City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, March 31,2020 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m. in the River Heights City Office Building at 520 S 500 E. Opening Remarks(Thatcher) and Pledge of Allegiance (Wright) Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Adoption of An Ordinance Establishing Option for Electronic Meetings for River Heights City Adjourn Posted this 26^ day of March 2020 Sheila Lind, Recorder Attachments for this meeting and prev ious meeting minutes can be found on the Stale's Public Notice Website (pmn.utah.gov). In compliance with the American Disabilities Act, individuals needing special accommodations (including auxiliarj' communicative aids and services) during this meeting should notifs Sheila Lind.(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435)752-2646  River Heights City 1 2 3 Council Meeting 4 5 March 31,2020 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Doug Clausen, attended electronically 10 Sharlie Gallup 11 Chris Milbank 12 Elaine Thatcher, electronic 13 Blake Wright 14 15 Finance Director Cliff Grover, electronic 16 17 Excused: Recorder Sheila Lind 18 Public Works Director Clayten Nelson 19 Treasurer Wendy Wilker 20 21 Others Present: 22 23 24 The following motions were made during the meeting: 25 26 Motion#! 27 Councilmember Thatcher moved to "adopt the minutes of the council meeting of March 3, 28 2020 and the evening's agenda." Councilmember Milbank seconded the motion, which passed with 29 Clausen, Gallup, Milbank, Thatcher, and Wright in favor. No one opposed. 30 31 Motion #2 32 Councilmember Thatcher moved to adopt Ordinance 2-2020, An Ordinance Establishing Option for 33 Electronic Meetings for River Heights City, with the changes discussed, and after approval from the 34 city attorney." Councilmember Wright seconded it, which passed with Clausen, Gallup, Milbank, 35 Thatcher and Wright in fayor. None opposed. 36 37 38 Proceedings ofthe Meeting: 39 40 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 41 the River Heights City Building on Tuesday, March 31,2020 for their regular council meeting. In the 42 absence of Recorder Lind, Councilmember Wright took minutes. 43 Opening Remarks and Pledge of Allegiance: Councilmember Thatcher opened the meeting 44 with a thought. 45 Adoption ofPrevious Minutes and Agenda: Minutes for the March 3,2020 meeting were 46 reviewed. IVl¥OP IIolghtD City» Pitooting, i 520 South 500 East River Heights, Utah 84321 Phone & Fax (435)752-2646 47 Councilmember Thatcher moved to "adopt the minutes of the council meeting of March 48 3,2020 and the evening's agenda." Councilmember Milbank seconded the motion, which passed 49 with Clausen, Gallup, Milbank,Thatcher, and Wright in favor. No one opposed. 50 51 Reports and Approval ofPayments(Mavor. CounciL Staff): 52 Public Works Director Nelson was absent. 53 54 Finance Director Grover 55 ♦ He will email monthly financial reports. 56 • There's been a drop in sales tax revenue due to a drop in the economy(by as much as half). 57 Other taxes should be about the same as usual. 58 • Mayor Rasmussen is thinking about deferring utility payments for those who lose theirjobs. 59 Councilmember Clausen has already postponed utility shut offs. Councilmember Thatcher and 60 Clausen agreed this should apply to those who lose their job as opposed to late-payers. They 61 wondered if it should be considered on a case by case basis. They will discuss this in more 62 detail at the next meeting,to be held April 21. 63 64 Treasurer Wilker was absent. 65 66 Councilmember Thatcher 67 • The 400 South road improvement project was approved at a total of $494,129.13. LeGrand 68 Johnson Construction got the bid. They are not sure ofthe construction start date. She will 69 follow up with Engineer Rasmussen and PWD Nelson. She was advised to contact Mr. 70 Rasmussen often. 71 72 Councilmember Milbank 73 • He has talked with a contractor about a shade structure in the Saddlerock Park. 74 • He wondered if they should postpone park improvements based on the current economic 75 concerns. 76 • David Thunell has provided a sample Tree City ordinance, which he will get a copy ofto the 77 Planning Commission so they can get going on it. 78 • Mayor Rasmussen has met with all the homeowners along the proposed trail that will follow 79 Pro-Log Irrigation channel above Stewart Nature Park. About 80% ofthem are leaning 80 towards approving it. He suggested they all meet together to discuss it, after the current 81 condition subsides. 82 83 Councilmember Clausen 84 • He asked the status of the Old Church. Mayor Rasmussen reported he had met with Michael 85 Ballam and Gary Griffin. They are suppose to get the keys to the mayor. He is working with 86 Tony Johnson, who seems willing to work with the city. 87 • Mr. Clausen asked the status ofthe Old School. Mayor Rasmussen said there has been no 88 movement. Councilmember Milbank asked ifthe audiologist could stay in the building for a 89 while. Mr. Clausen said they would need to check on liability to the city. Mayor Rasmussen 90 said the school superintendent told him the audiologist would be out by June (although the 91 audiologist didn't know that yet). River Heights City Council Meeting,3/31/20 92 • He asked if the plow and sander could be removed from the Dodge so it could be used this 93 summer and the newer truck (Chevy) could be parked. 94 95 Councilmember Gallup 96 • She asked Councilmember Milbank how tall the Saddlerock Park shade structure would be 97 because she is concerned about kids climbing it and for their safety. He responded that it 98 would be a safe height. 99 100 Councilmember Wright 101 • He has received a proposal from Mike Kelly to update a landscape plan for the proposed park 102 by the cemetery. He forwarded it to Councilmember Milbank. The proposed amount was 103 $2,500. Mr. Wright suggested going ahead with the update but then holding off on other park 104 progress until the current COVID-19 situation and the economy has subsided. 105 106 Recorder Lind was absent. 107 108 Mayor Rasmussen didn't have anything. 109 no Public Comment: There was none. 111 Adoption of An Ordinance Establishing Option for Electronic Meetings for River Heights Citv: 112 Mike Jablonski's written comments were reviewed. Mayor Rasmussen explained the governor's 113 directive and the reasons for the proposed ordinance. He clarified that the new ordinance would 114 replace section 1-5-6 of the current city code. Councilmember Wright pointed out that the ordinance 115 should apply to the Planning Commission as well as the Council. The mayor stated the ordinance draft 116 came from Attorney Jenkins, but he desired to modify it slightly. He wanted to run the modifications 117 past the attorney for his approval. Councilmember Wright suggested paragraph E (last paragraph) 118 should include that the council would be able to vote in the meeting. He also suggested adding F from 119 the current code, to the end of the new E. 120 Councilmember Thatcher moved to adopt Ordinance 2-2020, An Ordinance Establishing 121 Option for Electronic Meetings for River Heights City, with the changes discussed, and after 122 approval from the city attorney." Councilmember Wright seconded it, which passed with 123 Clausen, Gallup, Milbank, Thatcher and Wright in favor. None opposed. 124 The meeting adjourned at 8:10 p.m. 125 126 127 128 ^ ^^ ^ J Blake Wright, Councilmember and Minute Taker 129 13K, Todd A. Rasmussen, Mayor 131 River Heights City Council Meeting, 3/31/20  River Heights City Bills To Be Paid 3/17/2020 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff, Roads Water Sewer Total 1 10-39 Online 1 Year Web Hosting and some Design $395.00 $395.00 2 Bear River Health Department Water Coliform Testing $40.00 $40.00 3 Cache Valley Publishing Meeting Ads $18.77 $18.77 $37.54 4 Caselle Monthly Support $91.69 $91.66 $91.65 $275.00 5 Forsgren Associates, Inc. 400 South, General, Lower Well- $105.00 $2,345.00 $245.00 $2,695.00 6 Freedom Mailing Bill Processing $142.71 $47.57 $47.57 $237.85 7 Rocky Mountain Power Electricity $87.93 $57.36 $25.57 $902.37 $1,607.92 $24.28 $2,705.43 8 Semi Service Inc. Salt Spreader Repair $306.02 ,$306.02 9 Thomas Petroleum Fuel Charges $63.00 $63.01 $63.01 $63.02 $252.04 10 Verizon Wireless Monthly Cell Phones $55.81 $55.81 $55.82 '$167.44 11 Xerox Copier Monthly Use $32.00 $32.00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 SubTotals $928.91 $18.77 $120.36 $25.57 $3,616.40 $2,150.97 $282.34 $7,143.32 Page 1 Total Amount to b $7,143.32  ORDINANCE NO.2-2020 ELECTRONIC MEETINGS: AN ORDINANCE ESTABLISHING OPTION FOR ELECTRONIC MEETINGS FOR RIVER HEIGHTS CITY Whereas,the Utah State Legislature has passed legislation providing for public meetings to be held by telephonic conference device and/or electronic means; and, Whereas,the City Council ofRiver Heights desires to provide the option to conduct certain meetings by telephonic conference device and/or electronic means; and, Whereas,a public meeting ofthe City Council convened and conducted by means of telephonic conference device and/or electronic means can be conducted in compliance with the Utah Open and Public Meetings Act; Therefore, be it ordained, by the City Council ofthe City of River Heights that: Chapter 1-5-6 be replaced in the River Heights municipal code as follows: Electronic Meetings A. Definitions: The following terms are defined as follows for the purpose ofthis section: ANCHOR LOCATION: The Council Chambers located in the City offices at 520 S 500 E River Heights, Utah, or other approved location, where interested persons and the public may attend and monitor the open portions of the meeting. ELECTRONIC MEETING: A public meeting of the City Council convened and conducted by means of a telephonic conference device or other electronic means, allowing each member ofthe City Council to be in contact with the anchor location and participate concurrently with all other members ofthe City Council in the conduct of such meeting. MEETING ADMINISTRATOR: The City Recorder or another employee ofthe City specifically assigned and designated to operate the electronic meeting equipment at the anchor location to assure that all members of the City Council are continuously able to participate in the electronic ,, meeting and to advise the party conducting the meeting ofthe initiation, recess;if appropriate, or adjournment of an electronic meeting. B. Notice Of Electronic Meetings: The City Council may convene electronic meetings when necessary pursuant to specific public notice of an electronic meeting by posting written notice of the electronic meeting at the anchor location and providing written or electronic notice to the media as otherwise provided by law. Notice of the electronic meeting shall also be provided to each member ofthe City Council at least twenty-four (24) hours before the meeting, including a description of how members will be coimected to the electronic meeting. The notice to members ofthe City Council shall indicate the process, including telephone numbers, access codes, internet addresses, etc., in order to connect to the electronic meeting. C. Quorum Verification: Before an electronic meeting may be called to order, all members of the City Council shall be given an opportunity to participate in the meeting and no electronic meeting shall be convened unless the quorum ofthe City Council is able to participate either in person or electronically in the meeting. D.Public Attendance: Each electronic meeting shall be convened by the Meeting Administrator by announcing the parties present at the meeting and by making available to members ofthe public at the anchor location an amplified speaker enabling members of the public to hear the comments of City Council members and participate, if appropriate. E. Conduct Of Meeting: Upon determining that a sufficient number ofthe City Council is present for the electronic meeting to be convened and members of the public can adequately hear the comments of all members ofthe City Council and participate, if appropriate, the Mayor or Mayor Pro Tem shall formally convene the meeting and take or cause a roll call of those participating. The Mayor or Mayor Pro Tem shall provide opportunity for each matter on the agenda to be presented^ discussedin an order set forth in Ihe agenda, as,amended. F. Compliance With Law: In all other respects, electronic meetings shall be conducted and recorded, and minutes shall be kept, as required by law. Adopted this day of March 2020, by the River Heights City Council. Todd A Rasmussen, Mayor Attest:. Sheila Lind, Recorder 1-5-6 ELECTRONIC MEETING; PROCEDURE A. Prior to or at the beginning of an electronic meeting, the mayor shall verify that proper . notice of the meeting was given pursuant to Utah Code Annotated, unless closed under said State Code. B. Prior to or at the beginning of the electronic meeting or portion of the electronic meeting in which nonpresent members will be participating, the Mayor shall confirm that the nonpresent members are connected via electronic means (i.e.: telephonic or telecommunications conference). C. The electronic connection shall be such that all members, both present and nonpresent, may hear the proceedings of the meeting, or portion of the meeting, in which they are participating. D. If voting is required, the Mayor shall require a roll call vote, so that the nonpresent members' votes may be counted. E. The Mayor shall require all participants in the electronic meeting to verbalize their statements and responses, so that the nonpresent members may hear them. F. The Mayor shall require that all visual aids and written materials not available to the nonpresent members be verbally described.(1-2015, 6-23-15)  blakewright@riverheights.org Ifom: Michael Jablonski <michael@natrescon.com> ,^-!ent: Tuesday, March 31, 2020 5:28 PM To: Todd Rasmussen; Sheila Lind; blakewright@riverheights.org; chrismilbank@riverheights.org; douglciausen@riverheights.org; elainethatcher@riverheights.org; sharlegallup@riverheights.org Subject: comments for public hearing, March 31, 2020 Dear Mayor and Council, I have reviewed Ordinance No. 2-2020 Electronic Meetings as posted on the City's web site. Please accept this email as my public comments on the proposed ordinance. At present, my wife Cindy and 1, like many others in our community, are simply staying home out of an abundance of caution. I realize, however, that you set a cutoff for written comments at noon today. I did not learn about the public hearing until 4:00 P.M. today. Please consider extending that cutoff time, until 6:30 P.M., when your meeting starts, so that my comments can be officially accepted. Given the severity of the covld-19 virus, I fully understand the need for such an ordinance. This ordinance, however, should explicitly state that electronic meetings are held only under extreme circumstances, like the covld-19 crisis, and that future meetings will be held, once again. In person, after the crisis or other need for electronic meetings have passed. ^\s I understand the proposed ordinance, the public may attend the meeting at the City office building. That's good. But it should also allow the public to.attend the meeting via electronic means as well. Many, but not all, have an Internet connection, with tools, to attend meeting remotely. I realize, however, that having the public also connected, in the privacy of their homes, to the meetings, via technology, would be difficult for the City to setup and manage. As one experienced with electronic meetings, I know how easy, and how difficult, they can be to setup and manage. It's easy for many, and equally difficult for others. In my judgement and experience, face to face meetings are always the better choice. The problem, as you know, is that not all members of the public can be expected, or required, to have hardware and software, with an Internet connection, making it essential that the City provide the means to attend the meeting at an "Anchor Location." This Is a difficult problem, so I support the ordinance, but with concerns and reservations. Could one of you please acknowledge receipt of these public comments, and if the Council will accept them after your noon deadline. Thank you! Michael Jablonski 125 East 500 South River Heights, Utah r