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PERRY CITY COUNCIL MEETING

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PERRY CITY COUNCIL MEETING Powered By Docstoc
					PERRY CITY COUNCIL MEETING
PERRY CITY OFFICES
NOVEMBER 5, 2009                                                                     7:00 PM

OFFICIALS PRESENT:             Mayor Jerry Nelson presided and conducted the meeting.
                               Tom Peterson, Boyd Malan, Todd Christensen, Bill Walker (arrived at
                               7:03 p.m.), and Marci Satterthwaite

CITY STAFF PRESENT:            Duncan Murray, City Administrator
                               Susan Obray, City Recorder
                               Paul Nelson, Public Works Director


OTHERS PRESENT: Bruce Howard, Debbie Nelson, Lani Braithwaite, D. L. Bunderson, Terry
Peterson. Shirlene Peck, Tyson Knudsen (Sunrise Engineering)

ITEM 1: CALL TO ORDER
Mayor Nelson called the meeting to order.
A. INVOCATION
Councilman Malan offered the Invocation.

B. PLEDGE OF ALLEGIANCE
Mayor Nelson led the audience in the Pledge of Allegiance.

ITEM 2: NEW BUSINESS LICENSES, MINUTES, PROCEDURAL ISSUES, AND
APPOINTMENTS
A. CONFLICT OF INTEREST DECLARATION
No conflicts of interest.

B. APPROVAL OF MINUTES FOR:
October 22, 2009 REGULAR CITY COUNCIL MEETING

MOTION: Councilman Peterson moved to approve the minutes for the regular city council meeting held
on October 22, 2009. Councilman Malan seconded the motion.
ROLL CALL: Councilman Peterson, Yes                 Councilman Malan, Yes
                Councilman Christensen,Yes          Councilman Satterthwaite, Yes
                Motion Approved. 4 Yes, 0 No.

C. NEW BUSINESS LICENSES
    Shep’s Good Dog Vending: Mayor Nelson said Jerry Shepard has submitted a business license
     application for a vending machine business. He explained Mr. Shepard will be placing a vending
     machine in the city building.




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       Sun Catchers Inc.: Mayor Nelson explained a business license application has been submitted a
        new tanning salon. Duncan Murray advised this will be located in the new Barto building by the
        hair salon.

MOTION: Councilman Peterson moved to approve the two business licenses for Shep’s Good Dog
Vending and Sun Catchers Inc. Councilman Walker seconded the motion.
ROLL CALL: Councilman Peterson, Yes                 Councilman Malan, Yes
              Councilman Christensen,Yes            Councilman Walker, Yes
              Councilman Satterthwaite, Yes
              Motion Approved. 5 Yes, 0 No.


D. APPROVAL OF THE “FIFTH MEMBER OF THE PERRY/WILLARD WASTEWATER
     TREATMENT PLANT BOARD & PLANNING COMMISSION
Mayor Nelson said Willard City’s Mayor Tingey contacted him and requested this fifth individual be
associated with both cities and recommended Planning Commissioner Steve Pettingill because he is
associated with Perry and the residents in Willard, especially those in South Willard which will be helpful
if they were to ever connect into the system. Mayor Nelson said he supports this recommendation.
Mayor Nelson asked current Wastewater Treatment Plant Board Member Bruce Howard what his
thoughts were on having Steve Pettingill join the board. Mr. Howard said this would be fine with him.
Mayor Nelson opened this to the council for comment. Councilman Peterson questioned if having Mr.
Pettingill on the Planning Commission as well as on the Wastewater Treatment Plant Board would be a
conflict of interest. Mayor Nelson said he asked Willard Mayor Ryan Tingey this and he thought that
having this individual tied to both the Planning Commission and this board would be a good thing.
Duncan Murray advised that he does not see a conflict; the only concern he has is if Mr. Pettingill would
have enough time to serve in both capacities. Councilman Peterson questioned if having a third Perry
resident on the board or is it better to have someone not associated with either cities. Councilman
Christensen said Perry is 66% owner of the plant. Mayor Nelson advised the plant costs will be shared.
Councilman Malan stated he thought Mr. Pettingill would do an excellent job, but he would like someone
not associated with either community if possible. Tyson Knudsen from Sunrise Engineering advised
although Perry and Willard will share this plant the future operators of the plant will be on Perry City’s
payroll and it may be a good thing to have this fifth member from Perry. Councilman Peterson said he
believes it will be to our advantage to have three members from Perry but he wanted to make sure that it
was the right thing to do. Councilman Malan questioned if this position was advertised. Mayor Nelson
explained it was advertised and interviews were conducted. Mayor Nelson said after speaking to the
people both he and Willard City’s Mayor Tingey both felt they were more suited for plant operation and
not the board.

MOTION: Councilman Peterson moved to approve the appointment of Steve Pettingill as the fifth
member of the Wastewater Treatment Board. Councilman Christensen seconded the motion.
ROLL CALL: Councilman Peterson, Yes                Councilman Malan, Yes
              Councilman Christensen,Yes           Councilman Walker, Yes
              Councilman Satterthwaite, Yes
              Motion Approved. 5 Yes, 0 No.

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Mayor Nelson explained Kelly Reese who recently ran for city council but did not make it through the
primaries, has submitted an application and expressed interest in joining the Planning Commission. He
explained we are short handed in our Planning Commission and will be one more down because Karen
Cronin will soon be joining the City Council. Councilman Peterson said Kelly Reese was at the last
meeting; she is well qualified with a Bachelor’s degree in Environmental Science and works at ATK.
Mayor Nelson said he would like to move Harlan Brewer into a full Planning Commission member and
appoint Kelly Reese to an alternate Planning Commission position.

MOTION: Councilman Malan moved to approve the recommendation of appointing Kelly Reese as an
alternate Planning Commission member and moving Harlan Brewer to a full member of the Planning
Commission. Councilman Peterson seconded the motion.
ROLL CALL: Councilman Peterson, Yes                Councilman Malan, Yes
                 Councilman Christensen,Yes        Councilman Walker, Yes
                 Councilman Satterthwaite, Yes
                 Motion Approved. 5 Yes, 0 No.

E. PASS OUT WARRANTS TO COUNCIL MEMBERS (AND POSSIBLE DISCUSSION)
No discussion at this time.

ITEM 3: PUBLIC HEARING(S) AND PUBLIC COMMENTS
A. PUBLIC HEARING REGARDING ORDINANCE 09-W REGARDING DISCHARGE OF
     WEAPONS WITHIN CITY LIMITS
Mayor Nelson explained he reviewed Ordinance 09-W and what we are trying to do is clearly define
where firearms can be used within the city limits. We have many people who hunt and people who have
concealed weapons permits. We need to have clearly defined locations for people to safely discharge
weapons. The boundaries would be 600 feet from canal, areas to the south of the city, and west of the
railroad tracks. Councilman Peterson questioned if shooting would still be allowed in Perry Canyon as
long as it is 600 feet from the canal road. Mayor Nelsons said yes. Councilman Christensen questioned
the requirement from UDOT on using firearms near the freeway. Mayor Nelson said they cannot be
endangering anyone of the freeway so they cannot shoot toward the freeway. Councilman Peterson
advised the sewer lagoons would be an appropriate area. Councilman Malan questioned if the area
between the freeway and the railroad is allowed. Mayor Nelson advised only for bird hunting.
Councilman Malan said he does not feel that 600 feet from canal may not be far enough away because
there are some subdivisions close to the canal. Mayor Nelson advised this may need to be changed to 600
feet from homes. Councilman Malan said if we provide a shooting range then there should not be any
reason for shooting elsewhere in the canyon. Mayor Nelson said shooting would still occur elsewhere
during hunting. Councilman Christensen questioned if paintball was addressed in the ordinance. Mayor
Nelson advised it was.

MOTION: Counciman Christensen moved to open the public hearing regarding Ordinance 09-W
Regarding Discharge of Weapons Within City Limits. Councilman Walker seconded the motion.
ROLL CALL: Councilman Peterson, Yes                 Councilman Malan, Yes
               Councilman Christensen, Yes          Councilman Walker, Yes

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               Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

Lani Braithwaite – Mrs. Braithwaite expressed concern with the area between the freeway and the
railroad stating if you can not shoot toward the freeway then you are shooting toward homes and with the
increased traffic on 1200 West, a lot of people using the frontage road to walk and they could get shot at.
She suggested the city make the shooting toward the freeway unless in an approved shooting range.

Bruce Howard – Mr. Howard said there are pluses and minuses with this ordinance. He said it would be
nice to have bb’s from duck hunting landing on his home, but there is people who depend on orchards for
their lively hood and State and Federal sanctions that allow them to shoot animals that are a threat to their
orchards and we need to keep their rights in mind. He suggested adding crossbows to the ordinance.

Dean Bunderson – Mr. Bunderson questioned how far east does the canal road go.

Paul Nelson – Mr. Nelson advised that during hunting season this ordinance is not needed. There is a
proclamation that is required to be followed and hunters cannot be fired within 600 feet of a residence,
building or public right away. He said he has people ask constantly to hunt on his property and he feels
the hunting proclamation addresses safety. He said when it is not hunting season he does not support
people shooting for target practice.

Councilman Malan suggested checking on regulations on shooting in or near the bird refuge.

MOTION: Councilman Christensen moved to close the public hearing and return to the public meeting.
Councilman Satterthwaite seconded the motion.
ROLL CALL: Councilman Peterson, Yes               Councilman Malan, Yes
              Councilman Christensen, Yes         Councilman Walker, Yes
              Councilman Satterthwaite, Yes
       Motion Approved. 5 Yes, 0 No.

MOTION: Councilman Peterson moved to table discussion of Ordinance 09-W until they can see an
updated version of the document. Councilman Christensen seconded the motion.
ROLL CALL: Councilman Peterson, Yes                  Councilman Malan, Yes
                Councilman Christensen, Yes          Councilman Walker, Yes
                Councilman Satterthwaite, Yes
       Motion Approved. 5 Yes, 0 No.

B. PUBLIC COMMENTS

Bruce Howard – Suggested bringing on a part-time Wastewater Treatment Plant operator at this time so
they can become familiar with the system. He also suggested buying the truck and trailer that will be
used at the plant. Councilman Walker advised that the price of the vehicle would not change for another
year and a half.




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ITEM 4: PRESENTATIONS, AWARDS, FINANCIAL APPLICATIONS
A. REPORTS AND/OR CHANGE ORDER(S) REGARDING WASTEWATER TREATMENT
   PLANT

Tyson Knudsen advised the change order is for upgrades for the building.

MOTION: Councilman Walker moved to table the entire change order until further information can be
obtained. Councilman Satterthwaite seconded the motion.
Councilman Christensen questioned if grounding for the steel roof is included in the current change order.
Councilman Walker advised it is.
Councilman Malan questioned the labor on the lighting package, stating our staff can install the lights
cheaper.
Councilman Walker advised can get cultured marble in the window seals of the building for $300.00 not
$500.00.
ROLL CALL: Councilman Peterson, Yes                    Councilman Malan, No
               Councilman Christensen, Yes             Councilman Walker, Yes
               Councilman Satterthwaite, Yes
        Motion Approved. 4 Yes, 1 No.


Mayor Nelson asked the Sewer Board how time sensitive the change order is. Tyson Knudsen advised
the items are extremely time sensitive, the project is on hold until the roof is dried in. Bruce Howard
requested the council to at least approve the change on the roof to upgrade to steel at this time so the
project can move forward. Councilman Malan questioned if Willard City has approved the change order.
Tyson said yes. Councilman Malan questioned the warranty on the metal roof. Tyson advised 25 year
structural and finish warranty. Councilman Malan questioned why we are changing to metal if the asphalt
shingle has a 30-year warranty. Tyson said the asphalt shingle is only under full warranty for 5-years,
after that there is a limited warranty. Councilman Malan said he felt it was unnecessary. Mayor Nelson
questioned where Willard City has approved this, what will happen if we do not approve. Tyson advised
Willard City has requested that the changes be made regardless if Perry City approves to share the
expense; they will pay for the entire change. Councilman Satterthwaite questioned why the sewer board
supports the change. Bruce Howard said a metal roof is low maintenance and long lasting. Mayor Nelson
questioned what the roof would cost if we need to replace in 10-years. Tyson advised in today dollars it
would cost $6000.00. Councilman Walker stated he is not fighting the roof but the price. Tyson said if
the metal roof is approved, then the sheeting can go down and we can work on getting different bids.

MOTION: Councilman Malan moved to reconsider the tabling of contract change order #8. Councilman
Peterson seconded the motion.
ROLL CALL: Councilman Peterson, Yes               Councilman Malan, Yes
               Councilman Christensen, Yes        Councilman Walker, Yes
               Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

MOTION: Councilman Malan moved to deny contract change order #8. Councilman Christensen
seconded the motion.

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ROLL CALL: Councilman Peterson, No                        Councilman Malan, Yes
            Councilman Christensen, Yes                   Councilman Walker, No
            Councilman Satterthwaite, No
     Motion Declined. 2 Yes, 3 No.

Councilman Christensen said this should have been part of the design in the beginning. It is troublesome
that the engineering of the roof was not designed correctly originally. He questioned how many more
change orders of this nature will come in the future.

MOTION: Councilman Peterson moved to approve a portion of change order #8, that portion being to
upgrade to a metal roof with the expectation that bids will be obtained and presented to the council in the
hopes of getting a lower price. Councilman Satterthwaite seconded the motion.
ROLL CALL: Councilman Peterson, Yes                       Councilman Malan, No
                Councilman Christensen, Yes               Councilman Walker, Yes
                Councilman Satterthwaite, Yes
        Motion Approved. 4 Yes, 1 No.

B. FINANCIAL APPLICATION BY SHIRLENE PECK TO ADJUST ENGINEERING AND/OR
   OTHER DEVELOPMENT FEES FOR MULTIPLE SUBDIVISIONS

Councilman Walker questioned if Lorin Gardner and Codey Illum has seen the information provided by
Mrs. Peck. Duncan Murray advised that the staff discussed this and that the recommendation is to reduce
the Rountree subdivision fees by $675.76 because it could be considered a 3-lot subdivision. He said the
seconded credit recommended by staff would be on Canyon Gate subdivision for escrow review and road
alignment work done on 1500 South, bringing the total recommended credit to $1,192.26.

MOTION: Councilman Walker moved to approve to the recommendation of staff to credit $1,192.26 to
Shirlene Peck’s subdivision bills. Councilman Malan seconded the motion.
ROLL CALL: Councilman Peterson, Yes                    Councilman Malan, Yes
                Councilman Christensen, Yes            Councilman Walker, Yes
                Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

ITEM 5:LAND USE ISSUES
A. REVIEW OF TEMPORARY BUSINESS LOCATION FOR CANYON GATE AND OTHER
     BUSINESSES
Shirlene Peck provided a letter from Cache Valley Bank showing they are in the process to get funding
for their new building. She explained she has been waiting on the Community Development Area
(CDA). Duncan Murray advised the CDA public hearing would take place on December 10, 2009.
Duncan said the Planning Commission would need to review the site plan. Shirlene said she could
provide that to the Planning Commission. Councilman Peterson advised the letter states the bank would
render a decision in the next 30 days.
MOTION: Councilman Peterson moved to table the temporary business location review of Canyon Gate
until December 10, 2009. Councilman Christensen seconded the motion.
ROLL CALL: Councilman Peterson, Yes                     Councilman Malan, Yes
                 Councilman Christensen, Yes            Councilman Walker, Yes
                 Councilman Satterthwaite, Yes

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        Motion Approved. 5 Yes, 0 No.

B. COMMENTS REGARDING OCTOBER 1st or OCTOBER 15th PLANNING COMMISSION
     MEETINGS
Councilman Peterson said that Les Bracken would like to put a chemical distribution on the highway,
stating it would house non-explosive chemicals. Councilman Peterson explained the Planning
Commission is looking at this as a wholesale business, but he feels it is a warehouse and does not feel that
this is the type of business we want on our highway. Duncan Murray advised Les Bracken recently
withdrew his application. Councilman Peterson said there is still not a representative at the council
meeting and would like to see someone here as they get more members.

C. NOTICE OF PUBLIC HEARING ON THURSDAY, NOVEMBER 19th at 7:10 PM
   REGARDING APPROVAL OF PROPOSED DECEMBER, 2009 PERRY MUNICIPAL CODE
   (OF ORDINANCES AND RESOLUTIONS)
Mayor Nelson announced the public hearing to be held on November 19, 2009.

ITEM 6: PUBLIC UTILITIES, STREETS, AND MUNICIPAL SERVICE ISSUES
A. SELECT CONTRACTOR FOR THE 2000 SOUTH STREET PROJECT
Councilman Walker advised the total cost for the project is $131,000.00, which is the low bid. He
explained the cities cost would be $118,000.00. He reported one person pulled out and so the project will
stop at the Sumko property. Paul Nelson advised this would pulverize the asphalt in place, add some
additional road base and then overlay with 3 inches asphalt. Councilman Walker advised we will pay for
Phase 1, 2 and a portion of 3 in this years budget and the remainder will be paid out of next years budget.
Paul Nelson advised we have $47,000.00 to dedicate from this years budget.

MOTION: Councilman Walker moved to award the contract to Ron Foster to complete work on 2000
South to be paid over two budget years (FY2009 & FY2010). Councilman Satterthwaite seconded the
motion.
ROLL CALL: Councilman Peterson, Yes                  Councilman Malan, Yes
                Councilman Christensen, Yes          Councilman Walker, Yes
                Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

ITEM 7: FINANCIAL AND TECHNOLOGY ISSUES

A. APPROVAL OF WARRANTS

MOTION: Councilman Christensen moved to approve the Warrants. Councilman Peterson seconded
the motion.
ROLL CALL: Councilman Peterson, Yes              Councilman Malan, Yes
               Councilman Christensen, Yes       Councilman Walker, Yes
               Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

ITEM 8: PERSONNEL ISSUES
A. REPORT ON APPLICATION PROCESS FOR CHIEF OF POLICE POSITION
Mayor Nelson advised we have had many applicants even some from New Mexico and Florida. Mayor
Nelson questioned the closing date for the position. Duncan Murray advised it closed on Wednesday.
Tom Peterson questioned when interviews would be taking place. Interim Chief Mike Jones advised the
interviews are scheduled to take place on November 16, 2009. Councilman Malan questioned how


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interviews would be handled for out of state applicants. Duncan Murray advised by speakerphone and
requested a motion to approve us to move forward with interviews and approving the interview board.

MOTION: Councilman Malan moved to approve application process for the chief of police with the
addition of an outside chief to be on the interview board. Councilman Peterson seconded the motion.
ROLL CALL: Councilman Peterson, Yes                       Councilman Malan, Yes
                Councilman Christensen, Yes               Councilman Walker, Yes
                Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.


ITEM 9: PUBLIC SAFETY ISSUES
A. ORDININANCE 09-W CODIFICATION AND AMENDMENT OF EXISTING ORDINANCE
   FOR DISCHARGE OF WEAPONS WITHIN CITY LIMITS
Tabled until next meeting.

B. APPROVAL OF BY-LAWS FOR THE FIRST RESPONDERS
Duncan Murray advised the First Responders approved this back in March and then Duncan
recommended changes and they approved those changes last night. Duncan did advise the resolution
chapter number should 98-04 not 98-03. The only change they made to the by-laws was that new
members will not require council approval but will require a full background check. Councilman Malan
questioned if the contract the members sign needed to be listed in the by-laws. Duncan Murray advised
that should be added. Councilman Malan also requested that they by-laws state that the training director
will be required to verify certifications are kept current. Councilman Malan pointed out a few other typos
to be corrected. Councilman Walker requested the by-laws be changed to require purchases be approved
by the council, EMS Chief, or Chief of police.

MOTION: Councilman Christensen moved to table the First Responder by-laws until corrections can be
made. Councilman Malan seconded the motion.
ROLL CALL: Councilman Peterson, Yes               Councilman Malan, Yes
              Councilman Christensen, Yes         Councilman Walker, Yes
              Councilman Satterthwaite, Yes
       Motion Approved. 5 Yes, 0 No.

ITEM 10: CITY COUNCIL & MAYOR REPORTS
A. BOYD MALAN: None
B. MARCI SATTERTHWAITE: Councilman Satterthwaite advised the Christmas Movie will be on
   December 5th.
C. TODD CHRISTENSEN: Councilman Christensen advised he is working with Thinker Creative and
   he will be sending the content to them. Mayor Nelson questioned if it would be ready by the next
   meeting. Councilman Christensen said he would let him know. He said he would be attending a
   Utopia board meeting next Monday. Councilman Christensen advised he would not be able to attend
   the November 12th meeting.
D. BILL WALKER: None
E. TOM PETERSEN: Councilman Peterson advised he would not be attending the November 12th
   meeting. He questioned if anyone has responded to the request for Centennial committee volunteers.
   Mayor Nelson advised not yet.
F. MAYOR NELSON: Mayor Nelson reported 50.3% of the registered voters came out and voted.
G. ITEMS FOR NEXT NEWSLETTER:
   No items at this time

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H. TRAINING ON DECEMBER 5, 2009 IN BRIGHAM CITY (MORE INFORMATION
   COMING LATER IN NOVEMBER)

ITEM 11: UPCOMING MEETINGS AND ADJOURNMENT (NEXT REGULAR CITY
COUNCIL MEETINGS NOVEMBER 19, 2009 AND A SPECIAL MEETING TO CANVAS THE
VOTES ON NOVEMBER 12, 2009 AT 6:00 P.M.)

Duncan Murray announced there would be some training after the November 12th canvas meeting.

MOTION: Councilman Christensen moved to close the public meeting and move to an executive
session to discuss the character and fitness of an individual. Councilman Peterson seconded the motion.
ROLL CALL: Councilman Peterson, Yes                        Councilman Malan, Yes
                 Councilman Christensen, Yes               Councilman Walker, Yes
                 Councilman Satterthwaite, Yes
        Motion Approved. 5 Yes, 0 No.

The Regular Session closed at approximately 9:20 p.m.

MOTION: Councilman Christensen moved to close executive session and reopen the public meeting.
Councilman Peterson seconded the motion.
ROLL CALL: Councilman Peterson, Yes              Councilman Malan, Yes
              Councilman Christensen, Yes        Councilman Walker, Yes
              Councilman Satterthwaite, Yes
       Motion Approved. 5 Yes, 0 No.

The Regular Session resumed at approximately 9:35 p.m.

A. MOTION TO ADJOURN
MOTION: Councilman Walker moved to adjourn. Councilman Christensen seconded the motion.
ROLL CALL: Councilman Peterson, Yes            Councilman Malan, Yes
           Councilman Christensen, Yes         Councilman Walker, Yes
           Councilman Satterthwaite, Yes
           Motion Approved. 5 Yes, 0 No.

The meeting adjourned at 9:36 p.m.




        Susan Obray, City Recorder                                      Jerry Nelson, Mayor




  Shanna Johnson, Chief Deputy Recorder




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