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Home » Departments » About Us » City Council Minutes » August 7, 2007
August 7, 2007
MINUTES OF MILFORD CITY COUNCIL REGULAR MEETING
MILFORD CITY COUNCIL CHAMBERS
26 SOUTH 100 WEST, MILFORD, UTAH
TUESDAY, AUGUST 7, 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, Bryan Sherwood, and Russell Smith, 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.
Visitors: Sheriff Cameron Noel, Sergeant Kiley Maycock, Beaver County Commissioner Chad Johnson, Robert Davis, Wayne Hardy, Jared Bridge, Teddy Bridge, Michael Davis, Josh Hardy, Andy Davis, Janice Foster, Raenee Bugarske, Jordan Mathis, Martha Arroyos, Sierra Endter, Olin McNeill, Susan deGraffenried, Larry deGraffenried, Lynn Hanson, Terry Wiseman, Deputy Mike Berg, Stanley Dalton, Ana Dalton, William Wray, Sarah Wray, Ron Brinkman, Sheila Brinkman, Clark Dalton, Rick Rose, Carolyn Pearson, Beaver County Commissioner Don Willden, Bart Fisher, Carla Fowles, Jennifer Fowles. John Killam and Dakota Livingston entered at approximately 7:50 p.m.; K.B. Thompson entered at approximately 8:00 p.m.
RECOGNITION AND RESPONSE TO VISITORS RELATING TO CITY BUSINESS
Wayne Hardy, Men’s Golf Association – Golf Cart Use and Ordinance
Wayne Hardy, President of the Men’s Golf Association, stated that they felt one particular deputy on the Beaver County Sheriff’s Department was profiling the golfers. Mr. Hardy discussed the use of golf carts with two deputies, who both stated that they would not bother anyone who was going to or leaving the golf course and was a licensed driver. Sergeant Kiley Maycock explained that each officer has the discretion to approach situations using law and common sense. Sheriff Cameron Noel stated he had not received any calls from any citizen’s regarding the situation. He cited that the Sheriff’s Department is bound to uphold the laws of the State of Utah. Mr. Hardy questioned the four wheelers, mules, and motorized wheelchairs. Sheriff Noel replied that there was a law covering motorized vehicles, which require a license, insurance, and registration. Council Member Nolan Davis stated that he has searched the state code extensively trying to find a win-win situation for the golf carts. There are codes covering everything from bicycles to off-highway vehicles but nothing pertaining to golf carts. All of the ordinances the city has looked at thus far have been illegal. Mr. Hardy was seeking action from the city and county regarding the allowance of golf carts to be driven to and from the course. Councilman Davis stated that he could not and would not give the okay to drive golf carts on a city street. Mr. Hardy asked if the city was going to designate a route for golf carts. Councilman Davis replied that golf carts are not allowed on city streets therefore the Council cannot designate routes for their use. Commissioner Chad Johnson felt the situation might be a case of officer discretion. Council Member Sherwood stated that there is a reason for people choosing to reside in a small town and to have it enforced so heavily after many years of no enforcement is a heavy blow. Attorney Kanell explained that the city could not pass a law exempting the state statute. The legislature reviewed the law and it was determined to exclude golf carts; it is a difficult issue but the city is working diligently to find statute that will work for the golf cart users and also is legal. Council Member Davis stated there was no easy answer, he has researched state code for the past year, and there is no legislation for golf carts. Attorney Kanell added that if there was an accident involving a golf cart and the driver is at fault, there is no insurance coverage for liability. The state has passed laws that strictly determine what is allowable on public streets. Mr. Hardy stated he did not come to ask the City Council or the Sheriff’s Department to not enforce the law, he was just hoping to find an agreeable route of use. Commissioner Johnson revisited the house bill that did not pass stating that it may be brought back to life in the future. Attorney Kanell suggested contacting the representatives and urging legislation of golf cart use on public streets. City Manager Kennedy added that the golf association and the county commission should provide their input as well.
Sheriff Noel visited the OHV Ordinance, stating there are problems when citizens joy ride rather than use the route for the purpose it was intended. He asked the Council to not make the ordinance intrusive, which can make it difficult to enforce. Clark Dalton stated it was his understanding that the routes were passed to get the vehicles out of town, not to be used for joyriding.
Janice Foster/Jordan Mathis, Southwest Public Health Department – Tobacco Policy
Southwest Public Health Department is promoting smoke-free parks and recreation areas and urged the Council to pass an ordinance. Council Member Davis supports the group but explained it was a law that was difficult to enforce. Council Member Sherwood added that it was not against the law to smoke and the City Council did not want to create an ordinance that could not be enforced.
Stanley Dalton – Sunnyside Subdivision Final Approval
Mr. Dalton has requested and received an inspection. Foreman Bradshaw reported there were issues identified during the inspection that needed to be finalized. Mr. Dalton explained the streetlights have to be replaced as Rocky Mountain Power rejected the lights installed by the developer. Mr. Dalton reported the outstanding balance on bulk water would be paid in full later this week. Concrete strength testing failed on the sidewalks, further core testing to be done which will take two to three weeks. The city will send a letter to the developer listing what issues need to be finalized in order to approve the subdivision. City Manager Kennedy suggested postponing the approval for two weeks to allow the developer to finalize. Council Member Sherwood commented on what a nice addition the subdivision was to the city. City Manager Kennedy stated that throughout the development of the subdivision, Mr. Dalton was very good to work with.
John Killam, a resident of Milford, commented that the subdivision was an asset to the community.
CONSENT ISSUES
MOTION: Council Member Troy Netto moved to approve the consent issues including the bills and payroll, Minutes of July 3, 2007 Regular Meeting and Minutes of July 17, 2007 (No Quorum) and Financial Report June 2007. Motion seconded by Council Member Nolan Davis and carried unanimously.
NEW BUSINESS
Sale and Negotiation of Surplus Properties
Mayor Eugene Mayer received and opened the bids for the surplus properties (Lots 7-15 and 7A) with the minimum bid set at $120,000. The first bid was received from Dominion Investments for the amount of $160,000. The second and final bid was received from Patrick Uffens for the amount of $137,000.
MOTION: Council Member Bryan Sherwood moved to accept the bid of $160,000 from Dominion Investments LLC; funds to be received in full no later than 30 days from today. Motion seconded by Council Member Cullen Carter and carried unanimously.
Purchase of Budgeted Office Equipment
City Manager Kennedy explained a phone system and computer was needed in the City Office; both items were approved in the budget.
MOTION: Council Member Cullen Carter moved to authorize the purchase of the office equipment as budgeted. Motion seconded by Council Member Nolan Davis and carried unanimously.
Write Off Un-Collectable Debt
There are currently three accounts that have been un-collectable and require to be written off; staff will continue their efforts to collect the debts.
MOTION: Council Member Russell Smith moved to authorize the write off of the accounts as presented. Motion seconded by Council Member Bryan Sherwood and carried unanimously.
Senior Citizen Center Deed
Attorney Kanell explained that the deed, although not accepted by the city, was recorded as being conveyed to Milford City by Beaver County.
MOTION: Council Member Russell Smith moved to deed the Senior Citizen Center back to Beaver County. Motion seconded by Council Member Nolan Davis and carried unanimously.
ORDINANCES AND RESOLUTIONS
· Resolution 6-2007 “Certified Tax Rate”
MOTION: Council Member Nolan Davis moved to adopt Resolution 6-2007 “Certified Tax Rate”. Motion seconded by Council Member Cullen Carter. Roll call votes were: Cullen Carter, Nolan Davis – Yes, Troy Netto – Yes, Bryan Sherwood –Yes, and Russell Smith – Yes.
· Ordinance 8-2007 “Off Highway Vehicles”
Sergeant Maycock explained that anybody between the age of 12 and 16 years old has to obtain a safety certificate in order to operate an OHV in the city limits. Council Member Davis had concerns with the age range, designating city streets, and the speed limit being set at 25 mph; he would prefer 15 mph. K.B. Thompson, who resides on 900 South, voiced his concerns regarding the bikes and OHV’s riding near his home, stating that golf carts are okay as far as he was concerned, they are a part of Milford’s economy, but the motorcycles should not be allowed in town.
MOTION: Council Member Troy Netto moved to adopt Ordinance 8-2007 “Off Highway Vehicles” with a change of the speed limit to 15 miles per hour. Motion seconded by Council Member Bryan Sherwood. Roll call votes were: Cullen Carter, Nolan Davis – Yes, Troy Netto – Yes, Bryan Sherwood –Yes, and Russell Smith – Yes.
ACTION ITEM: City Engineer McKeon will draw up a route map and City Manager Kennedy will obtain cost on signs.
· Ordinance 9-2007 “Golf Cart/Utility Vehicles”
No Action.
STAFF REPORT & COMMENTS
· City Attorney Kanell reported that the discharge for the golf course well located on Max Mayer’s property needs to be relocated. Mr. Mayer has requested that Milford City pay the attorney retainer fees. Council Member Carter did not feel that the city was responsible for Mr. Mayer’s attorney’s fees, as the city has agreed to move the discharge and fill in the trench.
· City Manager Kennedy reported the steps at the Library are deteriorating; a bid has been received at $3,600. The stairs are unusable and have been barricaded as they create a liability.
COUNCIL REPORT & COMMENTS
· Mayor Eugene Mayer asked who needed to attend the inspection on Wednesday, Aug 8th. It was suggested that Foreman Tom Bradshaw and Council Member Bryan Sherwood attend. City Manager Kennedy reported that additional guardrail would be placed on the overpass.
· Council Member Nolan Davis urged anyone who has any concerns or complaints to contact Sheriff Noel or his deputies.
· Council Member Bryan Sherwood asked for a status update on the Milford Hospital. April McKeon reported it had gone to the Supreme Court but she did not know where they were in that process. Attorney Kanell cited that the BLM was lacking the manpower to handle the applications they are receiving at this time.
ADJOURNMENT
As there was no further business, the meeting adjourned at 9:07 p.m.
CITY OF MILFORD
Date Approved: 21 August, 2007
As Recorded By: Monica D. Seifers, City Recorder
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