City Council

1 River Heights City Council 2 Minutes of the Meeting 3 November 25, 2013 4 5 6 Present were: Mayor William Baker 7 Council members: Doug Clausen 8 Kathryn Hadfield 9 Richard Okelberry 10 Dixie Wilson 11 Blake Wright 12 13 Recorder Sheila Lind 14 Public Works Director Clayten Nelson 15 Finance Director Ross Mann 16 17 Excused Recorder Sheila Lind 18 19 Others Present: James Brackner, Geoff Smith, Mary Barrus, Randy 20 Hadfield. 21 22 23 The following motions were made during the meeting: 24 25 Motion #1 Councilmember Wright moved to “adopt the minutes of the November 12, 2013 26 Council meeting with Councilmember Wright’s changes and Recorder Lind’s revisions of 27 paragraph 209-211 after listening to the tape, and the evening’s agenda.” Council member 28 Wilson seconded the motion, which passed with Clausen, Hadfield, Okelberry, Wilson and 29 Wright in favor. No one opposed. 30 31 Motion #2 Councilmember Clausen moved to “pay the bills as listed.” Councilmember 32 Okelberry seconded the motion, which passed with Clausen, Hadfield, Okelberry, Wilson and 33 Wright in favor. No one opposed. 34 35 Motion #3 Councilmember Wright moved to “accept the Stienhoff Settlement Agreement.” 36 Councilmember Clausen seconded the motion, which passed with Clausen, Hadfield, Okelberry, 37 Wilson and Wright in favor. No one opposed. 38 39 Motion #4 Councilmember Clausen moved to “pay the AAA Final Pay Request of $65,868.46 for 40 the work done on the 400 South Water Project.” Councilmember Wright seconded the motion, 41 which passed with Clausen, Hadfield, Okelberry, Wilson and Wright in favor. No one opposed. 42 43 Motion #5 Councilmember Clausen made a motion that: The City maintain and plow the road 44 in the Riverdale area and the definition of maintenance is that we will maintain it in a 45 snowplowable condition and that we authorize Clayten and the Mayor up to $18,000 initially to 46 accomplish this and leave it to their discretion as to what materials they use. Councilmember River Heights City Council Meeting, 11/25/13 1 47 Okelberry seconded the motion which passed with Clausen, Hadfield, Okelberry, and Wright in 48 favor. Councilmember Wilson opposed. 49 50 Proceedings of the Meeting: 51 52 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 53 the River Heights City Building on Monday, November 25, 2013. In the absence of Recorder Lind, 54 Councilmember Hadfield took the minutes. 55 Opening Remarks and Pledge of Allegiance: Councilmember Wilson opened the meeting with 56 comments. Councilmember Clausen led the group in the Pledge of Allegiance. 57 Adoption of Previous Minutes and Agenda: Minutes of the November 12, 2013 Council 58 meeting were reviewed. 59 Councilmember Wright moved to “adopt the minutes of the November 12, 2013 Council 60 meeting with Councilmember Wright’s changes and Recorder Lind revising paragraph 209-211 61 after listening to the tape, and the evening’s agenda.” Council member Wilson seconded the 62 motion, which passed with Clausen, Hadfield, Okelberry, Wilson and Wright in favor. No one 63 opposed. 64 Pay Bills: The bills were presented and discussed. 65 Councilmember Clausen moved to “pay the bills as listed.” Councilmember Okelberry 66 seconded the motion, which passed with Clausen, Hadfield, Okelberry, Wilson and Wright in 67 favor. No one opposed. 68 Finance Director Report: Finance Director Ross Mann – Discussed bank ratings and other 69 banking possibilities such as credit unions in preparation for moving money from present accounts. 70 Treasurer Mann will check out other banks. The Mayor advised against USU Credit Union. Treasurer 71 Mann will come up with 3 recommendations and bring them to the council in the future. Audit – 72 Treasurer Mann will check on questions with auditor. He will send the required audit report into the 73 State by Dec. 30, 2013. 74 Purchase Requisition Requests: There were none. 75 Public Works Report and Discussion: Clayten Nelson reported on the following: 76  They are painting the basement. It looks good. If council approves of paint color they could 77 use it upstairs also while they are at it. Council gave advice and consent to paint the council 78 room the same color – Light Cocoa. 79  The orange truck is back from repairs. The invoice hasn’t been received yet. It is ready for 80 snow. 81  Clayten called Nucor and got prices on the slag for the 800 S. trail project. He also talked to 82 Dan Hogan about hauling the slag for the city down to Riverdale to use as road base. 83 Administrative Report: In the absence of Recorder Lind, the Council decided whether they 84 wanted to have the swearing-in of newly elected officers on January 7th or 14th. They agreed to hold it 85 on January 14th. 86 Public Comment: Mary Barrus presented Councilmember Wright with a petition signed by all 87 the residents and land owners in the Riverdale area except Raimers, who are out of town but have 88 agreed to sign and had a form sent to them, and Mike Jablonski and Cindy Johnson. Mary had 89 accidently left the latter signatures home. The Raimers will email their form to Anna Lisa Davidson 90 who will bring it to the City Office. 91 Mary publicly thanked Evelyn Ellis for the beautiful Christmas Lights on a tree in Evelyn’s 92 yard and Clayten for filling holes in the road in Riverdale. River Heights City Council Meeting, 11/25/13 2  93 Discuss Stienhoff Settlement Agreement: Mayor Baker explained part of Stienhoff’s 94 complaints was caused by a couple of things that were done by a previous councilman without the 95 approval of the council, that should have been discussed but weren’t, but that is in the past. The soda 96 machine lights have been turned off and have been off for a while. One of the concerns brought by 97 Stienhoff was caused by incorrect wiring which will be fixed. Steinhoff wants lights off at 11p.m. but 98 the council has already addressed the ability the City has to leave the lights on as a safety precaution. 99 Mayor Baker and Clayten will replace lights that Steinhoff has issues with by using downdraft lights as 100 requested. With the help of Judge Low the City came out well but should have been more careful as 101 things were done to make sure they were done well. The Mayor and Clayten recommend the next 102 council add lights for increased security. 103 Clayten explained why the wattage was off on the restroom lights (another issue with 104 Steinhoff). The poles that were donated were taller than they should have been and so wattage was not 105 correct – too bright. The City will fix those lights. The City will pay Judge Low for half of the 106 mediation costs. No more pending court cases. 107 Councilmember Wright moved to “accept the Stienhoff Settlement Agreement.” 108 Councilmember Clausen seconded the motion, which passed with Clausen, Hadfield, Okelberry, 109 Wilson and Wright in favor. No one opposed. 110 Discuss AAA Final Pay Application: Mayor Baker presented the bill and explained changes in 111 the paving that affected the final price. Originally the City was going to pave the entire road after the 112 cuts made during the project but the road needs to be engineered because of drainage problems so the 113 City just had AAA fill land pave the cuts. The City is charging them liquidated damages for penalties 114 for going past the completion date. 115 Councilmember Clausen moved to “pay the AAA Final Pay Request of $65,868.46 for the 116 work done on the 400 South Water Project.” Councilmember Wright seconded the motion, 117 which passed with Clausen, Hadfield, Okelberry, Wilson and Wright in favor. No one opposed. 118 Discuss Lowering Base Water and Sewer Rates for Apartments: Councilmember Clausen was 119 contacted by Tonja Henderson because of the expense of paying the base rate for water for each 120 apartment in a building that she owns across from the City Office. She would like the City to 121 reconsider how apartments are billed so she could have a lower rate. Tonja claims the 4 (or 5?) 122 apartments use less water than her home but because she is paying a base rate for each apartment she is 123 paying more for the apartment water than for her water usage in her home. There is only one meter for 124 the entire apartment. The Mayor pointed out that any changes made in billing apartments would affect 125 all 12 rentals in city. Possibilities were discussed. Clayten stated it costs just as much to repair the 126 lines for each meter whether it is an apartment or a home. 127 Councilmember Clausen asked if Tonja could have each apartment have their own meter. It 128 was pointed out the cost to her to add the meters would be prohibitive. Councilmember Okelberry 129 wants more information and facts about rates. It was pointed out it is difficult to determine rates 130 according to size of home or number of people. Councilmember Clausen recommended going to next 131 item. 132 Councilmember Wilson had done some checking – Logan charges a maintenance fee and then 133 the owner charges renters for overages. The Falls apartment complex is charged by Logan as an 134 organization then someone in the organization collects water fees from the renters. Each renter is 135 billed. Councilmember Wilson was not sure how the maintenance fee compares to our base rate. 136 Mayor Baker felt it is hard to decide how to change charges equitably and it is a slippery slope. River Heights City Council Meeting, 11/25/13 3 137 800 South Trail Discussion: Mayor Baker pointed out that it is too muddy to go in with 138 equipment until March/April. He mentioned work the McKell Eagle project was planning to do. 139 Clayten discussed Nucor slag base advantages for the trail surface. It is less expensive than the 140 crushed asphalt but you do have to go get it. Mayor Baker asked McKell to wait till spring to do the 141 trail. It was discussed what would need to be done. There is 1300 ft. of trail. If slag is used they will 142 dig the path down and fill it with slag so there will be no raised edge or lip. Councilmember Okelberry 143 asked if there will be space for landscaping and was answered by Clayten in the affirmative. Clayten 144 brought up that contractors are more available now and could dump slag on the 4 acres by cemetery 145 this fall so it would be available for the City to use. The Council gave advice and consent for him have 146 some hauled over at cost not to exceed $1500-1800. 147 Discuss Maintenance of Riverdale Road: Mayor Baker stated we agreed last time to fill holes 148 in Riverdale Road. He is concerned that the City has had a bid for pulverizing road base, grading it 149 and putting down recycled asphalt. Councilmember Clausen asked if slag from Nucor would work and 150 if there would be enough. Clayten mentioned crushed asphalt when packed will pothole like regular 151 road base. Slag would not pothole. Clayten has done some work with taking road base down to 152 Riverdale but it was so wet it turned to mud. Councilmember Clausen asked if we did slag could we 153 do it ourselves. Clayten answered the problem is compacting it. We would need to hire someone if we 154 can’t do it well. Also, it was brought up that the old asphalt needs to be dug up and pulverized. 155 Clayten recommended we try some slag. The Mayor mentioned the road needs to be graded. 156 Councilmember Clausen asked how we handle the contractor because we have had the job bid on. 157 Clayten said Nucor had plenty of slag. 158 Councilmember Wilson felt with the new petition and the letter given to council by the Ellis 159 family at the beginning of the council meeting (included in these minutes) she has concerns she thinks 160 we should take care of before maintenance. Councilmember Wright brought up it wouldn’t change the 161 immediate concern of maintenance. 162 Councilmember Wright read the petition presented to the Council by Mary Barrus. (The 163 petition is included in these minutes.) He pointed out that if we have %100 signatures, which we will 164 have, the petition does not have to go to Planning and Zoning. Councilmember Wilson pointed out 165 what the city lawyer recommend we include when the first petition was presented. Councilmember 166 Wright felt that that has to do with the Willow Springs (???)Platt reading and would require a totally 167 different action. We could move forward with the current petition apart from the lawyer’s 168 recommendation. James Brackner asked what was involved and Mary Barrus gave some history of 169 maintenance. Clayten reported he has done some work and snowplowing since the County had done 170 work. 171 Mary asked about the recommendation from the lawyer, reminding all it was just a suggestion. 172 Councilmember Wright asked Mary to clarify if the petition addresses the plat? She replied the plat 173 issue is separate and what they want is the road maintained. Councilmember Wright asked since the 174 petition is or will be signed by all, and a petition does not require the Council do exactly what is asked, 175 how should the city respond? Clayten said we would should keep it in plowable condition. 176 Councilmember Wright asked who owns the road. Mayor pointed out it is a City road because it has 177 been used as a thoroughfare for over 30 years. Councilmember Wilson sees it that after title searching 178 the city does not own the road. 179 Councilmember Wright said he feels the city has an obligation to maintain the road as the 180 people there are taxpayers as others in the City. Councilmember Wilson pointed out the letter from the 181 Ellis’s and concerns it brought up. Mary pointed out that it doesn’t pertain to subject at hand. River Heights City Council Meeting, 11/25/13 4 182 Councilmember Clausen made a motion that: The City maintain and plow the road in 183 the Riverdale area and the definition of maintenance is that we will maintain it in a 184 snowplowable condition and that we authorize Clayten and the Mayor up to $18000 initially to 185 accomplish this and leave it to their discretion as to what materials they use. 186 There was some discussion about materials – Clayten repeated his concern that recylced asphalt 187 is a waste of time. Councilmember Wilson has not heard offers for residents to help pay. Mary 188 expressed it is a city road or in RH boundaries and if it had been maintained it would not be in the 189 shape it is but since it is in city it should be maintained at cost to city. Council reviewed citizen’s 190 trying to stop maintenance. Mary expressed frustration about city expecting residents to pay and how 191 Riverdale came into the city. She stated it is a jewel of a piece of ground and should be protected. It is 192 a place close to downtown. There could be so many nice things down there. There was c discussion 193 between the two on the subject. 194 Councilmember Okelberry seconded the motion which passed with Clausen, Hadfield, 195 Okelberry, and Wright in favor. Councilmember Wilson opposed. 196 The Mayor referenced the letter from the Ellis’s. Councilmember Wright requested Mary bring 197 other needed signatures. Mary agreed. Mary brought the Jablonski/Johnson signatures at the end of the 198 meeting. All are included in these minutes except for the Raimers which will be emailed to Anna Lisa 199 Davidson who will bring them to the City Office. 200 Mayor and Council Reports: Council member Councilmember Wright asked the status of Mr. 201 Nyman and the vacation of the property on 1st East. The Mayor will get the drawing from Forsgren and 202 get it to Mr. Nyman and take down to get the transaction recorded. 203 Councilmember Wright reported on the Cemetery article in the paper. He thought it was well 204 written. He reported PZ is coming up with a master plan for the property with phasing in a cemetery 205 and possibly a park over a number of years. A lot of ideas were offered. They will start in the process 206 by laying things out such as the number of plots that would be needed by a city our size: how much for 207 park, how much for cemetery. Consultant Wood(retired Cemetery sextant from Brigham City) is 208 encouraging building all into park and gradually phasing in a cemetery. Councilmember Wright feels 209 that is not financially feasible. The plan will come back to the Council and they are planning to have a 210 Public Hearing (though one is not required) to get public input. Councilmember Wilson asked what 211 the driving force behind pursuing a cemetery is – Councilmember Wright responded it is the general 212 plan and also pressure from developers. Planning and Zoning will not meet until January because of 213 conflicts. The goal is to have a plan ready by RAPZ tax deadline since cemeteries can qualify for 214 those funds. The main goal however is to get the plan finished well, but if possible get RAPZ funds to 215 start. When it comes to the council, Councilmember Clausen recommended we have an idea of what 216 charges will be for plots. Councilmember Wright stated there are two sources of funds - Cemetery 217 maintenance fund which can only be used when all plots are all sold. Consultant Wood had set up 218 Cemetery improvement fund which helped fund the cemetery she managed. That fund can only be 219 used for cemetery needs but can be borrowed from by other City entities. Investigation into the issue is 220 not over. Other points should be investigated. Rich asked if we should rather subsidize RH residents 221 for Prov. Cemetery than invest in cemetery. Councilmember Clausen said that would be very costly 222 and reminded the council that they had asked Prov. to enter into an agreement but were told a definite 223 no. Discussion of fees took place among the Council. Rich wondered how Prov. decides fee. Prov. 224 residents probably pay into pool and subsidize cemetery for others. 225 Councilmember Wright brought out the following points: River Heights City Council Meeting, 11/25/13 5 226 First – some residents are bothered by the fact that RH residents have to be buried in the Prov. 227 Cemetery in River Heights. 228 Second – cost. Parks don’t pay for themselves, which is one reason he believes we shouldn’t develop 229 the whole property at once. 230 Council Reports: 231 Councilmember Wilson none 232 Councilmember Clausen none 233 Mayor None 234 Councilmember Okelberry none. 235 Councilmember Hadfield – Christmas Tree Lighting, Monday, Dec. 2, 2013. Requested help with hot 236 chocolate at 6:00 pm. and loan of awning in case of rain or snow. The Mayor requested lots of 237 doughnuts!!! Councilmember Hadfield will oblige. 238 Councilmember Clausen made motion to adjourn. 239 The meeting adjourned at 8:17 p.m. 240 241 ______________________________ 242 Councilmember Hadfield, Minute Taker 243 ________________________________ 244 William Baker, Mayor River Heights City Council Meeting, 11/25/13 6