing any problems. They didn’t participate in the survey. Council Member Rich Harris asked about the inspection of the sewer trenches, were they trapping any groundwater? Mr. Hartvigsen said there was no evidence that they were trapping and conducting water into the homes. Council Member Rich Harris asked if that had any significance in determining whether a land drain would be effective in controlling the water. Mr. Hartvigson said the geotechnical engineer didn’t have much confidence in the subdivision land drain system. Mr. Hartvigsen said there is a risk that the further from the home the drainage system is placed the less likely it will catch the water. However, he said he wasn’t sure the risk was as great as stated by the EarthTec engineer. Mr. Hartvigsen said he had tried to get the geotechnical engineer to come to the Council meeting with him but he had had another commitment. Mr. Harvigsen said he had some confidence in the subdivision land drain option, that it would capture some of the water that is coming from the north and from the east. Council Member Rich Harris asked about the size of the drain. Mr. Hartvigsen said the EarthTec engineer recommended a 15-feet deep drain in order to get below those basements. This is based on going behind the property on the east and south side as the Deer Meadow Drive turns down to the west.
Mayor Harrop asked about the increased cost for Option #3, the subdivision land drain. Mr. Hartvigsen said the original estimates had been lower but the current estimate is based on placing the pipe deeper in the ground. He described the process, which is much more complicated because of the depth and the additional drain rock and other material needed. This increases the cost. Mayor Harrop asked if there was time to complete this project before spring. Mr. Hartvigsen said if Option #3 is selected or any option that has the water being discharged into Lyman Barker’s field, this could be done in the winter months. Some work would have to begin later in the spring but the majority of it could be done during the winter.
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North Ogden City Council Member Rich Harris said EarthTec’s report also stated that part of the problem could be because of the way a property is landscaped and where roof drains discharge. Mr. Hartvigsen said that is correct. Council Member Rich Harris asked if there is any way to differentiate between these causes. He doesn’t want the City to pay for the part of the problem not connected to the City. Mr. Hartvigsen said the engineer reported that he had observed standing water from irrigation sprinklers on one of the properties. Over watering seemed to be a problem. However, he didn’t say that was the source of the water it just was a contributor. Irrigating the adjacent fields also can be a contributor. Council Member Flamm asked about placing the pipes in shallower trenches (8 to 10 feet) with the homeowners putting in drainage systems around their own homes and then pumping the water out to the detention basin. Could this be as effective in dealing with the water as the deeper trenches with gravity feed? Mr. Hartvisen said that is Option #5 that he listed in his report to the Council. This option would let the homeowners install their own foundation drains and then pump out into a shallow drain line that would take it down to the basin. The best route for this type of system would be behind their homes in the open field. Mr. Hartvigsen said one of the homeowners, using a sump pump, did have water problems when the power was out in the City for about 1.5 hours. Mr. Hartvigsen said the 15 foot recommendation wasn’t just to ensure gravity feed it was also needed to catch the maximum amount of the water flowing through the area. Mr. Hartvigsen said it is difficult to calculate costs for foundation drains versus individual land drains because each home has a different situation on regards to the landscaping and cement work surrounding them.
Council Member Martha Harris said she was taking the dollar figure from Option #3 and dividing that by the five homes. This allows $24,000 per home. Council Member Martha Harris asked if the City could decide to work either with the homeowners and with their agreement put in the deep Subdivision Land Drain System or give each a “not to exceed” dollar figure and have them do their own fix. However, if this is done then there must be an agreement signed by each homeowner that would hold the City harmless for any future problems or if the current problem isn’t solved. Council Member Martha Harris said she would like to see something that is an appropriate solution to the problem but doesn’t then hold the City responsible for multiple fixes. Mr. Hartvigsen said all of the solutions require a place to discharge the water so funds would have to be made available to construct a shallow outfall to move the water into the detention basin. The estimate for that is $35,000. Council Member Martha Harris said then the amount available for the homeowners would be less than the $24,000 mentioned.
Mayor Harrop said that in his judgment the homeowners have some responsibility and Lyman Barker also has some responsibility in this matter. Mr. Hartvigsen said there is really no way to know how much or if Mr. Barker’s irrigation contributes to the ground water problem. Mr. Barker hasn’t watered for a while and there is still surface water being seen back behind the church on Fruitland Drive. Council Member Martha Harris asked if the property owners have been informed about the proposed options. Mr. Hartvigsen said several of homeowners had asked about the report and had been given information on the options. Council Member Martha Harris said the price to try and mitigate this problem is going to be very costly and she didn’t want the City to jump into
anything without exploring all the options. She said she felt if work was going to be done on individual properties then the homeowner should contract for the work. Mr. Hartvigsen said he thought that was a good idea. In the case of the outfall line behind the homes the City could contract for this. Mayor Harrop said he would like to involve all the affected homeowners in a solution. Mr. Hartvigsen said the great difficulty is in the uncertainty of finding the most effective solution. He suggested the City have the homeowners indicate they agreed with the solution selected by the City. The outfall would serve everyone. Then whether there was a subdivision land drain system or some other option done because this is a global solution, everyone should be in agreement.
North Ogden City Council Member Martha Harris said she would like to direct Mr. Dickie to meet with the homeowners, discuss this with the City Attorney and the City Engineer and then present the options and the report prepared by EarthTec to the homeowners for their consideration. This would then be brought back to the Council with more information from all the parties involved. Council Member Rich Harris agreed that there are too many unanswered questions but sooner or later someone will need to make a decision. He said he felt the City Engineer would probably have to be that decision-maker on what is going to work and what won’t. There will be an element of risk no matter what is done. Council Member Rich Harris said this item won’t be tabled but the Council needs more information.
North Ogden City Council Member Turner said he would like to be involved in the meeting with the homeowners, the City Attorney, and the City Engineer. Council Member Turner said he would also like Lyman Barker to attend. This should and will be done as soon as possible. Council Member Flamm pointed out that dealing with this problem is going to cost the City much more than what maintaining the tax rate brought in. This is something to remember. Mayor Harrop said he would recommend holding the proposed meeting next week to come up with a solution. This is a challenge and more information from all the parties involved is needed. Mr. Hartvigsen expressed his understanding of the homeowners’ desire to have a solution as soon as possible. He said he hoped they also appreciate that the City is trying to develop and implement the best possible strategy to fix this water problem. Once the City’s participation is determined then Mr. Hartvigsen said his office could be very helpful in applying that participation in a way that is the most cost effective and has the best chance of succeeding.
5. Discussion and/or action on an application requesting a variance from the City Subdivision ordinance on the required sidewalk, curb and gutter on 750 East from Jim, Dennis, and Scott Shupe.
Craig Barker, Community Development Director, reviewed the application for variance received from Jim, Dennis and Scott Shupe. They are proposing a five-lot subdivision on 750 E. 3000 North. The Shupes are asking to eliminate the sidewalk on the east side of 750 East from 3000 North approximately 407 feet to the south. They are also asking for the same variance of the improvements on 3000 North Street. Mr. Barker reviewed the letter sent to the Shupes detailing the results of the Technical Review Committee meeting held on July 15, 2009. Mr. Barker stated to the Council that at the time of this meeting
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North Ogden City
under the City’s Subdivision Ordinance certain improvements must go into a subdivision. Section 12-6-3A3F stipulates in the required improvements the street width from back of curb to back of curb is 41-feet. This includes 2.5 feet for curb and gutter and 36 feet of asphalt. The standards also require a four-foot parkway and a 4.5-foot sidewalk. This is the standard right-of-way for streets and roads in residential areas in North Ogden City. Mr. Barker said this subdivision has that standard street on its west side (750 East). The street on the north side is a 50-foot wide right-of-way. This is a legal non-conforming right-of-way that is an older rural road with no curb and gutter. All the homes lining these streets were developed and built on single lots. There was a one-lot subdivision recently developed on the north side. Mr. Barker then described the configuration of the subdivision. The Shupes are asking for relief from the requirement of putting in sidewalk on the east side of 750 East and also relief from putting curb, gutter and sidewalk on 3000 North where those streets border their subdivision. The Shupes are stipulating that there are no improvements along this street (750 East) so why should they have to put them in for their development. Mr. Barker said this is part of the subdivision development standards required by the City. If they conform to the standard there would be 407 feet of sidewalk that would go in there. This may initiate further sidewalk development as other owners put in this improvement.
Mr. Barker explained that if the variance is given, this puts the future development of sidewalks onto the individual lot owners at a future date at a higher cost. The situation with 3000 North, which is an older road is less clear. Mr. Barker said it could be the City just came in and put asphalt on an existing dirt road. This road is 50-feet wide and the required right-of way would take 5-feet off the lots on each side of the road. This would perhaps put the road closer to these homes than is normally found in a standard subdivision of today’s construction and design. Mr. Barker said a 41-foot standard street could go in a 50-foot right-of-way. What this leaves is only 9-feet which would put the sidewalk up against the curb and gutter. Mr. Barker told the Council they could consider a lesser standard since this will probably remain a dead end street. There are some engineering alternatives that would allow for sidewalks.
North Ogden City the issue with sidewalks, curb and gutters is storm water maintenance, storm water control and public safety. As the land use changes, if the improvements aren’t provided residents and their children are forced into the street if they want to walk in their neighborhood. Storm water must be managed as more hard surfaces are built that create more run-off. If there aren’t curb, gutter and sidewalks put in on 3000 North where does the storm water go? Mr. Barker said improvements can be put in for these two streets and he asked Council to think about what these improvements do for the City and for that specific area as it becomes more urban. It is usually the developer, not the purchaser of the lot, who is required to shoulder the costs of putting in curb, gutter and sidewalk. Mr. Barker said normally if the developer doesn’t put in these improvements then the City would put a covenant on each lot that states when the City calls for it you, the owner, agree to participate and pay your share for the installation sidewalks, curb and gutter along these streets.
North Ogden City Council Member Martha Harris asked Matt Hartvigsen, Jones and Associates, about the storm water issue. Mr. Hartvigsen said he had looked at site. The storm water that comes down 750 East is collected in a double catch basin on both sides of the road (2850 North) and then it goes to the west and eventually ends up in a storm drain line on 2600 North that comes into the regional basin across Washington Boulevard. He said there is curb and gutter on both sides of 750 East. With the construction of driveways and curb and gutter it will increase the volume of storm water going down that street. Council Member Rich Harris said there is a little stretch that goes from 750 East, east, then dead ends and then it’s about three lots wide before you come onto 900 East. Council Member Rich Harris said there is a manhole right at the end of that existing road that says storm water. He asked where this water comes from and where it would be going. Is there already a storm drain under 3000 North. Mr. Hartvigsen said the maps of the area didn’t show a storm drain in that area. He said this might be a sewer manhole. Sometimes the manhole covers get swapped out. Council Member Rich Harris said he didn’t feel storm water would be an issue in this area especially given the fact that it is doubtful further development will take place except for the Shupe development.
North Ogden City Council Member Turner asked Mr. Barker for clarification of the request for a variance. Mr. Barker said their application addresses both streets. Council Member Turner asked about the house that is on the north side of 3000 North on the east side of 750 East. It looks like there is a sidewalk there. Mr. Barker said there is sidewalk there. Council Member Turner asked if this is part of the area under discussion. Mr. Barker replied it isn’t. It is only the homes to the south of 3000 North. He pointed out the areas that would be covered by the variance. Council Member Turner said he thought there should be curb, gutter and sidewalk along 3000 North. He is not sure about 750 East.
North Ogden City Council Member Martha Harris said as she thinks about the thousands of dollars the City has put in its budget to put in sidewalks especially for the school age children and pedestrians she has a bit of a dilemma. If the City has done this for properties that have been omitted in the past, why would the Council not insist on having the developer put in sidewalks for this development. The City doesn’t want to continue paying for this. She said she didn’t see any compelling reason not to have sidewalks along both of these streets when that is something the City has really pushed in the community.
North Ogden City Council Member Rich Harris he felt there are two separate issues. He said on 750 East there is a one-lot subdivision that is a fairly recent development. There isn’t a sidewalk there. He would like to know what kind of agreement was made with that property owner. The City has made stipulations and agreements on small subdivisions that when sidewalks are required they agree to put it in at that time. This could be the case for this development on 750 East. Mr. Barker said the City has done that in consultation with the City Engineer. Council Member Rich Harris said on the other side of 750 East there are some sections with sidewalks and some sections without. He doesn’t understand how this happened. Council Member Rich Harris said he would support having an agreement that sidewalks would be required if and when the other sections of the road have sidewalks. This would fit in with what is actually happening there. Council Member Rich Harris said in the case of 3000 North that is a very old street that dead ends with very little traffic. He said he didn’t feel there needed to be curb, gutter or sidewalk along this road.
North Ogden City Council Member Flamm said it appears to him that the center section of that area has the potential to have a lot of homes go in, particularly between 750 East and 850 East. There is room for another road to go all the way up to 3000 North. If this area is subdivided with the road going through to 3000 North then 3000 North may not be a dead end street. As that is developed, kids needing to get over to the junior high will either go down to 2850 North or up to 3100 North. Long term, will the City want sidewalks with curb and gutter there. Council Member Rich Harris said if and when that happens then provide for sidewalks but put them in when they are needed. Council Member Martha Harris said then there is the question who will put them in. Is there an agreement that the City can make with the developer that he will provide the funds for the sidewalk when they are required or does the burden fall on the buyer? Council Member Rich Harris said it doesn’t matter in his mind, it is attached to the land and when the sidewalks are required there will be a legal document that says, probably, the property owner would do it. Council Member Turner said he liked the plan proposed by Council Member Rich Harris but he still thinks there should be curb and gutter installed along 3000 North.
Mayor Harrop asked Mr. Barker if the Planning Commission had reviewed this. Mr. Barker said the Commission didn’t feel they could take any action on the subdivision until the Council made a decision on the request for variance. Council Member Rich Harris asked what the legal document would be for this situation. Mr. Barker said a covenant and agreement would be recorded with the plat. This would be binding on all future owners to install the sidewalk and curb and gutter when the City requests these improvements. The owners are usually given a 60 or 90 day window to comply with these requirements. Mr. Barker said these are legal and binding documents recorded with the subdivision.
North Ogden City Council Member Rich Harris moved to approve the variance, requested by Jim, Dennis and Scott Shupe, from the City’s Subdivision Ordinance on the required sidewalk on 750 East and sidewalk, curb and gutter on 3000 North with the provision that a covenant and agreement be attached to each property that would require the property owner to put in the improvements (curb, gutters and sidewalks) when the rest of the area is developed. Council Member Turner seconded the motion.
Voting on the motion:
Council Member Martha Harris - yes Council Member Rich Harris - yes Council Member Ron Flamm –yes Council Member Carl Turner –yes
Motion passed.
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6. Presentation and/or action on a Proclamation declaring September 8, 2009 as International Fetal Alcohol Syndrome Awareness Day.
Kaleigh Saunders, Miss North Ogden (2009-10), passed out information to Council on her campaign to raise awareness on the dangers of consuming alcohol while pregnant. She had come to the Council requesting the Mayor sign a proclamation, proclaiming September 9, 2009 as Fetal Alcohol Spectrum Disorders Awareness Day. Ms. Saunders said she had been able to distribute over 250 packets detailing the dangers and dimensions of this problem at the Annual Utah League of Cities and Towns Convention held a few weeks ago. She said there are forty thousand children born each year affected by the syndrome. Over $5 billion is spent dealing with the wide-ranging affects these disorders cause. Ms. Saunders explained the importance of spreading this information because it is totally preventable. She thanked the Council and Mayor for their support and help as she presented this information to attendees of the Utah League of Cities and Towns Convention. Ms. Saunders said this campaign will receive additional exposure when she participates in the Miss Utah Pageant. Mayor Harrop signed three copies of the Proclamation.
7. Discussion and/or action on the Final Acceptance for the Ranchview Townhomes PRUD Phases 2 and 3.
Gary Kerr, City Building Official, informed the Council that Cold Water LLC had completed all the subdivision improvements for the Ranchview Town homes PRUD Phases 2 and 3. Bruce Higley, the City’s Public Works Inspector, had inspected the development and after some additional work on a few items had certified that the PRUD had been completed and was in good condition. Mr. Kerr said he was recommending Council approval of this item.
Council Member Rich Harris moved to approve the Final Acceptance for the Ranchview Townhomes PRUD Phases 2 and 3. Council Member Martha Harris seconded the motion.
Voting on the motion:
Council Member Martha Harris -yes Council Member Rich Harris - yes Council Member Ron Flamm –yes Council Member Carl Turner –yes
Motion passed.
8. Discussion and/or action on the Conditional Acceptance of Stoneridge Subdivision.
Gary Kerr explained to the Council this was an action to approve the conditional acceptance for Stoneridge Subdivision Phases 1and 2 He reviewed the staff memo which
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stated that Randy Marriott had completed all the subdivision improvements for the Stoneridge Subdivision Phases 1 and 2. Bruce Higley, City Public Works Inspector, had inspected the subdivision and found all the improvement items were completed and in good condition with the exception of the sidewalk. The developer was given a one year extension on the completion of this improvement. Mr. Kerr said this will be a conditional acceptance on all items except the sidewalk. One year from now when the developer comes in for the final acceptance, he will get a conditional on the sidewalk. The City will keep 10% of the sidewalk money in escrow. Then a year later the developer will come in for a final on the sidewalks.
Council Member Martha Harris moved to approve the Conditional Acceptance of Stoneridge Subdivision Phase 1 and 2. Council Member Rich Harris seconded the motion.
Voting on the motion:
Council Member Martha Harris -yes Council Member Rich Harris - yes Council Member Ron Flamm –yes Council Member Carl Turner –yes
Motion passed.
9. Discussion and/or action on the Conditional Acceptance of Mason Cove Subdivision.
Gary Kerr reviewed this item with the Council stating this would be similar to the last item they considered except he sidewalks were installed on this subdivision. However, there was one concern. The asphalt on the roads had been cut by the Rocky Mountain Power utility as they put in their services to each lot. No excavation permit was issued because at the time of the work the City didn’t own roads. The issuance of an excavation permit provides the City with a little funding and a two year warranty on the work. The work was completed about four or five months ago. If the Council approves this conditional acceptance the warranty will only last for the 15 months attached to the acceptance. Mr. Kerr said he talked with Mr. Hartvigsen and he said the City does have one benefit. The developer has given funds to the City for the slurry seal. This can be applied and should help seal the road so the moisture won’t deteriorate the area around the repairs made to the road cuts. Matt Hartvigsen, Associate of Kent Jones, City Engineer, suggested that when the developer comes into the City for his final acceptance, staff hold some money in escrow to cover this problem for the 7 or 8 months that would normally be on the two year warranty.
Council Member Rich Harris asked about the retention basin in this development? Gary Kerr said Mel Blanchard had worked with developer to ensure the slopes have been satisfactorily completed. Council Member Rich Harris asked about the space that had been left between the wall and sidewalk? Mr. Kerr said the developer had put fabric down and then laid 2” rock to cover this space. Council Member Rich Harris asked about the light post on 3100 North and Mountain. Road. He said it hadn’t been installed very well. Gary Kerr said he was unaware of a problem with the light. He would check it at his earliest opportunity. Council Member Martha Harris asked how these items could be tied to the Council’s action so they would be completed before the subdivision received its final acceptance. Council Martha Harris said she wanted a document detailing the needed work. Mr. Kerr said he would contact the City Attorney and have a document drawn up that would detail the needed improvements. He would then get the developer’s signature and he would also sign it.
Council Member Martha Harris moved to approve the Conditional Acceptance of Mason Cove Subdivision contingent on the completion of the improvements listed by Council Member Rich Harris with a sign-off document completed. Council Member Carl Turner seconded the motion.
Voting on the motion:
Council Member Martha Harris - yes Council Member Rich Harris - yes Council Member Ron Flamm –yes Council Member Carl Turner –yes
Motion passed.
11. Canvas of Primary Election held on September 15, 2009.
Annette Spendlove, City Recorder, reviewed with the Council the results of the Primary election. She explained the information contained on the sheet (on file). Mrs. Spendlove reported there are 11,994 registered voters in the City. The spreadsheet showed that of those registered voters 15.1 % participated in the primary election. In the Mayor race Candidate Rich Harris received 624 votes. Candidate Gary Harrop received 550 votes and Candidate Reed Mackley received 659 votes. Rich Harris and Reed Mackley were nominated to go on to the General Election in November.
In the Council race Candidate Wade Bigler received 1,100 votes, Candidate Brian Bott received 640 votes, Candidate Dave Hulme received 324 votes, Candidate Nick McIntosh received 452 votes and Brent Taylor received 954 votes. Wade Bigler, Brian Bott, Nick McIntosh and Brent Taylor will be going on to the General Election. There were 174 absentee ballots sent out and 100 returned. Ninety-eight were counted. There were 51 provisional ballots cast and 42 were counted. Mrs. Spendlove said, “I, the duly appointed and acting City Recorder in and for North Ogden City, do by certify that the information contained in the attached September 15, 2009 Primary Election is accurate to the best of my knowledge.” She asked the Council as the Board of Canvassers to approve the results of the Primary Election and to sign Certification of the Election.
Council Member Flamm moved to accept the Canvas of the Primary Election held on September 15, 2009. Council Member Martha Harris seconded the motion.
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Voting on the motion:
Council Member Martha Harris -yes Council Member Rich Harris - yes Council Member Ron Flamm –yes Council Member Carl Turner –yes
Motion passed.
12. Discussion and/or action on an amendment to the Title of City Administrator.
Mayor explained that because some Council Members had questions of a personal nature on this item it should be discussed in a closed meeting. Council Member Flamm said he felt there needed to be some background work done before this was discussed. Mrs. Spendlove said she also had some information on current litigation that needed to be discussed in a closed meeting. It was decided to go on to item #13 before convening in a closed meeting.
13. Public/Council comments.
Council Member Turner said he would like to thank Craig Barker and Council Member Rich Harris for their help in providing information on the variance request. He also thanked the candidates for participating in the primary election. Council Member Turner thanked Kaleigh Saunders for her commitment to her platform and campaign. It is a very worthy cause. Council Member Turner also told Mayor Harrop how much he appreciated him.
Council Member Rich Harris complimented Kaleigh Saunders on her presentation given at the Utah League of Cities and Towns. The audience numbered about 800 and she did a great job representing North Ogden City. The audience included the Keynote Speaker Dr. Ben Carson, a foremost authority on Fetal Brain Trauma.
Council Member Martha Harris asked about the medium on 2600 North. Debbie Cardenas, City Finance Director, said staff would be meeting with Ed Dickie, City Administrator, tomorrow and will get all the updates on this project. Ms. Cardenas presented banners that would show the City’s support for local businesses in North Ogden. These banners will be hanging through out the City. She said it has been suggested asking City employees to contribute to the purchase of these banners. The Council would also be asked for a commitment to financially support this project. Ms. Cardenas showed an example of banners. The banners would be hung from the utility poles throughout North Ogden. On the other side of the banner will be a welcome message with the “Making Life Better” logo. At the bottom would be the name of the sponsor. Mr. Dickie has said he thought asking for donations would be better than using City funds to do this. Mrs. Cardenas said the banners will be 6’ long and cost
City Council Meeting 22 September 09 Page 13
approximately $100 each. She said there are a couple of issues that still need to be addressed and then this will be brought back to the Council.
Council Member Flamm said he did have one concern. After going to the Spenditinnorthogden.com there are only a handful of businesses listed. He said if this is going to a specific website it needs to be more representative of all North Ogden businesses instead of just a few. Council Member Flamm said he would like to see all the businesses contacted so they can tie into or link to that web site. Mrs. Cardenas explained that North Ogden City is not maintaining that web site. It was created and is maintained by the North Ogden City Business Alliance. Council Member Flamm said even though that is the case if they want the City to support it then they must figure out a way to expand its coverage to all the businesses in North Ogden. Mrs. Cardenas said staff has committed to working with the North Ogden Business Alliance to ensure the site only addresses business issues.
Mrs. Spendlove reported that the Museum Committee is asking to use City’s copyright on City’s History book. Bruce Evans, City Attorney, said that would be a possibility but he has to do some research to be sure. He also asked to have the Council approved this action. The City wouldn’t be giving up the copyright it would just be on loan. She also reported October 27, 2009 is a Council meeting and there will also be early voting. This will be on the next agenda because this meeting will need to be cancelled. Mrs. Spendlove stated October 14, 2009 will be the date for the Community Services Department’s Open House for the new building. It will run from 4pm to 6pm. Council Members and their spouses are invited. Some Council Members will be asked to help on the program. The Salvation Army has asked Mr. Dickie if the City would be a kettle sponsor. There are several ways to do this, one would be to place a kettle in front of the Administration building, City employees could volunteer their time to work a kettle at another location or the City can donate money. Mrs. Spendlove asked the Council to give Mr. Dickie their thoughts on what they would like to do. September 24, 2009 is the ribbon cutting ceremony for the new Deseret Industry facility in Harrisville. It will be held at 9 am and Council Members and their spouses are invited.
Council Member Rich Harris asked when early voting would start. Mrs. Spendlove said it would begin October 20 and end October 30.
Mayor Harrop thanked all the candidates for participating in the election. He also stated he applauded the Council Members for their courage and commitment to the City in making many difficult decisions. He also thanked all those who attended the meeting tonight. Mayor Harrop complimented Kaleigh Saunders on her presentation at the League of Cities and Towns. She was a great representative for North Ogden. The Mayor said he was very pleased with her choice for her platform this year; it is a very important issue facing our community and state. He said he has appreciated the opportunity to serve the City for the past 8 years. This time has given him a great chance to meet many wonderful people. The Mayor also thanked his wife who was in the audience.
City Council Meeting 22 September 09 Page 14
Council Member Martha Harris moved to recess the regular meeting and convene into a closed meeting. Council Member Flamm seconded the motion.
Voting on the motion:
All Council Members voted aye.
Motion passed.
The Closed Meeting began at 7:41 pm
Council Member Flamm moved to adjourn the Closed meeting and reconvene in the regular meeting. Council Member Martha Harris seconded the motion.
Voting on the motion:
All Council Members voted aye.
Motion passed.
14. Adjournment.
Council Member Turner moved to adjourn the regular meeting. Council Member Flamm seconded the motion.
Voting on the motion: All the Council Members voted aye. The motion passed. The meeting adjourned at 8:20 pm.
Craig Barker - Community Development Director - 782-7211 ext. 215
Julia LaSeure - Department Secretary - 782-7211 ext. 216
Commissions & Ordinances
Planning Commission
Subdivision Ordinances
Zoning Ordinances
Current Projects
Title: Lewis Peak PRUD
Location: Approx. 1550 N 775 E
Description:
This project consists of 40 buildable lots on 5.98 acres. Open space consists of an additional 2.34 acres. Property is zoned R-1-8. Average lot size 5982 sq. ft. The largest lot is 8613 sq. ft. and the smallest is 4398 sq. ft.
Title: Valley View Estates
Location: Approx. 3650 N 500 E
Description:
An 8 lot subdivision located on 3.067 acres. Lot sizes range from 11,245 to 14,617 sq. ft.
Title: North View Estates Subdivision
Location: 100-700 E 3750 N to Mountain Rd.
Description:
350 single family lots on 182.19 acres. Zoned HP-1 and R-1-10 with a minimum lot size of 10,000 sq. ft. Average lot size is 14,515 sq. ft.
Title: North Oaks Cove Phase 14
Location: 800 E 3600 N
Description:
19 lots in this phase. Minimum allowable lot size is 10,000 sq. ft. Average lot size is 16,845 sq. ft.
Title: The Cove at North Ogden
Location: Approximately 3800 N 900 E
File: cove1.pdf
Description:
The Cove is a 173 lot PRUD on 128.03 acres. It includes 16.68 acres of open space as well as trails and park areas. The project is zoned HP-2 and requires minimum 12,500 sq. ft. lots although most are much larger.
Title: Mason Cove PRUD
Location: Approx. 3100 N 1300 E
Description:
Lot sizes range from 12,530 sq ft to 149,065 sq ft. Hillside Protection zone. Minimum lot size of 12,500 sq ft. 31 lots Total Acreage 29.25
Title: Cold Water Cove
Location: 1300 E 2600 N
File: cold_water_cove.pdf
Description:
Residential single-family minimum lot size of 10,000 sq. ft Total Acreage 5.59 Lot sizes range from 10,000 sq ft to 21, 315 sq ft. With an average lot size of 12,391 sq ft.
Title: White Rock Subdivision
Location: Approx. 1400 E 3700 N
Description:
Hillside Protection zone. Minimum lot size of 12,500 sq ft. Lot sizes range from 12,500 sq ft to 45,882 sq ft. total acreage 36.58
City Council Minutest 23 September 08
NORTH OGDEN CITY COUNCIL MEETING MINUTES
September 23, 2008
The North Ogden City Council convened in regular session on September 23, 2008 at
5:30 p.m. at the City Offices. Notice of time, place and agenda of the meeting were
delivered to each member of the City Council, posted on the bulletin board at the
municipal office and mailed to the Standard-Examiner September 12, 2008. Notice of the
annual meeting schedule was published in the Standard-Examiner on February 17, 2008.
PRESENT: Gary A. Harrop Mayor
Ronald Flamm Council Member
Martha Harris Council Member
Richard Harris Council Member
Jed Musgrave Council Member
Carl Turner Council Member
STAFF PRESENT: Edward O. Dickie City Administrator
Annette Spendlove City Recorder
Sue Richey Deputy City Recorder
Craig Barker Community Development Director
Gary Kerr City Building Official
Matt Hartvigsen Jones & Associates
Bill Goss Water Superintendent
VISITORS: Monien Clippinger Dave Hulme
Reid Mackley
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 Minutes for the September 2, 2008 Council Meeting.
2. Action to approve Business Licenses: Commercial – Hunan Village, Beauty for
the Beast and Indulgence: A Full Service Salon, LLC.
3. Action to set October 14, 2008 as the date for a Public Hearing to receive
comments on potential projects for Community Development Block Grants.
4. Action to set a Public Hearing on October 14, 2008 to receive comments on the
proposal to rezone property located at 2175 N. to 2225 N. between 450 E. and 250
E. from residential R-4 to C-2 for highly profitable properties.
5. Action to add a provision to the City Administrator’s Job Description to allow a
car allowance with an amount to be determined by the City Council.
Council Member Martha Harris moved to pull item #5 from the Consent Agenda
and approve items 1-4 as presented with the change of date on the minutes from
City Council Minutest 23 September 08
September 23, 2008 to September 2, 2008. Council Member Flamm seconded the
motion.
Voting on the motion:
Council Member Martha Harris – yes
Council Member Rich Harris – yes
Council Member Jed Musgrave – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
Motion passed.
Discussion on Item #5 on the Consent Agenda: Action to Add a provision to the City
Administrator’s Job Description to allow a car allowance with an amount to be
determined by the City Council.
Council Member Flamm expressed some concern about having this benefit. He reviewed
a plan where the City Administrator would keep track of his after- hours travel and then
submit a request for reimbursement. Council Member Rich Harris said he felt since the
City Administrator serves at the pleasure of the Council and Mayor and it was already
decided that he would only use the City vehicle during business hours, he was okay with
the Council approving a car allowance of $381 a month for the City Administrator.
Council Member Musgrave indicated he was also comfortable with this addition to the
job description of the City Administrator. Council Member Martha Harris said she felt a
car allowance of $381 was appropriate. Mr. Dickie told the Council this allowance
would begin after the other Administration car is sold.
Council Member Martha Harris moved to approve a car allowance of $381 a month
for the City Administrator. Council Member Musgrave seconded the motion.
Voting on the motion:
Council Member Martha Harris – yes
Council Member Rich Harris – yes
Council Member Jed Musgrave – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
Motion passed.
AGENDA
6. Public comments.
There were no public comments.
City Council Minutest 23 September 08
7. Report on the Results of the Well Drilling on 450 East.
Matt Hartvigsen, Jones and Associates, gave a report to the Council on the results of the
well drilling down to the 1200 foot level. He told the Council the further investigation of
the well didn’t provide any obvious sources of water. The question remains on how
much water can be pumped out of this well. He told Council he wasn’t recommending
continued drilling. There have been meetings held with City staff discussing possible
options. Rather than abandon the site and drill elsewhere the consensus was to find out
how much water is available in the well. The City would have to hire a specialist to
surge, test and perforate the well casing to find out the quality and quantity of water
available at this site.
Council Member Turner asked why the drilling shouldn’t go deeper. Mr. Hartvigsen
explained that was an option but based on the information available the material at the
current level is bedrock and doesn’t look promising. Council Member Rich Harris asked
about the well up in Lakeview Heights. The soil analysis indicates this bedrock is the
same type of material they went through when they drilled the well up there. Mr.
Hartvigsen said the water produced in that well amounts to about 300 gallons a minute
but its quality deteriorates as the well continues to operate. If it is operated at a lower
rate the turbidity or cloudiness decreases. Council Member Rich Harris asked if the
anticipated rate from the well on 450 East would provide sufficient water for the City’s
future needs as it reaches build out. Mr. Hartvigsen said he wasn’t sure on that amount.
He said if there was a 600 gallon per minute output it would certainly help the City reach
the goal of being self-sufficient in water production. Council Member Rich Harris asked
about other alternatives, such as pumping the Lakeview Heights well and this well
together with additional storage for water? Mr. Hartvigsen said those are all options that
can be considered. If this well produced about 300 gallons per minute, then it would
have to be pumped in conjunction with the Lakeview Well.
Council Member Flamm asked if the well casing is perforated for testing would this
prevent drilling the well deeper at a later date. Mr. Hartvigsen said no, it doesn’t.
However, the last 400 feet of drilling was done without a casing. The Widdison’s who
would be doing the perforation and testing suggested putting a cement cover over that
area, which could be removed if more drilling is done. Mr. Hartvigsen said the Council
would have to decide whether they wanted to put a casing down the last 400 feet. These
deeper levels don’t seem to produce much water so the well driller said it wouldn’t be
necessary at this point. The hydrologist, on the other hand, said if the City wanted to get
water out of this well it needed to be very aggressive in trying to tap any potential water
sources. Mr. Hartvigsen said the cost for the drilling, while adding the needed casing,
would be somewhere around $40,000. This would be done by Zimmerman Drilling who
has the specialized equipment for this type of job. Widdison Turbine estimated that to
perforate the casing, install a test pump and do a test would cost $83,000. This should
give City staff an idea of the quantity and quality of the water from 450 East well site.
Council Member Flamm asked how much it would cost to continue drilling down another
200 to 400 feet. Mr. Hartvigsen said he estimates the cost to be about $100 a foot, so
City Council Minutest 23 September 08
another 400 feet would be about $40,000. Council Member Flamm said he would like to
have some more cost estimates on the options being discussed for the well.
Council Member Turner asked for a review of why this location was selected for the well.
Mr. Hartvigsen said there was a preliminary well study done on several sites in the City.
The best location for the well was found in the valley where the City is competing with
Weber Basin Water Conservancy District for water rights. They feel like a well drilled in
that area will impact their wells. The 450 East well is the next closest location. The
study indicated this well was marginal for water production. Mr. Hartvigsen said this
area was chosen because there is a storm drain adjacent to the site to take care of the
initial discharge as the well comes on line. There is also a power source close by and the
City owns the property. Council Member Flamm asked about additional costs after the
test pumping is done. If the decision were made to drill another 400 feet, would it cost an
additional $83,000 to perforate the casing and test pump again? Mr. Hartvigsen said it
probably wouldn’t cost $83,000 to do that again but the cost would be a portion of that
amount. He said a rough estimate would be between $30,000 and $40,000.
Council Member Rich Harris said he would almost in be favor of drilling down another
200 to 400 feet. Mr. Hartvigsen said he could get a cost estimate on how much it would
be to continue drilling and casing as they go. Council Member Rich Harris asked how
much had been spent so far on the well. Mr. Hartvigsen said he thought it was about
$350,000 so far. If the City stopped drilling and began to develop the well it would cost
an additional $600,000 to have a fully operational well.
Mr. Hartvigsen said the City doesn’t need this water immediately so there is time to plan
and budget for this. During an earlier Council meeting Kent Jones presented a cost
estimate of $300,000 a year for the City to buy water from Weber Basin. Because of
these numbers the City felt it was prudent to begin drilling the well. If the Council’s
decides to continue the drilling, then Mr. Hartvigsen said he would recommend asking
the two well drillers, Widdison and Zimmerman, what they would options they would
recommend. Council Member Rich Harris asked what Mr. Hartvigsen’s recommendation
would be. Mr. Hartvigsen said it is difficult to know but the experts have said once the
drilling gets into this type of bed rock it tends to continue for many, many feet if not
miles. The well driller didn’t think there would be a major change if they went further
down.
Council Member Flamm said he would like to know the depth of other wells along the
Wasatch Front before the Council makes a final decision. Council Member Rich Harris
asked if there was an immediate need to make a decision on further drilling. Mr.
Hartvigsen said there wasn’t a rush. He did tell the Council if they wanted to continue
the drilling or case the last 400 feet already drilled then he wouldn’t recommend test
pumping the well right now. However if after drilling the additional feet, it is found that
there really isn’t any water or the quality is bad then the City will regret spending the
extra money. He said it is really somewhat of a gamble with either decision. Mayor
Harrop asked for an outline of what the City Engineering staff thinks is a reasonable
approach. He said he would hate to spend a million dollars on a well that might not come
City Council Minutest 23 September 08
in. Mr. Hartvigsen said there isn’t a guarantee but Mr. Widdison, who has a lot of
experience drilling wells, said he thought he could get the City a well at this site.
However Mr. Hartvigsen said there is always the possibility of failure. He told the
Council if the drilling continues the casing will be 8 inch rather than a 10 inch in
diameter. The smaller the hole the smaller the amount of water the well produces. One
of the biggest costs for drilling is mobilization. Every time another rig is brought in the
costs go up. Council Member Turner asked how much higher is the elevation on the 450
East well compared to the Weber Basin well on 1700 North. Mr. Hartvigsen said the
City’s well is very close to the depth of Weber Basin’s well. He said the Weber Basin
well is at 3250 feet above sea level and the 450 East well is at 3350 feet. So the City’s
well is about 100 feet above Weber Basin’s.
Council Member Martha Harris said she would like to have a recommendation on what
options are available to the City with the estimated costs. Mr. Hartvigsen said when
talking with the well driller and Kent Jones and looking at the well logs they didn’t feel
like drilling another 400 feet would be productive. Council Member Rich Harris said he
would agree with Council Member Martha Harris that they need more information. He
also said he was still interested in going deeper. Taking into account how much it would
cost to purchase water, the City could drill a lot of wells and still be ahead on long terms
costs. Council Member Rich Harris said he would entertain the idea of committing a
few more resources to see what the 450 North well will produce. Even if we have to go
somewhere else the City is still ahead on costs when compared with having to spend
$350,000 a year to purchase water.
Mr. Hartvigsen told the Council he would provide the requested information on the costs
for further drilling and other work on the well. He would also provide the Council with
data showing the City’s current growth rate and when additional water would be needed.
The Council also requested information on the possibility of storing water to facilitate
water usage. Ed Dickie, City Administrator, said he would also like more information on
the possibility of State approval for drilling in the valley. Mr. Hartvigsen said Weber
Basin would lodge a complaint with the State on any application filed by North Ogden to
drill in the valley. The City would have to negotiate some kind of an agreement with
them before going to the State with a drilling application. He also told the Council that
North Ogden City is very efficient in its use of water. The system is well maintained and
leakage is kept to a minimum. The City’s use is very low per capita.
8. Discussion and/or action on Resolution #11-2008 for Utah State Public Safety
Employee Retirement.
Annette Spendlove, City Recorder/HR Director, in reviewing this item for the Council,
explained that the City would like to pay 100% of the required employee contribution for
those City employees who are participating in the Public Employees Retirement System.
She told the Council this is a housekeeping item required by the Internal Revenue
Service. There is only one City employee who is in the contributory plan, which requires
the City to pass this resolution.
City Council Minutest 23 September 08
Council Member Martha Harris moved to approve Resolution #11-2008, a
resolution authorizing an employer pick-up of employee retirement contributions.
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 – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
9. Public Hearing to receive comments on the proposed Annexation of property
located west of 400 East between 2600 North and 2550 North.
Mrs. Spendlove told the Council the Marvin Barker Investment Company, LLC
submitted an application petitioning for annexation on June 17, 2008 for property located
West of 400 East between 2600 North and 2550 North. David Howell’s property located
to the west of the proposed annexation was included in the petition to prevent the creation
of an island. Tonight a Public Hearing is being held in conformance with the Land Use
Development Management Act.
Mayor Harrop opened the Public Hearing at 6:36 pm. There were no public comments.
Council Member Martha Harris moved to close the Public Hearing. Council
Member Turner seconded the motion.
Voting on the motion:
Council Member Martha Harris – yes
Council Member Rich Harris – yes
Council Member Jed Musgrave – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
Motion passed.
The Public Hearing closed at 6:36 pm.
10. Discussion and/or action on Resolution #12-2008. A Resolution amending Part 1,
Policy 1.1 of the current Personnel Policies.
Mr. Dickie said he is asking Council for their permission to advertise job openings in-
house for three business days before advertising the openings in the newspaper. This
option would not be used for Department Head positions and most supervisory positions.
Interested employees would have to meet the minimum requirements for employment
City Council Minutest 23 September 08
and would be interviewed before any decisions would be made. They would not be
assured of an automatic hire. The process would be competitive and only used at the
discretion of the City Administrator. It would help to boost morale for the City
employees by providing an opportunity for advancement.
Council Member Flamm asked for more clarification on the proposed process. Mr.
Dickie explained that this process would only be used depending on the position and
whether there is a City employee who is interested in applying. If there is they would go
through the same type of interview process that is used when a position is advertised in
the paper. The decision to post a listing in-house would be made by the City
Administrator. If there are no qualified City candidates then after three days the position
will be advertised in the newspaper and other candidates would be interviewed. Council
Member Flamm asked who would be involved in the hiring process. Mr. Dickie said it
would be himself, the department head, the Human Resource Director and if there is
another supervisor they could be included. Council Member Flamm said he would like to
have the Mayor or a Council Member involved in the selection decision.
Council Member Rich Harris said if this is approved he would like to see this used very
sparingly. He felt the City needs new ideas and new points of view brought into its
programs and organization. Council Member Musgrave said at this point he would
probably vote against it also. He felt that if the employee is the best candidate he/she will
be selected whether the job is in-house or advertised in the paper.
Council Member Martha Harris moved to approve Resolution #12-2008, a
resolution amending Part 1, Policy 1.1 of the current Personnel Policies. Council
Member Turner seconded the motion.
Discussion on the motion: Council Member Martha Harris said she agreed with the
comments made. She would also expect this policy to be used very sparingly. She
appreciated Mr. Dickie’s explanation on how the process would work and if it proves to
be a burden to Administration or not effective for personnel it can be changed. Bruce
Evans, North Ogden City Attorney, said he had a potential amendment to the resolution
that might help. A section could be added saying with the concurrence of the Mayor or
Mayor Pro-Temp as appropriate or to report to Council Members at the next meeting
whenever it is used.
Mayor Harrop said he would be comfortable including the Mayor, Mayor Pro Temp and
the Council. Council Member Martha Harris said if there are going to be amendments to
the resolution she would withdraw her motion so it can be brought back in its final form
to a future Council meeting. She thanked Mr. Evans for his comments particularly
having an email sent to Council Members when the in-house advertising would be used.
Council Member Flamm said he liked the idea of an email but he would like to take it a
step further by having the email sent out before an offered is made. This would give the
Council a day or two to respond. If there are any negative comments then the job could
be opened up to the public. Council Member Turner asked how much it costs the City to
run an ad in the paper. Mrs. Spendlove said an ad costs between $1,200 and $1,500
City Council Minutest 23 September 08
depending on the position. Council Member Turner asked if the in-house advertising
would save the City some money. Mr. Dickie said the City would see some savings only
if the position being vacated by the employee taking the new job doesn’t need to be
filled. Through reorganization a new position may come up and another position would
be eliminated. In this case a savings will be realized if the position was filled in-house.
Council Member Rich Harris asked if the City Administrator under the current Personnel
Policy had the ability to hire in-house with the Council’s permission. Mrs. Spendlove
said no, there would need to be a new resolution. Mr. Bruce said it would be possible to
make the suggested amendments to the resolution and approve it this evening.
Council Member Flamm asked if there is any urgency to pass this tonight. Mr. Dickie
said it could wait until the next Council meeting. Council Member Musgrave asked if the
employee wouldn’t just be promoted if he/she is already qualified without hiring anyone.
Mrs. Spendlove said no, that hasn’t been the procedure since the Personnel Policy was
changed. Council Member Rich Harris said the current policy says no position will be
filled without outside advertising. This doesn’t preclude a City employee from getting a
position but it doesn’t guarantee they will. Mr. Evans said there would be a savings with
in-house advertising because instead of advertising twice, the City would only have to
advertise once if a City employee is hired for the new position. Council Member Flamm
asked if that had occurred in the past. Mrs. Spendlove said it had. Mr. Dickie said this
policy change would only be used sparingly and only when it makes the most sense. It
will never be used to hire department heads. Mr. Evans said he thought this would allow
for promotion within departments.
Council Member Martha Harris moved to withdraw her motion. Council Member
Turner seconded the motion to withdraw.
Voting on the motion:
Council Member Martha Harris – yes
Council Member Rich Harris – yes
Council Member Jed Musgrave – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
Motion passed.
Council Member Martha Harris moved to approve Resolution #12-2008, with
amendments as follows: North Ogden City Personnel Policy- at the discretion of the
City Administrator and Mayor or Mayor Pro Temp, some positions excluding
department heads maybe advertised in-house for a period of three business days.
After three business days if there are no qualified employees (meeting all the
minimum requirements and/or completing an interview process) then the position
will be advertised as described in the Personnel Policy. However prior to offering
employment to any in-house candidate the City Administrator shall notify the City
Council not less than two business days prior to extending the offer. Any objection
City Council Minutest 23 September 08
in-house will result in external advertising prior to issuing a hiring decision.
Council Member Turner seconded the motion.
Voting on the motion:
Council Member Martha Harris – yes
Council Member Rich Harris – yes
Council Member Jed Musgrave – yes
Council Member Ron Flamm – yes
Council Member Carl Turner – yes
Motion passed.
11. Public/Council comments.
Dave Hume, 513 E. 1700 N., told the Council he is glad they approved item #10 on the
agenda. It gives the City Administrator a vote of confidence. He advised the Council
that the oversight built into this resolution should also be used sparingly. It offers a
protection for Mr. Dickie in the hiring decisions.
Council Member Turner asked what was happening on the property at 550 East and 2550
North. It is all boarded up. Mr. Dickie explained that the City boarded up the house to
keep vandals out. The cost for demolishing it will be included in next year’s budget.
Council Member Turner asked to have staff take care of the weeds in the yard.
Annette Spendlove told the Council staff would like to schedule a work session for some
time in early November for Council training on Open Meetings, Sexual Harassment
procedures and a review of Council goals for the 2009-2010 fiscal year. It will be
structured as a Retreat. She asked Council to email possible dates in November for the
training.
Mr. Dickie told the Council he would also like to discuss Planned Residential Unit
Developments (PRUD)s in the City during the work session. He would like to have the
Council look at a City map and then go out to look at specific areas in the City as
possible locations for PRUDs. Staff would like to have Council input on where they
would be willing to allow this type of development. This way if a proposed PRUD is not
within these specified areas the developer won’t even begin the process for approval.
Council Member Flamm said along with the discussions held at the League on PRUDs
there was also a session covering conservation subdivisions. He thought there may be
some areas in the City the Council could look at for these types of subdivisions while
they are checking out possible locations for PRUDS. Mr. Dickie said there could be a
meeting held just on these topics. He told the Council he thought their position on land
use as the appeal authority is a good position for the Council. He would recommend
keeping the City’s land use process the same. Mr. Dickie told the Council they could
decide not to allow any more PRUDs but would recommend designating a few areas
where they could be built.
City Council Minutest 23 September 08
Council Member Rich Harris said in conjunction with this discussion there was an article
in the Standard Examiner a few days ago detailing the current high demand for rental
property. He would like to know what percentage of North Ogden is considered
affordable housing and multiple-family. He suggested having Craig Barker, North
Ogden Community Development Director, go back over the article and answer the
questions posed there with respect to North Ogden City. Council Member Musgrave said
he didn’t think the City had any low-income housing. Mrs. Spendlove told the Council
there is an area in the City where the homes have been financed through HUD and there
was a North Ogden resident using the program. Council Musgrave said there had been a
time when the City applied for federal housing money and were given a grant but didn’t
have any requests for the funds. Council Member Rich Harris asked City staff to check
on these items.
Mayor Harrop reported there has been significant progress made on the new Community
Services building. There will a city-wide clean up held October 7, 2008 and on
September 27, 2008 there is a ribbon-cutting ceremony for the inauguration of
Frontrunner Service into Pleasant View. He also told those in the audience how much he
appreciated their attendance.
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