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Home » Departments » About Us » City Council Minutes » August 21, 2007 Regular Meeting
August 21, 2007 Regular Meeting
MINUTES OF MILFORD CITY COUNCIL REGULAR MEETING
MILFORD CITY COUNCIL CHAMBERS
26 SOUTH 100 WEST, MILFORD, UTAH
TUESDAY, AUGUST 21, 2007 7:00 PM
Mayor Eugene H. Mayer called the Regular Meeting to order at 7:00 p.m.
MAYOR’S WELCOME AND ROLL CALL
Present: Mayor Eugene H. Mayer, Council Members Cullen Carter, Nolan Davis, Troy Netto, and Bryan Sherwood, City Manager Nedra Kennedy, City Recorder Monica Seifers, City Treasurer Arden Fowles, City Foreman Tom Bradshaw, City Engineer April McKeon, and City Attorney Leo Kanell.
Absent: Council Member Russell Smith
Visitors: Bill and Sarah Wray, Terry Wiseman – General Interest; John Killam entered the meeting at 7:50 p.m.
RECOGNITION AND RESPONSE TO VISITORS RELATING TO CITY BUSINESS
None
CONSENT ISSUES
MOTION: Council Member Bryan Sherwood moved to approve the consent issues including the bills and payroll, Minutes of August 7, 2007 Regular Meeting and Financial Report July 2007. Motion seconded by Council Member Nolan Davis and carried unanimously.
NEW BUSINESS
Sale and Negotiation of Surplus Properties
City Manager Kennedy reported that the Quit Claim Deed had been prepared for Dolly and Donald Turner for the surplus property located at 435 South Main; Craig Davies has verbally presented his first right of refusal.
MOTION: Council Member Nolan Davis moved to authorize the Mayor and City Recorder to sign the Quit Claim Deed for Donald and Dalisay Turner. Motion seconded by Council Member Troy Netto and carried unanimously.
City Manager Kennedy reported that the high bidder on Ironwood Subdivision Unit #1 Lots 7-15 and 7A had withdrawn their bid. She has been in contact with the second highest bidder who has been offered thirty days to purchase the property at their bid price. He has requested a land sale agreement, which Attorney Kanell has drafted. Attorney Kanell reported he had included that the closing costs associated with this land sale would be split between the bidder and Milford City; he asked the Council if they wanted to negotiate the cost of title insurance. He inquired if there were any easements or rights-of-way that needed to be included. Foreman Bradshaw reported there were irrigation, sewer, and culinary lines located on the property. He added that the fiber optics line ran behind the existing lots for which an easement was already in place. Foreman Bradshaw cited that the city should not be responsible for moving the irrigation line, which could be located beneath the curb, gutter, and sidewalk.
MOTION: Council Member Bryan Sherwood moved to authorize the Mayor and City Recorder to sign the land sale agreement. Motion seconded by Council Member Nolan Davis and carried unanimously.
City Manager Nedra Kennedy presented Mayor Eugene H. Mayer with a bid for surplus property at 468 South Main (west side). Mayor Mayer opened the bid, submitted by Jeff Davis and Michael Mayer, for the amount of $39,001.05, which was the minimum bid amount.
MOTION: Council Member Bryan Sherwood moved to accept the bid of $39,001.05, presented by Jeff Davis and Michael Mayer. Motion seconded by Council Member Nolan Davis and carried unanimously with Council Member Troy Netto abstaining.
City Manager Kennedy revisited Ironwood Subdivision Unit 1 Lots 2A-6A, which are landlocked and have been requested by the property owners abutting the properties. The consensus of the property owners was to offer $500 per lot. Mayor Mayer cited that Russell Mayer did not have any interest in taking ownership of Lot 2A but he maintains the property. Council Member Netto had concerns with selling the lots to the individual property owners explaining that he would rather seed the properties and install irrigation and leave it as part of the rough. He felt that individual property ownership would not be the solution. Council discussed the varying lot sizes. Council Member Sherwood stated he did not see any value to Milford City retaining the ownership; he suggested accepting the offers from the property owners suggesting that the price for 6A be increased as it was larger. Foreman Bradshaw stated that the property owners could do what they wanted with the properties so there should be stipulations to ensure that the lots do not present a nuisance in the future. The overall intent is to keep the properties maintained in congruence with the golf course.
MOTION: Council Member Bryan Sherwood moved to accept $500 from Ron Wunderlich, $500 from Vic Esworthy, and $1,000 from Matt Charron. Motion was lost.
Appointment of John Killam to Planning & Zoning Committee
MOTION: Council Member Cullen Carter moved to appoint John Killam to the Planning & Zoning Committee. Motion seconded by Council Member Troy Netto and carried unanimously.
Repairs to Airport 100 LL Fuel Tank
City Manager Kennedy explained that the jet tank was recently fixed but there are repairs needed on the 100 LL fuel tank. Aviation Service Group did the repairs to the jet tank and has provided a quote of $2,110.00 for the repairs to the 100LL fuel tank. She explained that the repairs are required as per the inspection report from Western Petroleum.
MOTION: Council Member Nolan Davis moved to authorize the repairs to the Airport 100 LL Fuel Tank. Motion seconded by Council Member Cullen Carter and carried unanimously.
OLD BUSINESS
Final Approval of Sunnyside Subdivision
City Engineer April McKeon referred to the items that needed to be completed by Stanley Dalton. City Manager Kennedy reported that Rocky Mountain Power was waiting for poles; Mr. Dalton has paid for the streetlights. April McKeon explained that some areas of the concrete did not pass the strength tests; she did not feel there would be a problem with extending the warranty from one year to two years rather than requiring Mr. Dalton remove and replace the entire area that did not pass (600 lineal feet of sidewalk). Attorney Kanell stated that he felt the developer should fully disclose the failed testing and offer an extended warranty to the potential buyers. Ms. McKeon cited that Mr. Dalton has addressed it stating that he would include them in the sales agreement. He would be pouring the radius on the sidewalk tomorrow. Council Member Netto did not want to set a precedent by making exceptions to the rules. Council Member Sherwood did not want to delay Mr. Dalton, he has done an outstanding job with development of the subdivision and has worked with the city in meeting all requests.
MOTION: Council Member Troy Netto moved to authorize Attorney Kanell to draft a final acceptance letter for Sunnyside Subdivision, to be retained until the radius is poured and passes; letter to include an option for developer to replace the failed concrete or give a two year warranty and full replacement should the concrete fail anytime during that two year warranty period; additionally, full disclosure of failed tests shall be provided to potential buyers by developer. Motion seconded by Council Member Bryan Sherwood and carried unanimously.
ORDINANCES AND RESOLUTIONS
· Ordinance 9-2007 “Yards & Setbacks”
MOTION: Council Member Troy Netto moved to adopt Ordinance 9-2007 “Yards and Setbacks” as presented. Motion seconded by Council Member Nolan Davis and carried unanimously.
· Ordinance 10-2007 “Regulation and Standards for Landscaping”
MOTION: Council Member Troy Netto moved to adopt Ordinance 10-2007 “Regulation and Standards for Landscaping” as presented. Motion seconded by Council Member Nolan Davis and carried with affirmative votes by Council Members Cullen Carter, Nolan Davis, and Troy Netto; Council Member Bryan Sherwood voted against.
STAFF REPORT & COMMENTS
· City Attorney Leo Kanell cited that the code for abatement of dangerous buildings has become obsolete. Craig Davis, Beaver County Building Official, has recommended the city adopt new code which includes the International Building Code. Attorney Kanell has provided City Manager Nedra Kennedy with the documents. The fire department is on board to assist in abatement of dangerous buildings and would like to know that the City Council is supportive and willing to commit the funding that may be required through the abatement process. Council Member Nolan Davis reported that the fire department, health department, and building department have been included in the process of abating dangerous buildings. The International Building Code is more user friendly than the Uniform Building Code.
· City Manager Kennedy reported that there continued to be concerns and challenges with the crossing guards at the schools. The city has advertised the positions all summer with no interest. She has communicated with the high school and elementary school and discussed the issue with Deputy Mike Berg. The principal of Milford Elementary, Ben Dalton, has reported concerns from parents. Council Member Sherwood asked Attorney Kanell why the city was responsible. Attorney Kanell explained that it was a statutory requirement that cities provide crossing guards for schools. Council Member Sherwood commented that the city crew cannot be pulled away from their duties to cover the cross walks. It was suggested that the city contact the Senior Citizen’s to determine if there may be any interest from their group.
· City Manager Kennedy said the interviews for the Treasurer/Zoning Administrator position would need to be scheduled. City Manager Kennedy asked Mayor Eugene Mayer to excuse himself from the process as he has a relative who has applied. Interviews were scheduled for August 27, 2007 beginning at 11:00 AM with Council Members Troy Netto and Cullen Carter participating.
· City Treasurer Arden Fowles stated that he did not know how the Senior Citizen’s operated but it was his suggestion to see if there would be any interest from them, or any another organization that would be willing to take the three daily shifts. He added that the salary has recently been increased. Council Member Sherwood will visit with the senior’s and Council Member Carter will discuss it further with Ricky Rose who may be able to find a student at the high school to do work release.
COUNCIL REPORT & COMMENTS
· Council Member Cullen Carter inquired when the pile of trash at the old stable area at the racetrack would be removed. Terry Wiseman, who is the Foreman for UDOT, reported that the contractor who placed it there would be removing the pile next week.
· Council Member Troy Netto reported that the sheriff’s department has a new work release program that is being utilized by the county and other municipalities. The crews could be used for various projects (paint, pick litter, miscellaneous labor) at a cost of $25 per crew hour. Rick Rose is the supervisor, the city would have to provide tools, equipment, and supplies and line the crew up on the project, but full supervision would be provided by the corrections department.
ADJOURNMENT
As there was no further business, the meeting adjourned at 8:27 p.m.
CITY OF MILFORD
Date Approved: September 4, 2007
As Recorded By: Monica D. Seifers, City Recorder
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