REGULAR SESSION OF THE BRIGHAM CITY COUNCIL August 4, 2016

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REGULAR SESSION OF THE BRIGHAM CITY COUNCIL PRESENT: Tyler Vincent Mayor Alden Farr Ruth Jensen Tom Peterson Mark Thompson ALSO PRESENT: Mary Kate Christensen City Recorder Paul Larsen Community Development Director Derek Oyler Finance Manager Tyler Pugsley Public Works Director Dennis Vincent Police Lieutenant ABSENT: DJ Bott Mayor Vincent called the meeting to order and excused Bott. Thompson offered the benediction. The Pledge of Allegiance was recited. Approval of Minutes: A motion to approve the minutes of the July 21, 2016 Council meeting was made by Thompson. Farr said in his comments regarding light rail, the minutes state that he specified 35-40 years before that would take place. He did not think he said a specific time period. He seconded the motion. The motion unanimously carried. AGENDA PRESENTATIONS Presentation of Check for Pickleball Courts RECOGNITION OF EMPLOYEES New Hire, Police Department CONSENT Appointments to Library Board PUBLIC COMMENTS COUNCILMEMBER COMMENTS SCHEDULED DELEGATIONS UTOPIA Operational Update NEW BUSINESS Consideration of Resolution Accepting Property Located at Approximately 1400 West Forest from the Box Elder County Redevelopment Agency Consideration of Real Estate Lease Agreement for Brigham City Billboard Request for Approval of Development Agreement with Project Straw (Continued to a future meeting)

Page 2 of 6 PRESENTATIONS Presentation of Check for Pickleball Courts Mr. Kyle Klein from the Northern Utah Pickleball Association came forward and stated that the Association has raised $120,000 from individuals and local businesses. They have also had approximately $190,000 in material and labor donated from local companies, bringing the total amount to over $300,000. Mr. Klein presented the Mayor with a check for $29,500. RECOGNITION OF EMPLOYEES New Hire, Police Department Assistant Chief Dennis Vincent introduced Charlie Chappell as a new Police Officer. CONSENT Appointment to Library Board It was recommended the Council appoint Richard Carr and Ann Jenkins to serve on the Library Board. MOTION: A motion to approve the Consent Agenda was made by Thompson, seconded by Farr and unanimously carried. PUBLIC COMMENTS Sherry Phipps, Brigham City Ms. Phipps said last week she commented on Jensen s Facebook page regarding the City s fire truck going out with the ambulance on every call. There was a lot of interesting Facebook comments back and forth. She was referred to the City website. She read what was on the website and it did not make sense. Part of it is in quotes, take the fire station with us to every call. Ms. Phipps said not every call needs the whole fire station there. One person responded on Facebook that she has asthma and she tries to tell dispatch they only need the ambulance, but dispatch tells her that it s protocol. The person said she walks onto the ambulance and the fire truck follows them to the hospital. If she stopped breathing the ambulance staff could take care of her. She asked what has happened to common sense. It seems like a waste of money. Michael May, Brigham City Mr. May asked for an update on curbside recycling. Paul Roberts, Brigham City Mr. Roberts said a possible solution to the fire engine going with the ambulance is to establish a procedure for someone to go into the cabulance business. This is transportation for people that are not very sick, but need rides to health facilities or from the nursing home to the hospital. This could be done by the Public Safety Department, or the City could encourage a private operation. Julianne Larsen, Brigham City Ms. Larsen said she worked for Weber State University for over 30 years. There were many occasions when they needed to call an ambulance. The fire truck would come and they had the capacity behind the seat designed as a transport for a medical emergency patient. They would only have one vehicle arrive at their back door rather than two. They had full paramedic capability to transport in that vehicle. This was her experience for over 30 years and there were never any problems. They knew what they were going to get; they

Page 3 of 6 knew where they were going to park; they knew how big they would be and their capacity and capabilities were. DeAnna Hardy, County Ms. Hardy expressed concern with the City spending $105,000 for a community center design before knowing whether or not the GO bond will pass. If the bond does pass, it will be by mob rule. Those citizens not wanting the bond will have their property taken away from them by force. She quoted from Ecclesiastes 1:9 regarding men always wanting to rule over men. She said the government is no different. The Constitution should be upheld and not function as a kingdom. The federal government needs to remember its limited roles. Liberty must be protected at all costs, even if it means no senior center, recreation or completed sports complex. The rights of the people should always come first. Liberty is a gift from God. COUNCILMEMBER COMMENTS Jensen responded to Ms. Phipps comments. She agreed with her and the citizens that commented on Facebook. She was unsure what is really going on. She spoke to Chief Bach and he explained the same thing that was on the website. However, it seems like overkill, but she is not a professional firefighter. She would like more information on how other fire stations and ambulances are working, and more information why the City s Fire Department is doing this. One of the biggest reasons people are concerned about this is because of the big budget in this department. She also expressed concern with the City spending $105,000 for the design of a community center. She thought it should go to a vote asking if the citizens they want a recreation center/senior center or nothing. That would have only cost a few hundred dollars. Then if 60% of the people wanted it, the City could have gone forward. Thompson said the Fire Department personnel will be stationed at either the fire station or following the ambulance. There is no cost difference if they are at the station or with the ambulance, so it is better that they are where they might be able to help. He added that in order to tell the citizens how much the community/senior center will cost, there has to be an architectural estimate. If the City guesses at the cost, it would be irresponsible. The City did a survey and approximately 23% said they did not want anything to happen; 77% said they wanted something, or some portion of it. He felt that the City is going through the correct steps. There is a citizen task force working on this. They should be at the next Council meeting with a recommendation. Peterson responded to Mr. May s comments. He stated that doing recycling inhouse would cost approximately $500,000 upfront to purchase the cans. The Council determined that if there was a 50% take rate, the citizens would have to pay $8.00 per month. The Council opted not to do it in this budget year. Mr. Pugsley added that the Council asked staff to look at putting out an RFP to see how much it would cost. Once the proposals are received, staff will return to the Council and ask for decision. The RFP will go out in November. Jensen clarified that the question she wanted on the ballot would not have any information on how much it would cost. She only wanted the question on whether they wanted to do something or not. There was a survey, but only several hundred people responded.

Page 4 of 6 Mayor Vincent suggested an article be put in the paper regarding the fire and ambulance responses. He also suggested Ms. Phipps visit with Chief Bach. SCHEDULED DELEGATION UTOPIA Operational Update Mr. Roger Timmerman, Executive Director of UTOPIA, approached the Council and reported that for the last five years UTOPIA has covered all the UIA debt payments. They are building faster and adding more customers per month than they ever have. They are installing approximately 1500 homes per month and 230-240 new customers each month. They completed a stimulus buildout project. In the middle of this, there was a broadband stimulus opportunity. They did a sweet spot construction build where they will get higher take rates. They did partnerships with some big players in the state, including UEN, to get connections. Added over 6,200 new subscribers since this project started. UIA has increased revenue to over $650,000 per month. There is debt service that has to be paid from that. If UIA and UTOPIA revenues are added together there is over $1.1M in revenue each month. The gross is approximately $10,000-$15,000 per month. They recently completed buildout in the Kotter Canyon Subdivision, with 120 homes that can now get services. Previously, UTOPIA s operational costs were in the hole and were a burden to the member cities. They crossed the breakeven point of this in October 2015. Since then, UTOPIA has been profitable relative to revenue to operational costs. This does not include the original UTOPIA bond. Their long-term goal is to address this. They are doing so well with the bonding that even when they drew down $24M additional bonds, UIA has already generated enough revenue to cover the debt service of this. Mr. Timmerman reported other positive things with UTOPIA: They are not assessing any member cities and do not anticipate any more assessments. They are chasing businesses. They are strategic where they build. They are building outside member cities when it is along their main routes and benefits the system. Open trenching when they can. Technology updates so customers can get up to 250 megabits, and some 10 and 100 gigabits. UTOPIA is the carrier of choice for many very large companies in the state. Mr. Timmerman said they commissioned a third party to conduct a survey to give them a sense of where they could approve. It was a simple survey asking how likely they were to recommend this service to others. They received an 80% net promoter score. People are very happy with the service; they like the speed and reliability.

Page 5 of 6 There have been 81 new customers in Brigham City this year. There are currently 1,415 active residential customers, or 32%, and 95 business customers. There are less than 5% of customers leaving the network. Industry standard is approximately 10%. Thompson asked when funds will be sufficient to cover the bond payments. Mr. Timmerman replied that this is a decision for the Board, but he said the goal is to get all areas built out. There are funds to build some areas, but it is not nearly enough to finish all the areas in the member cities. If it was up to UIA to fund the entire system, it will take 9-10 years. This is not fast enough, so they are pursuing other options. One is to have UIA take down another increment bond. Another option is to do a revenue bond against UIA s net revenue bonds. This will be up to the board. Some member cities are looking at doing their own bond. Jensen said the previous Executive Director told her there would need to be at least 50,000 customers on the system for the cities to no longer pay their portion of the bond payment. Mr. Timmerman did not know if this was accurate or not. The final decision would be up to the board. NEW BUSINESS Consideration of Resolution Accepting Property Located at Approximately 1400 West Forest from the Box Elder County Redevelopment Agency Mr. Bradley came forward and explained that this is a cleanup item with the subdivision plat created for the Love s Subdivision. The property was owned by the County RDA and as they conducted their survey and created the plat, the decision was made to have this strip of property deeded to Brigham City as part of the Forest Street right-of-way. MOTION: A motion to approve the resolution accepting property located at approximately 1400 West Forest was made by Thompson and seconded by Jensen. Farr aye Jensen aye Peterson aye Thompson aye The motion unanimously carried. Consideration of Real Estate Lease Agreement for Brigham City Billboard Mr. Larsen approached the Council and explained that this is a small parcel of property located on the north end of Brigham City along the freeway. The City has used the property for a billboard for many years. This agreement would increase the lease payment to equal the amount for the billboard property on the south end of the City. All other terms remain the same. MOTION: Peterson made a motion to accept the real estate lease agreement for the Brigham City billboard, seconded by Farr and unanimously carried.

Page 6 of 6 The meeting adjourned to a Redevelopment Agency Meeting at 7:58 PM. The undersigned duly appointed Recorder for Brigham City Corporation hereby certifies that the foregoing is a true, accurate and complete record of the. Dated this 19 th day of August 2016. Mary Kate Christensen Mary Kate Christensen, Recorder