NORTH OGDEN CITY COUNCIL MEETING MINUTES
October 6, 2009
The North Ogden City Council convened in an emergency session on October6, 2009at 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 onOctober 6, 2009. Notice of the annual meeting schedule was published in the Standard-Examiner on December 28, 2008.
PRESENT:Martha HarrisCouncil Member
Richard HarrisCouncil Member
Carl TurnerCouncil Member
EXCUSED:Gary A. HarropMayor
Ronald FlammCouncil Member
Jed MusgraveCouncil Member
STAFF PRESENT:Edward O. DickieCity Administrator
Annette SpendloveCity Recorder
Gary KerrCity Building Official
VISITORS:David HulmeHarrison Spendlove
Brian BottBrent Taylor
WELCOME
Mayor Pro-Temp Martha Harris called the meeting to order, stating that there is a quorum present consisting of Council Members Carl Turner, Richard Harris and Martha Harris.
Council Member Richard Harris gave the invocation and led the audience and Council in the Pledge of Allegiance.
AGENDA
1.Discussion and/or action to expend funds for the Storm Water Mitigation in the Deer
Meadows Subdivision.
Ed Dickie, City Administrator, reported to the Council that he is recommending the City Council approve the amount, not to exceed $120,000, to dig the trench along the eastern and southern boundary of the Deer Meadows Subdivision to help mitigate the flooding problems experienced by homes in this area. The City has met with the affected homeowners and they agreed to this solution. They didn’t want to dig up their yards unless it was absolutely necessary. Kent Jones, City Engineer, indicated he was confident this solution would take care of the problem. This money will come out of the Storm Water Enterprise Fund which has sufficient monies, over $900,000. The City would like to begin construction as soon as possible.
Council Member Rich Harris asked if the Storm Water Enterprise Fund included the impact fees collected by the City. Mr. Dickie replied that it does, but staff didn’t think impact fees could be used for this but they are checking into it.
Council Member Turner asked if this project would go out for bids. Mr. Dickie said approval of the funding allows the City Engineer to begin doing the schematics and drawings. He will also be getting three or four bids for the project. The project will also be posted on the web site for any local contractors who might want to bid on it. Bidding on the project will be open until Friday, October 9, 2009 at 5 pm. The City will also need to get some easements from Lyman Barker, owner of the property adjacent to the subdivision and some of the land owners on the southern end of the subdivision. Council Member Turner asked if there will be another soil report. Mr. Dickie said he didn’t think so. However, the pizometers will be left in place in case of future problems.
Council Member Rich Harris asked what final resolution the homeowners were willing to accept. Mr. Dickie said the homeowners were willing to sign a document to hold the City harmless after this project is completed and a year has passed to ensure the problem is solved. If there is additional significant water problems then the City will go in and install a land drain around the property of the affected home(s). There is a chance the land drain around the boarders of the subdivision may not take care of a couple of homes on the south end of the subdivision. If this turns out to be the case then if the Council approves additional mitigation a land drain will be put around the affected homes. The City Attorney Bruce Evans supported this as the most economical solution. Council Member Rich Harris asked if the City didn’t act to mitigate this problem did the City Attorney believed the City could actually have to buy the affected homes. Mr. Dickie said he is sure if the City was unwilling to help the homeowners fix this problem they would be contacting legal counsel at this point. Mr. Dickie said Bruce Evans felt the City should do something since the North Ogden MBA was the developer of this subdivision. Mr. Dickie said Mr. Evans felt pretty strongly if this went to Court the City would lose. The City is hoping the $120,000 solution works because it would be the most economical. If land drains had to be placed around some of the homes that would cost between $25,000 and $30,000 a home. This is still less expensive than having to purchase even one home that is receiving significant water damage.
Mayor Pro Temp Martha Harris asked who was in attendance at the meeting with the residents. Mr. Dickie said he, Matt Hartvigsen, Jones and Associates, Mel Blanchard, Public Works Director, and Gary Kerr, City Building Official attended the meeting with all the homeowners who supported putting in the land drain around the subdivision. Mr. Dickie said they wanted assurance that if this solution didn’t work the City would consider the alternative of putting a land drain around each of the affected homes. Mr. Dickie said he told the homeowners that would be considered if further problems developed. He also informed the Council that Mr. Evans is writing a “hold harmless” agreement for the homeowners to sign. This will be brought to the Council in November. Mayor Pro Temp Martha Harris summarize the actions this vote would allow the City to take; get bids, award bid, easement drawn up and the actual digging to begin. Mr. Dickie confirmed this would be the plan if the Council approves this expenditure and he said hopefully the work would begin next week. This is why the emergency meeting was called. The weather could become a factor if the project doesn’t begin as soon as possible.
Council Member Rich Harris asked if the Council approves the expenditure of these funds will that require a future budget opening. Mr. Dickie said yes, that will have to be taken care of at a later date. Council Member Turner asked if Lyman Barker would charge the City for the easements on his property. Mr. Dickie said he wouldn’t. The requested amount $120,000 would be used for pipe, trenching, man hours and some landscaping. The bid directive will ask for the cost to trench down at least 20-feet or however deep this can be dug for the $120,000. Mr. Dickie said if the bids come in higher than $120,000 the City can rethink its strategy and then make a decision on how deep to dig the trenches. Council Member Rich Harris said we need to be careful that the trenches are deep enough to capture the groundwater. Mr. Dickie explained that the Storm Water Enterprise Fund had $900,000 and just under half of that are impact fees. The rest is available for this type of project.
Council Member Rich Harris moved to approve the expenditure, not to exceed $120,000, for the storm water mitigation in the Deer Meadows Subdivision. Council Member Turner seconded the motion.
Voting on the motion:
Council Member Turner – yes
Council Member Rich Harris – yes
Council Member Martha Harris – yes
Motion passed.
2.Adjournment.
Council Member Turner moved to adjourn the meeting. Council Member Rich Harris seconded the motion.
Voting on the motion:
All Council Members voted aye.
Motion passed.
The emergency meeting closed at 5:45 pm.
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Mayor Pro Temp Martha Harris
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S. Annette Spendlove, CMC
City Recorder
Date minutes approved. ______
City Council 6 October 09Page 1