PERRY CITY COUNCIL MEETINGPERRY CITY OFFICESJULY 17, 2014 7:00 PM

OFFICIALS PRESENT: Mayor Karen Cronin presided and conducted the meeting.Peter Gerlach, Brady Lewis, Esther Montgomery

OFFICIALS EXCUSED: Jana Nelson, Todd Christensen

CITY STAFF PRESENT: Shanna Johnson, Chief Deputy RecorderMalone Molgard, City Attorney

OTHERS PRESENT: Greg Hansen, Lani Braithwaite, Toree Sorensen, Ronda Parry, Rory Pyatt, Peggy Kunz, Slate Jeppesen, Kovin Jeppesen, Alex Jeppesen, Daniel Chambers, Scot Nelson, Jim Madsen, Justin Palmer

ITEM 1: CALL TO ORDERMayor Cronin called the meeting to order.

A. INVOCATIONCouncil Member Lewis offered the invocation.

B. PLEDGE OF ALLEGIANCEMayor Cronin led the audience in the Pledge of Allegiance.

C. REVIEW AND ADOPT THE AGENDA

MOTION: Council Member Gerlach made a motion to approve the agenda. Council Member Lewis seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

ITEM 2: PROCEDURAL ISSUESA. CONFLICT OF INTEREST DECLARATION

None.

B. PASS OUT WARRANTS TO COUNCIL MEMBERS (AND POSSIBLE DISCUSSION) Shanna Johnson passed out the warrants.

C. APPOINTMENTS, IF ANYNone.

D. FOURTH OF JULY COMMUNITY AWARDSMayor Cronin presented the following awards:

Scott Nelson, Citizen of the Year Award Greg Hansen, Mayor’s Award

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ITEM 3: PUBLIC COMMENTS AND/OR PUBLIC HEARING

MOTION: Council Member Gerlach made a motion to open public hearing regarding Ordinance 14-H to Adopt the International Fire Code, and Ordinance 14-I to Adopt Public Safety Cost Recovery Procedures. Council member Lewis seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

A. PUBLIC HEARING REGARDING ORDINANCE 14-H TO ADOPT THE INTERNATIONAL FIRE CODEMayor Cronin said this Ordinance basically states that we are going to follow the standards of the International Fire Code that most counties, cities and states have in place.

No Public Comment received.

B. PUBLIC HEARING REGARDING ORDINANCE 14-I TO ADOPT PUBLIC SAFETY COST RECOVERY PROCEDURESMayor Cronin said this stems from an incident that comes out of Brigham City where a fuel truck/tank was putting fuel into the ground and drove off without pulling up hose and thousands of gallons of fuel went into the storm water drains and there was a costly procedure to clean that up. This ordinance allows cities to recoup those cost for going back to those responsible for the monies so it doesn’t have to come out of tax payer pockets.

No Public Comments received.

MOTION: Council Member Lewis made a motion to close public hearing regarding Ordinance 14-H to Adopt the International Fire Code, and Ordinance 14-I to Adopt Public Safety Cost Recovery Procedures. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

C. PUBLIC COMMENTSScott Nelson: Expressed a want to change the City mission statement. He said he majored in communications and has spoken with the Mayor on this before. He also has taken classes where the focus was on mission statements. He states he thinks we should shorten the mission statement to:“The Mission of Perry City is to improve the lives of our citizens.”People never read mission statements that tend to be long and verbose. He wishes the City would consider shortening it so that it really means something and people remember it.

Jim Madsen: Is a former resident of Brigham City and is in the process of moving to Perry. He was asked by the Mayor to come and speak about Utopia. Jim said he worked with Luanne Christensen in Brigham City when she was on the City Council before she became Mayor. This is when she looked into Utopia. He said that he’s a little disappointed because there are several issues that have not been put in the paper. When Utopia first started Luanne was on the Brigham City Council. When the project first started we were supposed to get a 2.5% interest loan from RUS (Rural Utility Services), a Federal organization. He said that the government dragged their heels and the member cities never got anything. That’s when Brigham City came up with the concept requiring a $3000 commitment to help cover finances related to connecting to the system. It was the only way the City could see to proceed with Utopia. About 3 years ago he moved into Brigham City and got Utopia in his condo.

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He was only paying $30 extra dollars a month and this was still $14 dollars less than Comcast. He explained that Utopia is a trunk line (compared to airport), and several different companies pay a fee to use the trunk fiber optic cable that was initially supposed to go from Payson to Tremonton. This cable is like an airport and we the tax payers maintain and support the airport. We may never use it but we still pay taxes to support it, the reason Utopia came into play is because Flying J was losing over a million dollars a day due to down time and it was critical to them to have a faster reliable system. The Brigham City Council went to 3 major companies to ask for faster service and they turned them down, so Utopia was the next best option. He said there is no comparison in speed; Comcast is 120 MB and Utopia is 1027mb, that’s faster than a GIG. He’s unsure of where Perry is but Brigham City has over a million dollar loan and will be paying that for over 30 years. Jim said we either need to get in and use it or walk away, but either way they will be paying money. He stated there should be an opt-out for people who it causes a hardship for, but other than that, he believes that this is good for business and suggests that Perry go ahead with the proposal.

Mayor Cronin closes public comments and takes time to recognize two boy scouts who sat in on the meeting in order to work on merit badges. She gave them both Perry City commemorative pins.

ITEM 4: ACTION ITEMS A. APPROVAL OF THE WARRANTS

Council Member Montgomery asked about the July 4th t-shirt bill and if this was typical. Mayor Cronin said that they wanted the whole bill paid in one, but was unable to without Council approval so that is why it was split into two payments. Because the bill was over $2,000 it is being presented for warrant approval. She said most of the monies have been recouped from race participants, softball team registration fees, and sponsors for t-shirts.

MOTION: Council Member Lewis made a motion to approve the warrants. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

B. BUSINESS LICENSEOmni Media Consulting, LLC - Shanna Johnson reported that this is a web design company, it is home based, and has no visiting clientele.

MOTION: Council Member Lewis made a motion to approve the business license for Omni Media Consulting, LCC. Council Member Gerlach seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

RESOLUTIONS AND ORDINANCES – 2 ND READING C. ORDINANCE 14-H TO ADOPT THE INTERNATIONAL FIRE CODE

Mayor Cronin said most of the cities and towns have embraced and adopted this code and this is an ordinance that Brigham City asked Perry City to adopt when the contract was due for renewal. Brigham City has adopted this code as well. Council Member Lewis asked if the International Fire Code document needs to be put into code and was informed by City Attorney Molgard that it only needs to be referenced as The International Fire Code and that the City has adopted it.

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MOTION: Council Member Montgomery made a motion to approve Ordinance 14-H to Adopt the International Fire Code. Council Member Gerlach seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

D. ORDINANCE 14-I TO ADOPT PUBLIC SAFETY COST RECOVERY PROCEDURESMayor Cronin stated that this ordinance gives the City the ability to seek reimbursement for specifically hazardous situations, but also covers fires by peoples being negligent so the City would be able to get reimbursed for those situations. Council Member Lewis asked if the language in this document would cover someone lighting fireworks in a dry field and starting the mountain on fire. City Attorney Molgard answered that yes it would. Mayor Cronin said this would also cover a false alarm call and it has been negotiated with Brigham City that it would not be billed, but that if someone continually called or did it has a prank this ordinance give the City the ability to collect on those services. Previously those false alarm calls were billed out at $200 apiece and now it has been negotiated to where it is a $0 charge. Council Member Lewis asked if this mirrors Brigham City contract as well. Mayor Cronin answered that we have sent the contract into Brigham City so they could review and make sure they were comfortable with it. Since then the contract has been signed. Council Member Gerlach asked if we previously had something like this in place before. Mayor Cronin said the original contract states that we would not be billed for false alarms and with this new Ordinance the City will have leverage and ability to go after hazardous waste issues.

MOTION: Council Member Lewis made a motion to approve the ordinance 14-I to Adopt Public Safety Cost Recovery Procedures. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

RESOLUTIONS AND ORDINANCES – 1 ST READING E. RESOLUTION 14-14 FIREWORKS BAN EAST OF HIGHWAY 89

Mayor Cronin said shortly after the 4th of July there was a few fires caused by fireworks on the East side of Highway 89. Mayor Cronin and Police Chief spoke and decided that it would be in the best health and safety of the public to ban fireworks on the East side of 89. Mayor Cronin sent out an email to the Council members asking for approval and received back from most of the Council members that they felt that that was fine to do. This Resolution takes the ban and brings it into the public eye to show them what the City is doing based on the health and safety need. Since the ban, the State has come out and put a ban on fireworks in all areas other than on personal property and designated camp fire pits. It was in the News and Journal and has been sent around to all the elected officials. It reemphasizes how dry things are across the state and how careful we need to be. Council Member Lewis stated that this would expire on December 31, 2014. Mayor Cronin said yes; the City usually does these through the dry season and then if need be the City would put this in place next year. Council Member Lewis stated that he is a little torn on this and said that a couple of years ago he lived on the East side of 89, he is all for restricting fireworks where a fire would devastate his house. Now that he’s in a Council member seat, he feels unease about restricting people’s rights in their own yards. He asked if this Resolution would restrict small fireworks. City Attorney Molgard said it would restrict all fireworks East of Highway 89. He said he understands what the City is trying to do, but that it seems a little harsh to ban all fireworks on private property. He likes that is expires, but is hesitant because the Council hasn’t heard a lot from the public on the issue. Mayor Cronin said that this is something the City has had since the 4th of July, an email was sent out on the 5th and there have been fires that were started by people doing fireworks in their own yard. If a firework goes up and a spark lands in the dry field next door, this encroaches on the rights of the neighbors because

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you can’t control where some of those sparks are going to go. She said the City has to take into account the health and safety of the members of society. When we did this on the 5th we had three fires that were started the night before and one fire that was started on the 3rd, all from fireworks. Council Member Gerlach stated that if the City does nothing now then it becomes irrelevant because next week people can use fireworks. He asked if next year, when we get to the time of year where people can use fireworks, is there a way to determine if it’s too dry to light them without having a fire actually start. Mayor Cronin said that is something the Council would have to talk about and consider. Council Member Lewis said that there are a lot of variable as far as ground fireworks, fireworks that go up in the air, private property, boundary houses, and many more variables that the City may want to include in something more permanent for later. City Attorney Molgard said you could do a resolution each year before fireworks setting out parameters, when that would go into place, or you could do a permanent Ordinance establishing what would be required along with parameters and boundaries. Council Member Lewis said that he’d loved to get the public’s opinion later on something like that. Mayor Cronin said that on the Facebook page many asked if this was something that could be done on the West side as well. Council Member Lewis asked how is this going to be enforced. Mayor Cronin asked the police force to give a warning first and then if people still are not following the ban, they would cite them. The police have told her they are not having problems and that on the Facebook page people are wanting the ban on the West side as well. Council Member Lewis asked what a citation for something like this would be and Mayor Cronin said she is unaware of what the amount would be, but the citation would be against the ban and not following City Ordinance. City Attorney Molgard said he thinks it’s covered somewhere in the City code about not following a police officer, but would need to look for it to see what the amount would be. Chief Deputy Recorder Shanna Johnson said based on the Ordinance above if someone were to light a firework and in turn start a fire that person would be responsible for that bill. Council Member Lewis asked if it would be covered anyway and Chief Deputy Recorder Shanna Johnson said that it would be covered financially. Mayor Cronin said she was going to wait, but said that she received a letter from Brigham City Mayor Vincent expressing gratitude for all the assistance with the Baron Woolen Mills Fire. Letter goes on to say that its times like this that we are blessed to have surrounding communities and agencies that are willing to step up and help. Everyone worked together to fight the fire and contain the crowd so there were no injuries. She said in talking with Mayor Vincent that it has been determined who started that fire and is unsure if they’ve determined if it was accidental or not but that either way he and his family will be responsible for the full cost of that. If we don’t do something proactive and somebody does do something they may come back on us and say that it’s partly the City’s fault for not recognizing that the fire hazard was high and for not doing anything about it. She said when the ban was first put into place on the website it did say that people could come to Perry Park and shoot off their fireworks there, but now with the State ban it said they cannot be lit on public property, only private property. So in turn the State has taken what the City has already done and made it stricter. Council Member Lewis said he thinks he could vote for this he just wanted some of the things mention earlier put out there. Council Member Gerlach asked if the City should be considering the West side of the Highway as well, if it’s something people are asking. Mayor Cronin said that is something the Council could consider. City Attorney Molgard said at that point it would essentially be a City wide ban on fireworks. Council Member Montgomery said the State has already banned fireworks expect for on personal property and that everyone on the East side is banned completely. Council Member Lewis said the redeeming feature about this is people on the east side can go to friends/family members houses on the west side and still celebrate for the 24th because it’s a big part of our tradition. It’s wet on the west side and a lot less risky. He said he has a strong opposition on a full city wide ban and thinks it’s a little far reaching. Chief Deputy Recorder Shanna Johnson agrees with Council Member Lewis in that at least people on the east side can go to the west side. Mayor Cronin said it should be based more so on whether if the fire hazard is as great on the west side. Council Member Lewis said no because there’s a lot of wetland where on the east side

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there’s a lot of dry undeveloped land. Mayor Cronin said that there should be a note of caution that either way if your fireworks get out of hand and start a fire, even if it’s on someone else’s property, you will be billed, so do it at your own risk.

MOTION: Council Member Montgomery made a motion to approve Resolution 14-14 Fireworks Ban East of Highway 89. Council Member Gerlach seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

F. RESOLUTION 14-15 NOTICE OF AWARD FOR PERRY CITY 2014 STREET PROJECTSMayor Cronin said that the City put several road projects out for bid that need fixing, knowing that the bids would probably come back higher than what is budget, but the City wanted to see what they could get done. The full bid came out at about $262,000. There were four companies that bid on the project and the low bid went to Staker Parsons. The City had Brent Slater from Jones & Engineering look at it and he felt that it was a reasonable bid. The City went with that bid and has since met with Staker Parsons and negotiated out some of the roads to bring that bid down to $236,000 so it’s within budget. But in order for Staker Parsons to go out and start letting their bids it did again go out on email to the City Council that it would be okay to award that bid. Council Member Lewis asked if the Mayor Cronin knows what streets were taken off the list. Mayor Cronin said 2700 is the only one that was removed; on the south side of 2700 there is one house and then some storage space.

MOTION: Council Member Lewis made a motion to approve Resolution 14-15 Notice of Award for Perry City 2014 Street Projects. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

LAND USEG. MOTION TO WAIVE THE 2 WEEK REVIEW PERIOD FOR FINAL APPROVAL OF THE

SAVER INVESTING SUBDIVISIONMayor Cronin said there is a subdivision which is called a Saver Investing Subdivision where it takes a piece of land and divides it into two lots. It was passed through planning commission last week and it was asked that city Council waive the two week review period because of some financial time limits. Council Member Lewis asked what the two week review period is. Mayor Cronin answers that by city ordinance we have a two week review period from when planning commission takes it and takes action to when it can come to city Council agenda so that it gives city Council adequate time to review it. So if we had a big development it may take a little more digging and homework. It’s been a long tradition that it takes about two weeks for Council members to review it so they don’t have to crunch it down in less than a week. Council Member Lewis then asked if they’re voting a week early. Mayor Cronin said that the first vote is to waive that requirement saying that we understand that is there but the City Council will waive it. Council Member Lewis asked if it’s the developer that is asking the City Council to waive that and Mayor Cronin answers yes, the developer has ask us to waive that. Mayor Cronin asked if the developer is here and asked him to please speak.Justin Palmer, developer: Said they are trying to take an acre lot and split it in half to make two lots out of it. Everything is under contract so they are trying to get that closed and that was the reason for asking for the wavier.

MOTION: Council Member Lewis made a motion to approve motion to waive the 2 week review period for final approval of the saver investing subdivision based on the one time exception based on

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financial situation and exceptional nature of this situation. Council Member Gerlach seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

H. MOTION FOR FINAL APPROVAL OF SAVER INVESTING SUBDIVISIONCouncil Member Gerlach said that there shows a barn that needs to be removed and asked the developer if that’s to be removed soon. Justin Plamer, developer, answers yes and that it shares a wall with a shop as well so once it gets knocked down the wall would go right back up to close in the shop. Council Member Gerlach asked developer that lot 1 is under contract and lot 2 is not, developer said that’s correct. Council Member Lewis asked that the planning commission was fine that the barn was not demoed yet and if there are any strings attached. He asked Steve Petttingill’s opinion. Steve said that they were assured that it would comply with the current zoning. Council Member Lewis asked developer if a six month time period is reasonable for him to knock down the barn and the developer said yes and that it needs to come down because he plans on building on lot 2 and can’t with it being there.

MOTION: Council Member Lewis made a motion to approve motion for final approval of saver investing subdivision with the amendment that the barn comes down within a six month time period or be subject to city enforcement tools and appropriate fines. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

ITEM 5: DISCUSSION ITEMS1 ST READING

A. ORDINANCE 14-J APPROVING PAY INCREASES FOR STATUORY OFFICERSMayor Cronin said this by law has to be posted out for ten days and that it is in that ten day process. Council Member Lewis asked that it is the City Recorder, City Treasure and City Police Chief that this is dealing with right now and is informed by Mayor Cronin that that is correct. Mayor Cronin said the rate increase is based off a 1% COLA increase and also based on their performance awards from last year. It came to be that most city employees were at a 3% or over plus health insurance cost and by the time you put those two together it came to be around 45%. This year it was the first year that they’ve had much of an increase.

B. ORDINANCE 14-K EXCAVATION PERMITMayor Cronin said this is one that the City currently has in place but it’s been suggested that we look at ways to protect our roads a little bit more. Case in point on 1200 west last year it was resurfaced and within two months there was a cut in the road, and every time you cut in the road it diminishes the life of the road. Highway 89 the State will not let anyone cut in the road if it’s been laid less than five years, and even after that it’s a pretty hefty fine. So it was suggested that we look at this and what other cities had in place to try and deter people from cutting into the road. There are times when it needs to happen but maybe at a little bit higher fee. Many times they can blast in the pipes through the road, which don’t require large cuts in the road, just small cuts right at the juncture point. So this is what Public Works and Public Planners have worked on and the City Attorney is also looking at it. The reason it doesn’t need to go back to Planning Commission is the basic policy stays the same it’s just the fees that would be changing. Council Member Lewis asked what the changes are and Mayor Cronin said the changes are now the cost to make cuts in the road is based on per square footage, and

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after having Public Works and Planner look at the different ordinances for cities around us, most of them just have a flat fee if you cut in the road. If it is done to a certain specification then some of that fee is returned back, but it is still a much higher rate then what we have. Council Member Lewis asked what about large cuts in the road where the old ordinance was based on footage, will the new fee be enough for the City to cover itself. Mayor Cronin said we could do $1500 or the square footage, whatever one is greater. Council Member Lewis said that he thinks that on the larger cuts it may be needed. Council Member Gerlach asked about the refund of $500 after completion and inspection. He asked how long after it is referring to; because sometimes when there have been cuts in the road the problem that we’ve had is that they settle and become a dip. Mayor Cronin said she was speaking with Dallas of Staker Parsons and they spoke about how wavy it is and how he said the problem is most likely that is was not compacted correctly. Those problems are usually not apparent within a few weeks but usually show up to a year after work is completed. Council Member Gerlach said he’s not sure if there is a time frame in place but maybe it’s something we should consider. Mayor Cronin said we can make a note and ask that Public Works researches this. Council Member Lewis asked that a note be made on square footage being kept as well. Council Member Montgomery points out that the other thing noticed, while going back and forth between the old ordinance and new ordinance, is that there is a 30 day expiration, which she thinks is good. She stated that the old permit also said the City should be notified within four hours of cuts being made in the road and on the new one state’s 24 hours. So she would like to ask the public works department how much notice they really do need for that.

OTHER DISCUSSION ITEMSC. FOURTH OF JULY REVIEW

Mayor Cronin asked for the Council Members input and if there are things they’d like to make note of for next year. She feels things went well and that all floats made it through the parade this year so that was a good plus. Council Member Gerlach pointed out that the candy lasted all the way through the parade this year. Mayor Cronin said that they did get one note that when the sectioned off the sidewalk on 900 west that we roped off the one handicap accessible entrance to the park. Council Member Montgomery said she really likes the baseball games and say that Perry’s Got Talent was a highlight for her, the kid’s contests were fun, and she really enjoyed the t-shirts and being able to give them to some of the people helping out. Council Member Lewis thanks everyone for putting it together and that it was great. Council Member Lewis said he attended several events and thinks they were all great. He points out that maybe next year there should be a time and a place for awardees to meet so they can be given awards at the same time. Mayor Cronin said Council Member Christensen suggested that there be someone waiting at the church at the end of the parade to take the awardees over to the park together. Council Member Gerlach said it went well and that he thought Perry’s Got Talent was fun. He attended the movie in the park where he had a few people ask him about popcorn. Council Member Montgomery said there were a lot of people who attended the movie in the park and that she got there right on time for it, but it had started a little early so just a note for next year. Council Member Gerlach said bingo was good but maybe we should come up with a way to distribute more prizes earlier in the game with either having more cards or playing one line bingo, because at the end there were still prizes left over. Mayor Cronin said to ease those fears all left over prizes are passed on to Night Out Against Crime. Mayor Cronin suggest that we find a new route that doesn’t cross the train tracks for the run and that some of the runners were a little upset as they got stuck behind the train and had to wait for it. The grass during the movie was a little wet, is unsure if it rained or if the sprinklers were on earlier. She said we doubled the number of sheep in the mutton busting and still had people that wanted to participate that we didn’t have enough sheep for. She had a

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few people ask her about bringing back the community dinner the night before the 4th. Council Member Gerlach said that his understanding as to why they stopped doing it is because it was potluck and there were questions regarding if the City had liability if someone got sick from eating someone else’s bad potato salad. Mayor Cronin said that’s where she was going to go with this, in that although there are a lot of ways we could expand it we need to keep risk management guidelines in mind. Next year she hopes to have those guidelines nailed down a little more then what they are now, because with the new policy requiring people to have permits there were questions if permits were needed if there was no food and it was just something like a booth. She said It wasn’t until the day before that Mayor Cronin finally got a hold of the Chamber of Commerce and was told that they make everyone get permits because at one time someone tripped over a box in someone’s booth and broke their leg and they sued the City because the City had more money than the vendor in the booth. You hate to be the one giving out bad news like that, but you have to look at it from a City point of view. Council Member Gerlach said there’s the First Responder breakfast and asked if there is some other entity that would like to do a fundraiser for the dinner the night before. If it was someone running it rather than a potluck he thinks it would be less likely to have a problem. Mayor Cronin said that’s a good idea and on the same line the soccer group that does the hamburgers was really busy. Also for the youth dance we did and ice-cream social and that was really big, Mayor Cronin planned for 50 and all 50 cups were used. So maybe if we wanted to do something city wide we could do an ice-cream social and do it before the fireworks. Then it would be store bought so we wouldn’t run into the food poisoning issue. She said it would be open for everyone to socialize and prior to the big event of the night. So that may be something we could look into. Council Member Lewis asked if Maddox or Calls or a Perry business could sponsor and come in. Mayor Cronin said we could ask businesses if they’d like to come in and have something like a “Taste of Perry”, for anyone that wants to promote and sponsor. Mayor Cronin noted that the awardees need to be picked a little sooner so that they would have time to notify family. So the City will try to have them picked before Memorial Day, which gives family a month. Council Member Lewis said that he heard criticism on how the awardees are picked. Mayor Cronin said that she puts out both in April and May requests for nominees. We then take the nominees and Mayor Cronin will then put them out to the City Council and the City Council votes. The only one that is handpicked is the Mayors Award. There are also requirement for the Boyd White Service Award, the recipients need to have had military service and community service. Council Member Gerlach asked if there a way to possibly change the name of the Boyd White Service Award to include military and community service or add it somewhere because a lot of people don’t know what this award is about. It is suggested that when the request for nominees is put out, to also put in the parameters that the nominee has to meet for this award. Council Member Lewis asked if the City can vote. Mayor Cronin said that the City is nominating and that in the past the Fourth of July committee has selected the awardees.

D. REPOT REGARDING PLANNING COMMISSIONMayor Cronin asked Steve Pettingill and City Attorney Molgard give insight into this meeting. Steve Pettingill said that they been in a terse lately with the Butters application for fencing and cows or horses in an R2 zone. I think that relative to the vote we’ve had, we’ve had two different ties. Steve heard today that once he left the meeting the planning commission had a revote again on this particular application and it passed. He thinks this is against the rules that are in place. He thinks that with the rules currently set in place that if something is voted upon and it doesn’t pass that it needs to proceed in the correct way. He doesn’t think it’s fair to the City or citizens to revote on an issue just

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because a planning commission member left. He stayed for that vote specifically and did not leave till that vote had been cast. City Attorney Molgard said it was the planning commission that made a motion to revote and thinks that that is allowed under the rules. Steve said he does not think it is allowed in the same meeting and that a specific amount of time in between needs to be met. Steve thinks that Mr. Butters should be sent to the grievance board or whatever it may be that the City has set up and that procedurally it’s the correct thing to do. City Attorney Molgard said he will check on this but does not think that goes against anything. Mayor Cronin said that we need to look and clarify if needed. Steve said he thinks it’s in the procedures and this is not right. He said the reason they’ve come up with this is that the definitive idea to have cow graze in an R2 zone is illogical, and he thinks that’s what’s bothering the planning commission members that voted against it. We have some planning commission members that say you can do whatever you want it’s your own property, and yes that is true to an extent, but our ordinances apply. However our ordinances also conflict with each other and that is where we are at odds with this. City Attorney Molgard said the problem is that the ordinances do conflict, but the ordinances allow it for right now. If the City does not allow the conditional use permit or at least put reasonable restrictions on it then the City is opened up to lawsuit, because the ordinance allows it currently. So until we change that ordinance and get those in line it’s not prohibited. If the ordinance didn’t conflict and was clearer this would not be an issue. Steve said he cries foul on this one because if one person leaves the commission or the governing body it’s not right to revote on an issue. He stayed for that vote and cast his vote and doesn’t think it’s fair. The City Council members asked Steve what his vote was. He said to not allow the permit, and that he was told he could vote no across the board categorically. City Attorney Molgard said yes, you could and that he also put out a legal opinion that said you could do it, but that it opens the City up to liability. The one problem that is there is that Perry City code, State code, and State cases that have been interpreted all say the same thing and there are reasonable conditions that can be placed to mitigate those and if you can’t get those conditions to mitigate them then you deny them. Now what happened last week in the planning commission meeting is he came up and said yes he agreed to certain conditions to try and mitigate what the citizens had problems with, and even with that there was a tie. City Attorney Molgard said it he advised the commission flat out at the meeting there are reasonable conditions that he’s agreeing too, and by denying this or still having a problem passing it causes the City huge liability. The problem is, is that it can be denied if you cannot mitigate the problems that exist between the two zones, or the two uses, and he was there and willing to put reasonable restrictions on those and agreed to them. He said that is why he advised that it should be approved. Mayor Cronin said the point is as Council Members we need to understand our ordinances and that there are conflicts within them; thus the reason for item L. We need to start taking a vast review and looking at those. Council Member Lewis asked if they can specifically address the policy that they know is coming at them. Mayor Cronin said that the new policy would not be in place till that meeting. Steve said that when the City finishes with Mr. Butters, he strong recommends that the City prohibit grazing in an R2 zone. He said things that have been done in increments and have been added to the land use chart and this is where we get the conflicts, because you go along and then you get someone that comes in and said I just want to graze cows on a vast piece of property. Well that’s true and if there is no conflict then its fine, so what we do is we add it to the land use chart. But low and behold here is the conflict, Steve said he is a planning commissioner member who does not think there should be grazing in an R2 zone and he thinks that it is unfair to the residents that live there and got their zone changed. Mr. Butters is using the conditional use permit for what is beneficial to him

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and it is now being used against the City. Mayor Cronin said she doesn’t think that anyone is disputing that, it’s just the legality of denying the permit because right now our ordinances say that we cannot deny it if there are ways to mitigate it. Council Member Montgomery requested the minutes regarding this section of the planning commission meeting for review before next meeting if at all possible. Mayor Cronin asked for what the end mitigation ended up being. City Attorney Molgard said he will put up a field fence instead of a barbwire fence and five feet behind the field fence he will put and electrical fence to keep the horses away from the field fence. Only horse will be allowed with no cows; also no more than five horses. One of the commission members switched their vote so the final vote was 4-1. It was a 3-3 vote initially and then later on after Steve had left it turned to a 4-1 vote. It was one of the no votes that made a motion to revote on this. Mayor Cronin said that unless it is specified that you can’t do a revote, than it’s allowed, so we need to look and see what the rules state.

E. CENTENNIAL SOCCER PARK/PARK RENTAL CONCERNSMayor Cronin said there were some concerns brought forward by Perry Police and also by Steve Pettingill. Steve said there have been two different times he’s caught people in his field trespassing, deep into the field not just after soccer balls and stuff. There have been a few times where they’ve people trespassing have decided that the peaches on his trees are theirs, and then there are those few times where they just go over and get their soccer balls. So he can’t monitor that. He would like to request that the gate be close and also that the park be closed completely. He suggested that the City saw off the old irrigation line and makes that portion of the park attractive, and does what they can to water the east field and make it attractive as well. Steve spoke to the Police Chief and isn’t aware if there is an ordinance in place or not, but doesn’t like the blaring music from the soccer games that he can hear from the other side of his farm. He doesn’t think it fair to the residents. There are times when he’s spraying pesticides on peach trees and doesn’t need the liability of someone getting sick because they were trespassing on his property. Mayor Cronin said there is a group that comes up and sells trinkets and things and that that there have been reports of lewdness. She has spoken with the Chief and they decided they would get a warning the first time and a citation the second time. Regarding the selling of items, they would have to get an event permit with the appropriate liability insurance. Shanna Johnson said that she presented the group with the appropriate forms need for a business license and was unsure if they have been turned back in or not. Mayor Cronin said the police are patrolling it more on weekends since Steve has called in about the noise issue. Mayor Cronin said for sure the City can lock the fence and asked City Attorney Molgard if no trespassing signs would limit liability. City Attorney Molgard said yes because it at assumption of own risk and would probably be defeated because they saw the signs and went onto the property anyway, but that doesn’t preclude having to fight the lawsuit to get to that point. Mayor Cronin said short term we could lock the gate and put up no trespassing signs, as far as getting a fence up she’s unsure as to if that will happen this year or not. Steve said to really look at beautifying the east field as well, and to also finish the fence from the south side to the north side along the east boundary of the park. Mayor Cronin said they will enforce the noise ordinance, lock the gate and also put up no trespassing signs.

F. MACQUARIE MILESTONE 2Mayor Cronin sent off a list of questions and they have responded quite quickly in their response. The mayors of the six cities that opted in have met a several times and at the moment those answers are still confidential. She said we have a couple of ideas that we’d like to pass to the Macquarie people and said she’s invited them to a dinner at Maddox. Macquarie had already opted to come up on Tuesday the 22nd of July, so the Mayor will meet with them at 6:00pm and the Council Members will meet at 8:00pm. She said the meeting will be held in the board room upstairs at Maddox. Mayor Cronin said that when she talks to people about opting into milestone 2, she explains it’s like going

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back to a car lot for a second look. Milestone 2 does not engage us in any kind of fee, or committing the City to bring it in for sure. It states only that we are interested enough to keep engaged and have questions; this is our negation process. For the public record we have not entered into anything that binds the citizens and would cost them another fee. What we know for sure is the Utopia contract was entered into back in 2002 requires a $109,000 payment annually. It will cost residents $8-10 dollars if it goes dark. We need to either pay more money to close it down or to keep it going. The City is trying to see if there is a way to negotiate some sort of service for the money the City is already paying.

G. DISCUSSION REGARDING GARBAGE SERVICEMayor Cronin said it was asked if there would be a price increase this year, the answer is not any more than the already contracted amount of a 2%. Also, she has several comments, all good things, about recycling. You don’t have to separate anything just put it in the can and it is an extra $5.00 per can. Mayor Cronin said the first can may need to be adjusted in price in order to cover overhead and administrative cost with the second can, as per Shanna Johnson’s request to make sure all overhead costs are covered.

H. COLLECTION OF UTILITY FEES FORM MULTIPLE UNIT DWELLINGSMayor Cronin said that it has been suggest that utility bills go to the landlord and the landlord pays the bill and then collects from the tenant. The current ordinance kind of gives us that latitude but we haven’t been following it. She suggested that the Council Members look at the current process and see if they want to have landlords come in and sign a contract saying that if the renter does not pay that the landlord will be responsible or to only send the bill to the landlords in the first place. Council Member Lewis said to just send it to the landlords. Mayor Cronin said that is okay, but in order to do that the ordinance has to be rewritten. Shanna said there are a couple of issues with this the first being that we need to follow policy and shut off after 90 days of nonpayment and we need to clarify if you’d like the bill to go straight to the landlord or the tenant. Mayor Cronin said that City Attorney Molgard needs to look at this and see if from a legal standpoint something like this can be done to collect the funds either from the landlord or the tenant.

I. DISCUSSION REGARDING JUNE 28TH MOCK ACTIVE SHOOTER EXERCISE AT THREE MILE CREEK ELEMENTARYMayor Cronin said there were about 300 people that participated and there were several things observed during that. One of things was there was no point to send waiting parents to they were all going to the police line. So we need to make sure that we have procedures in place that anytime there is an incident we can get parents, media and by standers to a common place where we don’t impeach on the officers. Council Member Gerlach asked what is suggested because if someone believes there is an event going on at the school and that is where their child is at, then that is where they will go. Mayor Cronin said that is where reverse 911 would come into play and where they would get the most accurate information on where to go. Then as people would go to the school the officers should have been telling the parents that the parent information center is at a different location. Another thing is that we as elected officials have certain duties that we need to be doing and I was stopped by someone asking "how do I know you’re the Mayor". She said we need IDs so that we are recognized. Another thing is that while the officers were trying to get students and teachers evacuated out the teachers would not open the door because they were not sure if they were a real police officer. It’s suggested that there be some sort of code word so that teachers and law enforcement know that immediately and ahead of time if a situation like this occurs to get them out safe. There were also educational pieces where some of the kids were saying that they laid there and were bleeding and they just stepped over me. So to maybe educate the kids that the EMTs and firefighters are trained to spot the worst injury first and work from there so that way the kids are not in the way of emergency personal trying to help the worst injury first. She said it was also suggested that we bring in

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emergency personal to school assemblies in normal street clothes and then talk them through the situation, then adding on different layers of clothing so they know what the firefighter will look like in that situation. Doing that on a yearly basis could get kids educated on what would happen if there was an active shooter.

J. PARK IMPROVEMENTS AND BIDS RECEIVEDMayor Cronin said we have not received all the bids we were expecting so she’d like to save it for the next meeting. It is for the restrooms and the Dale Young Nature Park.

K. COVERSION OF POLICERETIREMENT FROM COTRIBUTORY TO NON-CONTRIBUTORYMayor Cronin said this one has 30 day window where we have to send out notices to the police officers that were considering this. What this does is open it up for them to change over and right now they are on contributory currently and it was a lesser death benefit for a spouse then what non-contributory has. Shanna said that the benefits that the contributory system has is that if they contributed to it, and they can pull funds out. They cannot do that with the non-contributory system; however there is the added death benefit. She said that the majority of the officers across the State are on the non-contributory system and the majority of our officers would like to move to the system. Shanna said that is why we went to the state and got a conversion window open, but there is still a process that it needs to be followed. You have a 30 day notice period, a public hearing, the City Council has to pass a Resolution and then the officers has six months to defer over to the new system. That process has been started and letters were sent out to all officers today. Mayor Cronin said that is the process and wanted to make the Council aware of it. Council Member Lewis asked if this applies to all cities or per person. Mayor Cronin answers per person and that if the City moves to non-contributory the new officers will be on enrolled in the non-contributory system.

L. POLICY REVIEWMayor Cronin said there are several policies that are noted as conflicting or not the way that we really want to do things, but until they are changed we have to follow policy. So what she needs is Council Members who can take time during the week to meet with staff and her to start reviewing those policies. In particular Mayor Cronin would like to start with the policy on purchasing; right now the purchasing policy states that anything requiring more than $100 has to come to the Mayor or City Administrator first to be okayed before it can be purchased, we are looking at maybe changing that so this is one policy that she’d like to be reviewd. Another policy that has come up is regarding time cards, we need to look at that and how we’d like the time card issue to be handled. Council Member Lewis said on a side note we did set aside some money for a time punch software if needed. Mayor Cronin said she would also like to review the policy on how things should run through the planning commission when dealing with a conditional use. Do we want that to just stay with planning commission or to come up to City Council? City Attorney Molgard said it would go planning commission and then to the special use and appeals board or it could go to the planning commission, City Council, and then special use and appeals board. Mayor Cronin said in the current code there are codes referring to both processes, so we need to decide how we want it. She said we have a special appeals board with an administrative law judge that’s set up. It protects us from issues going directly into litigation. She said those are the policies she would like to work on first and that this would take some time.

ITEM 6: MINUTES & COUNCIL/MAYOR REPORTS (INCLUDING COUNCIL ASSIGNMENTS) A. APPROVE OF CONSET ITEMS

1) May 15, 2014 Work Session Minutes

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Council Member Montgomery asked that the minutes be corrected to reflect that Macquarie is from Australia instead of Ireland. 2) May 22, 2014 Regular City Council Minutes - Tabled3) May 31, 2014 Work Session Minutes - Tabled4) June 12, 2014 Regular City Council Minutes - Tabled5) June 26, 2104 Regular City Council Minutes – Tabled

MOTION: Council Member Montgomery made a motion to approve May 15, 2014 Work Session Minutes as amended. Council Member Gerlach seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

B. TODD CHRISTENSEN: Absent.C. PETER GERLACH: Nothing reportedD. JANA NELSON: reported that the Flood Control Board would like to see no dumping signs as this is

becoming a huge issue and they would like the City to post the signs. E. ESTHER MONTGOMERY: Nothing reported.F. BRADY LEWIS: announced that August 5th is National Night Out.G. MAYOR CRONIN: Nothing reported.H. ITEMS FOR NEXT CITY NEWSLETTER

None.

ITEM 7: ITEMS FOR FUTURE MEETINGPlanning Commission failed vote regarding Butters application for livestock; City Council will now vote.

ITEM 8: EXECUTIVE SESSION (IF NEEDED)MOTION: Council Member Gerlach made a motion to open Executive Session to discuss pending litigation and collective bargaining. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

The regular meeting close at approximately 9:37pm.

MOTION: Council Member Lewis made a motion to close the Executive Session and reopen the regular meeting. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

The Regular meeting reopened at approximately 10:01pm.

MOTION: Council Member Lewis made a motion to extend the Regular meeting to 10:30pm. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

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MOTION: Council Member Lewis made a motion to close the regular meeting and go back into Executive Session. Council Member Montgomery seconded the motion.ROLL CALL: Council Member Gerlach, Yes Council Member Montgomery, Yes

Council Member Lewis, YesMotion Approved. 3 Yes, 0 No.

The Regular meeting closed at approximately 10:02pm.

ITEM 9: ADJORNMENT (NEXT REGULAR MEETING ON THURSDAY, JULY 31, 2014 AT 7:00PM)

A. MOTION TO ADJOURNMOTION: Council Member Gerlach motioned to close the Executive Session, reopen the public meeting and then adjourn. Council Member Montgomery seconded.

All Council Members were in favor.Motion Approved.

The meeting adjourned at 10:30pm.

Susan Obray, City Recorder Karen Cronin, Mayor

Shanna Johnson, Chief Deputy Recorder

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