PERRY CITY COUNCIL MEETING PERRY CITY OFFICES ...

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PERRY CITY COUNCIL MEETING PERRY CITY OFFICES SEPTEMBER 12, 2013

7:11 PM

OFFICIALS PRESENT:

Mayor Jerry Nelson presided and conducted the meeting. Karen Cronin, Peter Gerlach, Marci Satterthwaite, Todd Christensen (arrived at approx. 7:45pm)

OFFICIALS EXCUSED:

Jana Nelson

CITY STAFF PRESENT:

Duncan Murray, City Administrator Susan Obray, City Recorder Shanna Johnson, Chief Deputy Recorder

OTHERS PRESENT: Bethanie Peterson, Michael Cont, Colton Ross, Esther Montgomery, Patrick Parker ITEM 1: CALL TO ORDER Mayor Nelson called the meeting to order. A. INVOCATION Council Member Cronin offered the invocation. B. PLEDGE OF ALLEGIANCE Mayor Nelson led the audience in the Pledge of Allegiance. ITEM 2: NEW BUSINESS LICENSES, PROCEDURAL ISSUES, AND APPOINTMENTS A. CONFLICT OF INTEREST DECLARATION None. B. NEW BUSINESS LICENSES None. C. PASS OUT WARRANTS TO COUNCIL MEMBERS (AND POSSIBLE DISCUSSION) Susan Obray passed out the warrants. She explained that there are two different forms. Duncan Murray said that the second warrant list is for the first installment payment of $10,000, for the new training building (to be placed at the Three Mile Creek Range). Council Member Gerlach asked what the payment to Caselle Inc. was for. Mayor Nelson said that this is our financial software and it includes the system update. Council Member Gerlach asked about the Smith and Edwards bill. Duncan Murray reported that some of the purchases on this bill were for Range supplies and some of the charges were for Ammunition. ITEM 3: PRESENTATIONS, REPORTS, AND TRACKING A. POLICE DEPARTMENT REPORT (BY CHIEF DALE WEESE) Chief Weese gave a progress report on the I-15/1100 South project. He said UDOT reports that it will be open for bids on the 19th of September. He said that the winning bid has 35-40 days to begin work. He said that the work should begin around December or January. Chief Weese reported that Jodi Nix is no longer with the Police Department, and they have hired two Part-Time officers to help with shift work as needed:

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Blake Woodring – Currently works full-time for the State of Utah Adult Probation as a supervisor, has 22 years of law enforcement experience.  Dave Freeze – Currently works full-time with the Box Elder County Sheriff’s office. Council Member Gerlach asked how many hours Jodi Nix worked. Chief Weese said all part-time officers work a shared allotment of 25 hours per week. He said that Jodi was not working full-time elsewhere so she was open to help us at anytime. The new officers hired have full-time jobs and will have more limited availability. Chief Weese said they also selected one Reserve Officer (this is a volunteer position, with no pay). He said that she graduated from the POST Academy last year; she is intelligent, dedicated and wants to be a Police Officer some day. He said that she will be a reserve officer for the city and will go through the City’s Field Officer training. He said she will help the city will special events, etc. Chief Weese said there is not much going on in the city; although, there was some car burglaries. He said there were about 8 incidents and Officer Trujillo was to catch the suspect. Chief Weese said that it ended up being an 8-year old boy, who was put up to committing the crimes by his older sister and her boyfriend who lived in Brigham City. He said that Officer Trujillo notified Brigham City and they found that the sister and brother were responsible for 20 car burglaries in their city. Mayor Nelson said that the free shooting event that took place at the Three Mile Creek Range was very nice. Chief Weese said there were about 25 people each night that came to the event. He said all were new to the sport and were excited about it. He said this should increase business at the Range. Chief Weese said that the rock wall and ADA ramp is complete and looks very nice. REPORT ON “MEET & GREET” EVENT AT THE DALE YOUNG NATURE PARK (BY DUNCAN MURRAY) Duncan Murray reported that several Weber State University (WSU) students helped with this event. They had iPads and were conducting surveys via Survey Monkey, regarding park improvements people would like to see at the Nature Park. Duncan said there was a good turn out with a lot of support from the Council Members and the community. He said that there was a parks committee meeting today, the Parks Committee met with the WSU students to review survey results, discussed possible projects, and what the next step is. He said their ultimate goal is to update the Parks Master Plan. Duncan reported that 35 residents completed the survey and the highest rated projects were as follows: 1. Enhanced Trails 2. Benches 3. Restrooms 4. A New Pavilion Duncan said the idea is that if we have a parks plan that is specific and itemized, including dollar amounts, then we can go to businesses such as Wal-Mart or rich benefactors and ask them to participate in projects. He said this also enables the City to apply for grants. He said for example there is a grant available through Rocky Mountain Power, but it requires a plan be in place. Duncan stated that during the meet & greet hotdogs were served and those who attended seemed like they had a good time. ITEM 4: PUBLIC COMMENTS AND/OR PUBLIC HEARING A. PUBLIC COMMENTS None. ITEM 5: LAND USE ISSUES A. DISCUSSION REGARDING THE AUGUST 22 AND SEPTEMBER 5, 2013 PLANNING COMMISSION MEETINGS Council Member Cronin said that there was a gentleman at the September 5th meeting that had a concept plan for single family attached homes. She said he is looking at the area east of Vintage Farms and west of Beehive Homes. She stated there were some concerns from residents, because they were not sure exactly what the developer had in mind. She said that they thought he was proposing high density

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housing, but when they found out that these were single family attached dwellings it did reduce their concerns. Council Member Cronin said that the Planning Commission recommended a change to the Sign Ordinance, which should be presented to the Council in the future, and they are working at amendments to the Health and Safety Ordinance. Council Member Gerlach asked if the changes to the Sign Ordinance had to do with election signs. Duncan Murray said yes, this would allow candidates who are successful in the Primary Elections to keep signs up until 15 days after the General Election. He said the other amendment to the Ordinance dealt with off premises mobile signs; allowing them to exist in the city. ITEM 6: FINANCIAL, PUBLIC UTILITIES, AND TECHNOLOGY ISSUES A. APPROVAL OF WARRANTS MOTION: Council Member Gerlach made a motion to approve the warrants. Council Member Cronin seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Yes Motion Approved. 3 Yes, 0 No. B. FOLLOW UP REGARDING ENERGY PROJECT PERFORMANCE CONTRACTING Council Member Cronin said she had a lot of questions so she contacted Mark Cram. She said that he advised that the program includes 3 steps: 1. Present Program to the Council 2. Prepare a no-cost feasibility Study 3. Present findings of the Study to the Council Council Member Cronin explained Mark Cram (Siemens Industry Inc.) said he did receive a letter expressing interest in the no-cost feasibility study, but thought that he would get a list of possible projects the city was interested in and 24 months of energy bills in conjunction with those projects. She said after the feasibility study is complete they would come back to the City and report on what they found. At that point the City would decide if they are interested in going further and specify a certain amount of money for them to do an investment grade audit, which would include firm fixed pricing for the contractors and a scope of work. She said this would be everything that would be needed in order to get bids. She said that Siemens Industry Inc. guarantees by state law that the project completed creates a savings every year for the city or they have to cover the difference. Council member Cronin said we are still at step 2, and the Council needs to decide what city projects we would like evaluated. She said she thought the projects outlined before included the purchase of streetlights, building lighting upgrade, park lighting and possibly the culinary pump house improvements. Mayor Nelson said he likes the idea of these projects being evaluated. Duncan Murray said city staff can easily get 24 months of energy bills. Council Member Cronin recommended getting the cost estimate. She asked if there are any projects the Council and Mayor would like to add to the evaluation, such as the sewer lift stations. Council Member Christensen said he would like this added to the list. Mayor Nelson said he would like to have the Wastewater Treatment Facility Board review any possible sewer treatment projects to be evaluated. C. FOLLOW UP REGARDING POTENTIAL PURCHASE OF STREETLIGHTS FROM ROCKY MOUNTAIN POWER Duncan Murray stated that the city had planned $30,000 for the purchase of streetlights from Rocky Mountain Power. The City paid $2,500 to Rocky Mountain Power for a streetlight field assessment. He said that this assessment has been completed and according to the assessment it will cost approximately $61,000 to purchase the streetlights, which is twice as much as planned. He said that our Community Relations Representative from Rocky Mountain Power Craig Bruderer went to bat for the City, but found that there is no way to bring this cost down or to spread the cost out over time. Duncan said that the reason that Rocky Mountain Power’s estimate was so far off from the actual cost, was that they were comparing Perry City to average cities, but because our streetlights are newer than most of the other

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communities, we don’t have the same depreciation. Duncan said the good news is that if the City decides to purchase the lights within the next couple of years, we will not have to pay for another field assessment. Duncan said it is possible that Siemens Industry may have a more affordable financing option, and if so the purchase of the streetlights may still be possible. D. REPORT ON 900 WEST STREET CDBG PROJECT Duncan Murray reported that the City has worked through all of the red tape for the grant and the CDBG funds are all approved. He said this work included an Environmental Review, which Jones & Associates helped City staff complete. Duncan explained that the project includes new asphalt, curb, gutter, and sidewalk on the east side, and a new waterline. He stated that they are working to move a few utilities including power poles. He advised the power lines must be moved in the middle phase and the southern phase of the project because the power lines have to be moved in rows (in a straight line). He requested the help of council members in getting 12-13 Rocky Mountain Power easements signed by property owners in the project area. Duncan advised that a notarized signature would be required on each easement. He said he would like to break into two man teams to accomplish getting the easement signed. Council Member Gerlach suggested inviting all the affected property owners to come to a meeting to sign the easements, possibly with food. Duncan Murray advised that some of the owners are out of state. Mayor Nelson liked the idea of having a block party with food to obtain signatures. Duncan said that other arrangements could be made for those not able to attend. Duncan stated that he will work to get this scheduled right away. E. REPORT ON PORT OF ENTRY ANNEXATION Duncan Murray reported that the annexation petition has been prepared and the final plat needs to be signed. He said that this information was mailed out today to Utah Department of Transportation (UDOT) for signature. He said as soon as this is signed by UDOT and returned it officially begins the legal process, then a public hearing must take place at a Planning Commission meeting, then it will work its way to the City Council. F. RESOLUTION 13-16 TO ADOPT CHANGES IN PARK USER FEES Duncan Murray said that there is some confusion with the use of soccer fields and fees associated with the use. He said Greg Braegger the Parks Superintendent has had to act as a collection agent in some cases on fees and he is looking for some clarification from the Council that can be presented to park users in an effort to alleviate this issue. Duncan presented the below options for changes to the Park User Fees: Current System Option A Option B Games on Lower Soccer Field: Users pay in advance to schedule for games (sometimes we have made exceptions for the user to pay after the fact).

Games on Lower Soccer Field: Users pay in advance to schedule for games (no exceptions, user must pay in advance; otherwise games cannot be played). No practices allowed on lower field.

Games on Lower Soccer Field: Users pay in advance to schedule for games (no exceptions, user must pay in advance; otherwise games cannot be played). No practices allowed on lower field.

Games on any other Field: Users pay in advance to schedule for games (sometimes we have made exceptions for the user to pay after the fact).

Games on any other Field: Users pay in advance to schedule for games (no exceptions, user must pay in advance; otherwise games cannot be played).

Games on any other Field: Users pay in advance to schedule for games (no exceptions, user must pay in advance; otherwise games cannot be played).

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Practices on any other Field: Users pay $1 per hour in advance (sometimes we have made exceptions for the user to pay after the fact, sometimes users do not pay at all).

Practices on any other Field: “Brigham City Option” – No cost for or scheduling of fields for practices; all practice fields are on a first come, first serve basis.

Practices on any other Field: Users pay $1 per hour in advance (no exceptions, user must pay in advance; otherwise practices cannot be held).

Mayor Nelson said he wants field use to be easy. He said that if someone wants to schedule the park they need to pay, but if they want to come to use the park on a first come, first serve basis that is fine, but you will not be guaranteed that it will be open. He said he feels like this is the same for practices if you want the field reserved, you need to pay for it and pay in advance. Council Member Gerlach said currently you reserve the park, but sometimes people have already shown up to use it and that is why they were paying for the field use after the fact. Mayor Nelson said he did not realize that the City is only charging $1 for use. Council Member Satterthwaite said that more is charged for games; the $1 fee is only for practices. She suggested that fees be pre-paid. Duncan said it sounds like Option B is what most are leaning toward. Mayor Nelson said he just wants the process to be easy. Council Member Gerlach said the easiest is Option A. Council Member Satterthwaite said from a coaching standpoint you need to be able to reserve fields in order to have a guaranteed practice. Council Member Christensen said that if you let them handle this on their own, then teams just bully others to get field use. Mayor Nelson said that is why the fields should be scheduled just like the bowery is scheduled at Perry Park. He said that a sign should be placed with the reserved party’s name. Council Member Christensen said they no longer post the reserved party’s name at the park bowery. Mayor Nelson said they used to and we should still be posting this. Mayor Nelson said if we are going to have reservations, then the name should be posted, but this will increase costs and the fee for use. Council Member Satterthwaite said that it shouldn’t be that complicated, if they reserve a field and another team shows up they simply let the other team know that they have paid for the park and the other has to leave. Council Member Christensen asked why Greg Braegger can’t post a weekly schedule of use on Monday morning at the park. Council Member Cronin said so the Council is suggesting going with option B removing the word “cannot” on the practices section and that Greg Braegger post a weekly practice schedule each Monday at the field. Duncan suggested that the practice section on Option B be reworded to read Users pay $1 per hour in advance (otherwise practices will be on a first come first serve basis). The Council agreed with this option as amended. Council Member Cronin suggested that Greg could work with teams to exchange supplies or painting of fields for rental time. Susan Obray said that we could give the renter a copy of the rental agreement as proof their rental. The Council still wanted this posted. MOTION: Council Member Cronin made a motion to select Park Rental Option B changing the practices section language from “otherwise practices cannot be held” to “otherwise practices will be held on a first come first serve basis. Council Member Christensen seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, No Council Member Christensen, Yes Motion Approved. 3 Yes, 1 No. G. EXECUTIVE SESSION (REGARDING PENDING LITIGATION) MOTION: Council Member Christensen made a motion to close the regular meeting and go to Executive Session to discuss pending litigation. Council Member Cronin seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Yes Council Member Christensen, Yes Motion Approved. 4 Yes, 0 No.

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Regular Meeting Closed at approx.8:12 pm. MOTION: Council Member Cronin made a motion to close the Executive Session and reopen the Regular Meeting. Council Member Christensen seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Yes Council Member Christensen, Yes Motion Approved. 4 Yes, 0 No. Regular Meeting Reopened at approx. 9:10 pm. H. MOTION TO AUTHORIZE FUNDING FOR POTENTIAL LITIGATION MOTION: Council Member Christensen made a motion to fund the pending litigation as discussed in the Executive Session for the maximum amount of $4,000. Council Member Satterthwaite seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Abstained Council Member Christensen, Yes Motion Approved. 3 Yes, 1 Abstained. ITEM 7: MINUTES, CITY COUNCIL & MAYOR REPORTS A. APPROVAL OF MINUTES FOR: 1. AUGUST 22, 2013 REGULAR CITY COUNCIL MEETING MOTION: Council Member Christensen made a motion to approve the minutes for the August 22, 2013 Regular City Council Meeting. Council Member Cronin seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Yes Council Member Christensen, Yes Motion Approved. 4 Yes, 0 No. B. TODD CHRISTENSEN: reported that he talked with Utopia, they are following up with the fiber portal that has been installed. He said two gentlemen will come to the City on September 20th to discuss details about the equipment, pricing and wholesale rates for services. C. MARCI SATTERTHWAITE: Nothing reported. D. KAREN CRONIN: reported that she met with Jim Buchanan (Brigham City EMS Chief) and Van Mund (Perry First Responder Chief) in an effort to keep a good working relationship and get plans that will be mutually beneficial for both cities. She said they suggested that we have the City Engineer start looking for portions of land along 1200 South to place a joint fire station. Council Member Cronin said that Jim Buchanan was very supporting of the First Responders getting their next level certification. Mayor Nelson said that we need to work together because when the grass fire happened by the substation it took 20 minutes for the fire department to respond. Council Member Cronin said they did discuss how to get the automatic aid agreement working better. E. PETER GERLACH: Nothing Reported. F. JANA NELSON: Absent. H. MAYOR NELSON: stated that 3600 South and the bottom of 3450 South really need to be fixed. He said several members of the community have complained about roads in the city and asked that Paul Nelson be informed of this. He reported that progress has been made on moving the training building to the gun range. He said that it has been hard to find a company to move the building, he has found one and will be meeting with the contractor in the next few days. Mayor Nelson said the building will be moved within the next 3 weeks. Council Member Cronin asked if it is the contractor’s job to make sure that the building is within code. Mayor Nelson said yes, we do not have to have the building engineered, because this was completed by the manufacturer and it is the moving

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contractor’s responsibility to engineer the moving and placement of the building. Council Member Cronin stated she thought the seller was to move the building at their cost. Mayor Nelson said it was better for the City if we were able to make 5 interest free payments toward the building and come up with the $6,000 to $7,000 to move the building. He said the seller is still responsible for the towers and is responsible to fix anything that is wrong with the building. I. ITEMS FOR NEXT CITY NEWSLETTER:  Park Fees ITEM 7: ADJOURNMENT (NEXT REGULAR MEETING ON THURSDAY, SEPTEMBER 26, 2013 AT 7:00PM) A. MOTION TO ADJOURN MOTION: Council Member Cronin made a motion to adjourn. Council Member Satterthwaite seconded the motion. ROLL CALL: Council Member Satterthwaite, Yes Council Member Cronin, Yes Council Member Gerlach, Yes Council Member Christensen, Yes Motion Approved. 4 Yes, 0 No. The meeting adjourned at 9:21pm.

Susan Obray, City Recorder

Jerry Nelson, Mayor

Shanna Johnson, Chief Deputy Recorder

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