Minutes of the Salem City Council Meeting held on February 20, 2002 in the Salem City Council Chambers.

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Minutes of the Salem City Council Meeting held on February 20, 2002 in the Salem City Council Chambers. MEETING CONVENED AT: 7:35 PM CONDUCTING: Mayor Brailsford PRAYER: Councilman Dale R. Wills PLEDGE: Councilman Dale Boman COUNCIL PRESENT: Mayor Randy A. Brailsford Councilman Reid W. Nelson Councilman Dale Boman Councilman Dale R. Wills Councilwoman Vicki H. Peterson STAFF PRESENT: Jeffrey Nielson, City Recorder Police Chief Brad James Dave Johnson, Public Works Junior Baker, City Attorney Councilman Terry A. Ficklin excused OTHERS PRESENT Reed Cornaby Matthew Hughes Max Walters Phil Porter Scott Hall Jeff Higginson Mayor Brailsford welcomed everyone to the city council meeting. He then talked to the citizens about the work session the council members had earlier. UDOT came and presented to the council in the work session about their plans for the new wetland mitigation site by the sewer plant. This system will be part of our sewer treatment plant, which could prolong the life of our plant for a few more years. The plants that will be used will use the nutrients from the waste for food; this will help in the purification of the waste water. The mayor also mentioned that we had Darrell Miller from our power department come in and explain to the council what the power department is doing and how the city gets it s power. 1. PROCLAMATION ON 3-STEP DISASTER PREPAREDNESS PROGRAM Mayor Brailsford talked about a new program he would like the city to get going on; it is the 3-STEP Disaster program. We have sent letters to the stake leaders who are going get it out to the bishops. This is not a church program, it will be a city program, the reason we want to involve the church is because they already have the boundaries in place. The

February 20, 2002 page 2 of 8 program was introduced to the emergency preparedness committee a few months ago by Kisi Watkins, who has started it in her city. Mayor Brailsford then read the proclamation to the council. Motion By: Councilman Reid Nelson to have the mayor sign the proclamation on the 3- STEP Disaster Preparedness program. Seconded By: Councilwoman Vicki Peterson. Vote: All Affirmative (4-0). 2. HIGH SPEED INTERNET Mayor Brailsford stated that we have two companies that have come to the city wanting to put up high speed wireless internet. The two companies are; Wasatch Wireless and Steve Griffith. Dave Johnson and Jeff Nielson went with Wasatch out to Eagle Mountain where they are set up out there. They were both very impressed with the speed. The transmitters are very small, about 6 high, and look kind of like a cup. With Wasatch Wireless we would put up front $44,000; we figure the payback would be about 18-20 months. Steve was also putting together a bid for us, but we have not seen it yet. The cost to the citizens would be a $39 monthly payment, and a $250 set up fee (there has been talk that if someone were to bring in five other people, the set up fee would be dropped). Mayor asked Attorney Junior Baker if we had to find out what kind of bonding we need to have with them, to make sure we do not lose our money. Attorney Baker stated that we will need to come up with some agreements, but for now we can continue to proceed with negotiations. Dave Johnson was wondering if we legally have to have a franchise with them, Attorney Baker stated that it is undecided if you can have a franchise for air waves. Mayor Brailsford stated that we will proceed to looking into this more and begin negotiations and then we will bring it back to the council. 3. EAGLE SCOUT PROJECTS: MATT HUGHES & SCOTT HALL We have two scouts present that wanted to propose their eagle projects. Scott Hall presented to the council that he would like to paint home addresses on the curbs, he would be using the reflective paint, and paint on the front and top sides of the curb. He would have about 4 groups of six people helping him out. There are about 120 homes and each group would take about 25 homes or more. Three people would clean and prepare the site to be painted, while the other three would come behind and paint the address on the curb. Mayor Brailsford mentioned to Scott, that he needs to look out for the black marks on the curb where the citizens will take their garbage can out. We do not want to paint the address on those spots, as the paint will get worn off a lot faster because of the garbage can going over that spot. Most people have the same routine, and put the garbage can in the same place each week.

February 20, 2002 page 3 of 8 Scott mentioned that the neighborhood he would be painting is up in South Valley View Subdivision, he also mentioned that his dad helped him come up with this idea. The Mayor asked if the fire hydrants have the reflective blue strip on them up there, Councilman Nelson mentioned that they do. Scott has already talked to Councilman Boman to get it approved. Scott has also talked with Dave Johnson about the paint. He would like to start on it this Saturday if the weather permits. Matt Hughes also presented to the council his eagle project. Matt mentioned that he has been playing ball at the ball fields for a few years, and noticed that the dugouts and snack shack need to be painted. He started the process of his eagle project and got it approved last year, when Roger Forsey was over the recreation. Since then their has been a few changes. Roger wanted them painted the same color as the recreation office; Bob Wright felt that after September 11, he should paint them red, white and blue. Matt handed out some pictures of the dugouts and buildings. Mayor Brailsford stated that in department head meeting last week, we discussed that we would need to tear down the old dugouts. This would be a good eagle project; we would provide the truck to put the scraps in, and then have the scout tear down the old dugout. The city would put in a new chain link dugout. The old dugouts have been nothing but a problem and each year we have to do some kind of maintenance on them. Mayor asked Matt if it would be a problem, Matt stated that it would not. Matt also went on to explain that between the shed and the snack shack there is about 1800 sq. footage to be painted. Also the gable on the shed has a few boards that need to be replaced. He would need to have about 18 to 20 gallons of paint, and some 2 masking tape. Mayor Brailsford told Matt to ahead and to work with Gary Warner. Max Walters the scout leader was wondering if the painting would be enough for the eagle project, the mayor felt that they could tear down the dugout. Max was a little worried about them running equipment and the safety issues. Mayor stated that we would only have the truck there to put the scraps in, we would also take care of the major demolition, but the scouts could use sledge hammers to tear down the rest and do the cleaning up. Mayor Brailsford stated to go ahead with the paining, and to work with Gary Warner on getting the paint. Mayor also thanked the two scouts for coming in, and wished them the best of luck. Councilman Dale Boman noted that the time was 8:02, he had the council hold some signs stating that we were in the year 2002, the date was the 20 th day of Feb. (20/02) and the time (military time) was 20:02. He mentioned that this does not happen only in a few hundred years.

February 20, 2002 page 4 of 8 4. APPROVE MINUTES OF FEBRUARY 6, 2001 On line 46, take out the question mark; line 57 change east to north; line 59 change the word decretive to decorative; and line 65 to read that Salem Canal Company has a pipe, MOTIONED BY: Councilman Dale Boman to approve minutes with said changes. SECONDED BY: Councilwoman Vicki Peterson. VOTE: All Affirmative (4-0). 5. APPROVE BILLS FOR PAYMENT Councilman Wills had a question on the Dahl Construction, wondering how much the contract was for; Dave Johnson stated that the invoice was correct. Mayor Brailsford had a question on Chemtech Ford invoices, and would like Jeff Nielson to look into how often we get invoiced from them. Also, we need a job order number (P.O. #) on LEI s invoice before the mayor will sign it. MOTIONED BY: Councilwoman Vicki Peterson to approve the bills for payment. SECONDED BY: Councilman Reid Nelson. VOTE: All Affirmative (4-0). 6. PUBLIC SAFETY Police Chief Brad James mentioned that the DARE graduation was tomorrow night (2-21-02) at 7:00 PM over at the Salem Elementary School. He also mentioned that they have a new digital camera that they got for free through the animal control. Officer Dibble s Ford Explorer s ABS system is out and Smith s Auto is trying to fix it, but they are not sure what is wrong with the ABS system, they have called the manufacture, and they still can not figure it out. 7. OPEN DISCUSSION The council wanted to talk about Robert Nelson s letter that was given to the council members. They mayor stated that it was ok for Robert to do what he wanted to do. But Councilman Nelson was wondering about the question of being able to go back five years, the mayor stated that it is something we can not do, and he has already talked to Robert Nelson about that. The council also wanted to talk about the draft of the resolution establishing the value of water shares due upon annexation or development. One thing we need to look at adding, so the issue with Robert Nelson does not happen again. We need to look at putting a time limit on the bond. It was stated that if we have the person do cash in lieu of, then their

February 20, 2002 page 5 of 8 would not be a bond and no need for a time limit. The mayor talked about instead of getting the 5% discount for bringing in cash rather than water rights, that we could change it to a 10% discount. But also to look at what South Valley Water, water rights are going for. Councilman Wills asked if we the city can sell water rights, Attorney Baker stated that we can not sell the water rights. Councilman Will s stated that we should move forward with the resolution with the 10% discount and see how it goes, if developers decide not to do it, and then we can reevaluate it. The mayor stated we can leave it the way it is, but put the discount in. Dave Johnson, was wondering when the mayor will re-look at the restriction that was placed for no more subdivisions. He has had a few developers wanting to know. The mayor stated that with the snow pack not being good this year we might be able to look at it around July or August. We need to be concerned with the water, and how we do not have that much this year. The snow pack is way down this year. The mayor wishes we could see how much water the aquifers have, but there is really no way to tell how much water we have. The mayor feels we need to leave the letter in place or until the council can see some reports and studies to show how much water we have. For right now, we are still way down from what our water should be. Councilman Wills stated that we are at 69% of average snowfall, and total precipitation is at 78%. The mayor stated that we need to be at 165% above normal to fill the aquifers, because of the past years without much water. COUNCIL REPORTS 8. MAYOR RANDY A. BRAILSFORD Mayor Brailsford talked about what has been going on with CUP; he has a lot of people doing research on it. He has a meeting tomorrow night with the South Valley Mayors Association. Congressman Cannon has really been helping us out. There is also a meeting tomorrow at 3:30 regarding the water, Don the director at CUP wants to meet with the mayor before the meeting. Congress started the CUP in 1912, 1923 President Hamilton signed it and in 1992 President Bush got it completed to get it out of congress hair. The citizens of Utah County have been paying taxes on it, the taxes are only paying 4% and the federal government would be coming up with the rest. Strawberry is still behind us. A big meeting on the 27 th of February in the Provo Library to show how CUP is going to take the water that is supposed to go to Nephi and how they are going to have it come down the Spanish Fork Canyon and take it on the Murdock Canal in Springville, and take it up to Salt Lake City. The mayor received a Dear Mayor s letter, regarding the residents that go south for the winter (snowbirds). The citizens were wondering about getting a discount on the garbage bill, since they are not there to use the garbage. They were also wondering about water

February 20, 2002 page 6 of 8 and sewer, we can not give a discount on the water and sewer. We are already giving the senior citizens a discount on the garbage. We had the town meeting the night before, we had a pretty good turnout for it, but wished more people would have showed up. Mayor Brailsford went over what was going on in the city with the different issues (CUP, Master Plan, Target Program, Stronger Ordinances, State Highway, Sewer Treatment, Grocery Store, Substation, New Ball Park, and High Speed Internet). Felt it was a really good meeting, the mayor asked if their was anything else the citizens wanted to talk about, they thought what was on the agenda was good. The mayor had Police Chief James talk about the target program that they have going. Chief James stated that if a citizen feels there is an area of concern, the chief will have his officers go to that area and start patrolling it a little bit more, we have also placed the speed meter in certain areas to help with the problems. Chief James also mentioned that the dog clinic did not go as well as what we planned. Mayor Brailsford also wanted to freeze some of the budgets. B&C Roads will be frozen until we get more money in. Engineering Services (Revenue) look into that. Fire Department the miscellaneous is way out. SEMA for the Supplies and Equipment will be receiving a grant, this will help with that. Water Department, and the power we used up at the well, we need to look at doing a propane heater up at the wells, rather than use an electric heater. Sewer Department, look at the equipment supplies & maintenance, and G.P.S. Surveying, see why they are over. 9. COUNCILWOMAN VICKI H. PETERSON Planning and Zoning will be meeting next Wednesday with the Ad Hoc Committee to open the general plan. Councilman Wills was wondering if their was someone on the committee that understands economics, it is important to have someone that does. The mayor stated that with the different people and with the different committees it has to go through, that hopefully we will have someone that will catch it. 10. COUNCILMAN DALE R. WILLS Councilman Wills stated again the water percentages; we are at 69% for water and 79% for precipitation. Earl Davis had started the study with the South Valley Water Group to find water in the area, the proposal just came in, for $37,000 and our share would be $2,222.07 for Salem city. Councilman Wills is the treasure for the group and feels that we may not have to pay that amount, because they may have some grant money coming in. If they do not have the money, then we would have to get approval from the council. The amount is based on the populating in the area. Councilman Wills proposed that we proceed on with the study. Councilman Wills was also wondering about other sewer lines that we could have Val Carter come in and do. Todd had told Councilman Wills that on 240 East, we have had

February 20, 2002 page 7 of 8 problems with tree roots coming into the line. It was mentioned that we would have to have someone come in and clean it out real good; we also have other lines that are worse than that. It would be nice to look at some of these other projects. We can let Val know of some of these other areas and have him give us a price quote on them. Councilman Wills also asked Dave Johnson if he had a chance to talk to UDOT on the road by Far West Bank. Dave stated that he had talked to Gregg, and they will put a drain box in when the highway is redone. Councilman Wills also stated that when Linton Meadows paves the road for their subdivision, that we should look at doing our half at the same time, we would be responsible to cover about a 10 wide strip for the length of the road. 11. COUNCILMAN REID W. NELSON Councilman Nelson talked a little bit about how he met with Darrell today and what was going on with UP&L. Also told Darrell that anytime he has contact with Mr. Rodebeck from UP&L to let him know. Right now UP&L has sent information on the inventory up to Portland and they will send it back with the costs of what they want. Councilman Nelson needs to get with Attorney Baker in regards to the Bart Mortonson agreement. 12. COUNCILMAN DALE BOMAN Councilman Boman wanted the mayor to share with everyone about the letter that the Health Department had sent to the city. The mayor stated that the letter said we have a health issue with all of the ducks and geese on the pond. They leave their dropping on the beach, on the tables, etc. We need to try and do something about how many ducks and geese we have at the pond. Councilman Boman was also wondering if there is anything we could be doing while the pond is low. The mayor stated that we are working on having the employees clean up some of the garbage around the area. 13. DAVE JOHNSON, PUBLIC WORKS DIRECTOR Dave was wondering if Attorney Baker had talked to Mike Daley. Mike Daley lives on 8800 South and has deeded the city some of the land by his home that he uses for a driveway. Mike would like to do an easement instead of the deed. The road is getting a lot of pot holes in it, he stated that the neighbor is using it a lot, which is causing a lot of the pot holes. It is a public road, but with the agreement that Mike will keep it up. When 1000 North is completed in the future, we will deed that property back to Mike, this was in the agreement. If we do deed it back to him, will he still be doing the upkeep on it? Also we would probably have a lot of problems from the neighbor coming in and

February 20, 2002 page 8 of 8 trying to reverse what we have done, and we may even have a few problems with trespassing calls. It was asked if we see any advantage in transferring the deed over. The Council felt their would not be an advantage to deeding it back. Mayor asked if anyone else had any more questions. Close Council Meeting. MOTION BY: Councilman Reid Nelson to close city council meeting. SECONDED BY: Councilwoman Vicki Peterson. VOTE: All Affirmative (4-0). MEETING ADJOURNED AT: 9:30 PM Jeffrey Nielson, City Recorder