Regular Council Meeting Minutes s1

BEAR RIVER CITY REGULAR COUNCIL MEETING MINUTES November 2, 2016 7:00 pm Civic Center

Welcome and introductions: Mayor Anderson Pledge of Allegiance Invocation by Council Member Dallin

COUNCIL MEMBERS PRESENT: Mayor Bruce W. Anderson, Council Members Patti Andersen, Bruce Blake, Jared Holmgren , Josh Dallin, Town Clerk Sue Ann Holmgren, Deputy Clerk/Treasurer Carol S. Andreasen. Absent: Kendall Julander

VISITORS: Ryan Anderson, Heather Checketts, Det Blanchard, Abby Frost, Tim Frost, Gil Miller, Fred Anderson, Kim Weis, Steve Weis.

MINUTES – Council Member Blake stated on Page 2 under new business license ordinance, line 8 the word fiber needs to be changed to wool. He also stated on page 3 under TAP projects , line 5 ad "ed" on detail and "may be" make one word. Council Member Andersen stated on page 3, 3rd line from the top, take out the word an. Council Member Holmgren motioned the minutes of October 5, 2016 be approved with the above mentioned changes, second by Council Member Dallin, all voted in favor.

DATE OF NEXT MEETING – The next meeting is scheduled for December 9th at 5:00 pm. A Work Meeting will be held on Wednesday, November 30th. Council Member Holmgren motioned the December Council Meeting be changed to December 9th at 5:00 pm. Council Member Dallin seconded the motion. All voted in favor.

BILLS – Department heads reviewed and initialed bills to be paid or which have been paid. The bills were read aloud. Recorder Holmgren stated she signed her own checks because Council Member Julander was out of Town and could not sign it. Council Member Holmgren motioned the bills be approved with Council Member Blake seconding the motion. All voted in approval.

DET BLANCHARD REPORT – Det Blanchard handed out to the Council an incident report for the month of October. The Council reviewed the report. Theft is on the rise.

1ST QUARTER FINANCIALS – Council Members reviewed and initialed 1st quarter financial reports.

FIELD DRAINS AND TOWN DRAIN SYSTEM – Fred Anderson stated when Todd Grandstaff installed the water line to his property on 6200 North, he damaged the field drains. Fred stated the field drains were not marked when the work was done and now the drains are leaking. Fred would like a citation to be issued to Todd Grandstaff for damaging the field drains and not repairing them. He is hoping this will give him the right to put a lien on the property. Bear River City Land Management and Development Code section 3.29 states: Any contractor, homeowner, developer, etc. who encounters and/or damages a field drain during excavation or construction shall restore the damaged portion of the field drain to proper working condition and properly bed and backfill it to protect from settlement and damage at the contractor, homeowner, or developer's expense. Fred would like the field drains marked. Mayor

Bear River City Council Minutes 11/2/16 Page 1 of 4 Anderson will meet with Zoning Administrator Keith Cook. Fred would like the Mayor to get back with him as soon as possible. Fred stated on the property line he will put in a 36 inch culvert so it can be accessed and cleaned out. Mayor Anderson will let Fred know what is decided.

SEWER ORDINANCE – Gil Miller stated the biggest change was to make it so those who were having to hook on to the sewer, if they could show their economic need, the city council may work out a payment plan. They would have to demonstrate the need. It is permissive.

Deputy Recorder Andreasen's questions – First page under the definition of "Certified Contractor" second line says hired by the City, she suggests it say hired or appointed by the City. Page 4, section 7, take out the word "Required". Section 7.1, place comma after "lot line" and "home". Also, in Section 7.1, C, change "pre-exist" to "pre-existing". Page 6, Section 7.7 Waivers, Third line sentence starting with "Acceptable" seems contradictory with 7.6. Council Members have no issue with this. Page 8 last part of first paragraph where it states no tunneling will be permitted unless permission given. Deputy Recorder Andreasen stated they use to like them to tunnel under the roads rather than dig them up. Gil stated with our high water tables, tunneling might be unsafe. Council Member Holmgren stated that there would be no way to backfill or bed it. The roads would settle and you would have to fix the road anyway. Page 15, Section 13 tests, 2nd paragraph 3rd line does not make sense. We need to ask Dave Ormond. Council Member Holmgren thinks there should be a comma after the work trenches. Page 17, Section 16.2 Deputy Recorder Andreasen stated she thought this ordinance was supposed to eliminate the City for being responsible for the sewer between the main and the property line. Gil stated if it is in the street the City is responsible. Council Member Holmgren stated we are the only City in the State that does this, that is why he had asked specifically for this to be removed from the ordinance. Main Sewer line to home is the homeowner's responsibility. Remove 1st 3 paragraphs and keep the last paragraph. Section 16.1 should say "main line" not "property line". There will also be grammatical errors corrected. Council Member Andersen motioned to approve the Sewer Ordinance as amended with the amended drawings. Council Member Holmgren seconded the motion. All voted in favor.

BUSINESS LICENSE ORDINANCE – Deputy Recorder Andreasen had questions about the Door to Door Solicitation section of the Business License.

1DOOR TO DOOR SOLICITATION section of Business License proposed

The following is a section of an ordinance Gil Miller obtained which has been vested by some city attorneys. Much of the document is word for word with the sample ordinance prepared by the ULGT.

However, this ordinance does not contain the following which the sample ordinance contained: 1. No Other City License or Approval Required 2. Definitions for: Advocating, Appeals Officer, Appellant, Application Form, Business, Certificate, 3. Charitable Activities, Charitable Organization, Entity, Licensing Officer, Religious Belief, Submitted in Writing, Waiver 3. Exemptions 4. Solicitation Prohibited 5. Registration of Solicitors 6. Contact Information 7. When Registration Begins 8. Issuance of Certificates 9. Annual Certificate 10. Renewal Certificate 11. Denial, Suspension or Revocation of a Certificate of Registration 12. Appeal

This ordinance does not have an exemption to allow fundraisers like we had talked about before. Recorder Holmgren asked Deputy Recorder Andreasen if we added this information and the exemption for fundraisers would this be a good ordinance. Deputy Recorder Andreasen answered it would basically be modeled like the trust suggests. It may be more than what we want. Council Member Dallin stated he thinks these things Deputy Recorder Andreasen suggested are vital to the Ordinance. Business Licenses are due the end of January, so this really needs to be finished. Gil suggests taking a good look at all the ordinances in the packet and make sure this is what we want. Council Member Dallin would like Council Member Julander to be present when this is reviewed. Mayor Anderson suggested having a work meeting. Deputy Recorder Andreasen suggested having the meeting in November. The Council decided to have a Work Meeting on November 30th at 7:00 pm. Deputy Recorder Andreasen asked what the Council would like her to have done on the Business License Ordinance by the November 30th work meeting? Gil suggests working on the differences between the Fillmore Ordinances and the Trust's, dealing with door to door.

RONALD LYNN JENSON PROPERTY BOUNDARY ADJUSTMENT APPLICATION – This is a slight change to align everything with what the survey shows. Council Member Andersen motions to approve the Ronald Lynn Jenson Property Boundary Adjustment Application. Council Member Holmgren seconded the motion. All voted in favor.

HISTORY BOOK ORDER – We have orders for approximately 143 books. Deputy Recorder Andreasen asked how many books do we wanted to order. Do we want to order extras? Council suggests buying 200 books. Do we want to place a book in the local libraries? Council would like this. Council Member Dallin suggests putting a book in the USU Library also. Council Member Holmgren motions to order extra History Books which would cost the Town approximately $1000. Council Member Dallin seconded the motion. All voted in favor.

REQUEST FOR DONATION TO CENTURY ELEMENTARY RED RIBBON WEEK – Mayor Anderson would like to donate $200 to Century Elementary for Red Ribbon Week. He believes it to be a worthy cause. Council Member Dallin would like next year to challenge the Honeyville, Corinne and Elwood to do the same. Council Member Holmgren motioned to approve donating $200 to Century Elementary for Red Ribbon Week. Council Member Blake seconded the motion. All voted in favor.

UPDATE ON COMPLAINTS AND ACTION TAKEN – None

VACANCIES IN COMMISSIONS, BOARDS, & COMMITTEES – Planning Commission

DEPARTMENTS – Ryan Anderson is going to try to set the Dog Clinic up for March 18th from 10:00 am to 12:00 pm.

Bear River City Council Minutes 11/2/16 Page 3 of 4 SESQUICENTENNIAL - On Election Day Deputy Recorder Andreasen asked Cindy Ormond to come up with some old fashioned ornaments that people can make to decorate the Town Christmas Tree, when they come to vote.

LIBRARY – The library will be open on Tuesday evenings from 6:00 pm to 8:00 pm.

FLAGS – Council Member Dallin will make sure flags will be up on Election and Veterans Day.

CITY COUNCIL AND PLANNING COMMISSION CHRISTMAS DINNER – The dinner will be held on Friday, December 9th at 6:00 pm at the Gray Cliff's Lodge. Mayor Anderson asked the Council what they thought about asking Casey Porritt and Derek Checketts to this dinner. The Council agreed this would be a good idea.

SEWER AND UTILITY DELINQUENTCY – Darin Huff, Rex Iverson, Curtis Standard and Rod Tolboe are all very delinquent. Deputy Recorder Andreasen would like to know if she should pursue these outstanding balances. Council Member Andersen stated Joni should pay the Iverson bill and Rod Tolboe should pay his bill. We were in the court process of Darin Huff's and that is when he died and everything got dropped. We would have to start over on this one. Curtis Standard house is up for short sale.

YOUTH COUNCIL COMMUNITY DANCE – The dance is on Friday, November 4th.

PUBLIC COMMENT – None

UNFINISHED BUSINESS – None

ADJOURNMENT - Council Member Holmgren motioned to adjourn at 8:48 pm. Council Member Dallin seconded the motion, all voted in favor.

Minutes approved on November 30 , 2016.

______Sue Ann Holmgren, Town Clerk Bruce W Anderson, Mayor