TREMONTON CITY CORPORATION CITY COUNCIL MEETING August 4, 2009 CITY COUNCIL WORKSHOP

Members Present: David Deakin Roger Fridal Lyle Holmgren Jeff Reese Byron Wood Max Weese, Mayor Shawn Warnke, City Manager Darlene Hess, Recorder consistency TREMONTON CITY CORPORATION CITY COUNCIL MEETING August 4, 2009 CITY COUNCIL WORKSHOP Mayor Weese called the August 4, 2009 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Weese, Councilmembers Deakin, Fridal, Reese, Holmgren, and Wood, City Manager Warnke, Police Chief David Nance, Zoning Administrator Steve Bench, Public Works Director Paul Fulgham, Recorder Darlene Hess, and Treasurer Sharri Oyler. The Council reviewed the agenda and discussed the following items in detail. Discussion regarding the Council Breakfast. Mayor Weese told the Council he had received a complaint from a lady who attended the Tremonton City Day s Breakfast saying the tables/eating areas at the park were too far away from the kitchen and by the time she walked over to the tables her breakfast was cold. The Council discussed that there were two eating areas at the park, one set of tables was located out near the food vendors in the center of the park, and the other set was near the kitchen. The Council discussed alternate locations for the eating areas. Recorder Hess said the kitchen was uncomfortably warm where the Council cooked the breakfast and suggested a fan be placed in the kitchen if it complies with Health Codes. The Council agreed. Councilmember Fridal said he had received complaints that the line for the breakfast was too long. Some people stood in line for more than thirty minutes. The Council discussed adding one or two more grills. Councilmember Fridal also said his wife would volunteer to help cook at the breakfast. Director Fulgham said the Council served 503 people at the breakfast and from that amount 1

180 were given out for free. The free breakfasts were given mostly to runners in the 5K Run and a few Scouts who stayed overnight to help secure the park. Councilmember Fridal suggested the City title the event Tremonton City Pioneer Day Celebration since the main reason for the celebration is to commemorate Pioneer Day. Steve Bench reminded the Council that the City changed the day of the event a few years ago to the Saturday closest to Pioneer Day to gain better attendance. The Council discussed other events the City has celebrated over the years and how it was previously decided to group them all together and call it Tremonton City Days. Mayor Weese informed the Council that there is a clerical error on 9a of the agenda: winder should be changed to wind. Mayor Weese informed the Council that they will be allowed to handout candy at the Fair Parade. The Jeanie Steven s Park Trail was discussed. The Council discussed the cost of doing the trail around the Jeanie Steven s Park at $82,000 and the IHC Hospital Trail for $188,000. With the economy, the Jeanie Steven s Park is doable with the money already budgeted. Councilmember Deakin expressed his frustration. He told the Council that it is hard to know how to handle the situation. If the Council does not follow through with the trail around the hospital, the Council will probably have to start from scratch if they decide in the future to develop the hospital trail. However with the budget restraints, it is hard to justify moving forward. Mayor Weese told the Council that Eric Packer had spent many hours working on this project. The IHC Hospital has incurred some costs already associated with this project. After some discussion, the Council discussed repaying the hospital for these expenses. Councilmember Wood reminded the Council that they had worked with IHC in waiving building permit fees and other costs associated with building the new hospital. Any costs incurred for the trail would be minimal in comparison to the fees the City waived. City Manager Shawn Warnke told the Council that Rocky Mountain Power has a program whereby they audit businesses on how to save energy. They review our fixtures, equipment and lights to see if replacement will save on the amount of energy used at a savings for the City. There are incentives which they offer and there are Block Grants the Council can apply for to off set the cost of replacement. Manager Warnke informed the Council that he has a meeting in Brigham City next week to discuss this item. City Manager Warnke informed the Council that Utah Local Governments Trust Property Liability Group conducted an audit of the City. They found some areas that need to be addressed with the swings in Parks and Recreation, posting of weight/load limits on 2

mezzanine at Public Works and the Fire Department, bolting of shelves at the Library and sand pinch hazard. Councilmember Reese told the Council that they need to set up a meeting with UTOPIA about Prime-Time TV Programing that was promised to our citizens. He suggested that a representative from UTOPIA come to a Council Meeting to talk to the Council about the issues we have. Mayor Weese told the Council that he feels that the Council will be glad we signed up for UTOPIA when it is up and running. An update was given to the Council about the new well and some issues that have come up with adjacent property owners. Mayor Weese informed the Council of a pending litigation case against the City. The Work Session adjourned by consensus at 6:55 p.m. CITY COUNCIL MEETING Mayor Weese called the August 4, 2009 City Council Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Mayor Weese, Councilmembers Deakin, Fridal, Holmgren, Reese, and Wood, City Manager Warnke, Zoning Administrator Steve Bench, Police Chief David Nance, Public Works Director Paul Fulgham, and Recorder Darlene Hess were in attendance. 1. Opening Ceremony: Mayor Weese informed the audience that he had received no written or oral request to participate in the Opening Ceremony. He asked anyone who may be offended by listening to a prayer to step out into the lobby for this portion of the meeting. The prayer was given by Councilmember Wood and the Pledge of Allegiance was led by Manager Warnke. 2. Approval of agenda. Mayor Weese asked if there were any changes the agenda? No comments were made. Motion by Councilmember Wood to approve the August 4, 2009 agenda. Motion seconded by Councilmember Fridal. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 3. Approval of Minutes - July 21, 2009. Mayor Weese asked if there were any changes or corrections to the minutes? Being none he 3

called for a motion. Motion by Councilmember Reese to approve the minutes of July 21, 2009. Motion seconded simultaneously by Councilmembers Wood and Fridal. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 4. Proclamation: a. Tremonton Firefighter Appreciation Month - August 2009. Mayor Weese read the Tremonton Firefighter Appreciation Proclamation. Mayor Weese said the City s Fire Department collected approximately $7,000 in donations for the Muscular Dystrophy Association. The MDA was organized in 1950 and is the first nonprofit organization recognized by the American Medical Association with a Lifetime Achievement Award for significant and lasting contributions to the health and welfare of humanity. The Fire Department puts in a lot of time and effort for the MDA. Motion by Councilmember Holmgren to approve the Tremonton Firefighter Appreciation Month Proclamation and authorize Mayor Weese to sign the Proclamation. Motion seconded by Councilmember Wood. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 5. Introduction of guests: This item was deleted from the agenda. 6. Common Consent: a. Approval of disposing of library materials and authorizing the sale of the material. Councilmember Holmgren informed the Council that the Library periodically disposes of books kept in storage by selling them at the Library. Assistant Librarian, Sandy Dille, said the Library has several hundred books which have been removed from the shelves. Books are removed when they have not been checked out in three to five years. The books are then put into storage. None of the classic books are removed from the shelves. The books are later removed from storage and sold at the Library at a cost of $1.00 for hardcover books and.50 for paperbacks. Any leftover books are given to thrift stores or are recycled. Sometimes books are given to a company called Better World who tries to sell them on the Internet and a portion of the proceeds are given back to the Library. Mayor Weese asked if the Library is staying busy? Ms. Dille said the Library is busy 4

all the time. The Library just finished their Summer Reading Program. They had 300 children sign up for the Program with 75 completing the Program, and 25 attending the Completion Party. The Library staff feels the Summer Reading Program was very successful. Motion by Councilmember Holmgren to approve disposing of library materials by selling the materials. Motion seconded by Councilmember Deakin. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. b. Approval of disposing of a bid for a 2002 Ford Crown Vic and the acceptance of a bid for sale of the aforementioned vehicle. Chief Nance informed the Council that he had received two bids for the 2002 Ford Crown Victoria which the Police Department no longer needed. The vehicle currently has 99,000 miles. Chief Nance said he had asked other departments in the City if they needed the vehicle and no one else wanted the car. The bids are as follows: Jeremy Rose $750.00 Paul Hunsaker $601.00 Motion by Councilmember Fridal to accept the bid of $750 from Jeremy Rose for the 2002 Ford Crown Victoria. Motion seconded by Councilmember Reese. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 7. Request(s) to be on the agenda: a. Discussion and consideration of approving a reduction on an Ambulance Bill - Bradford Simcox. Bradford Simcox told the Council that he had required the City s ambulance services on June 16, 2009 which amounted to $1912.00 and again on June 17, 2009 in the amount of $1,469.00. Mr. Simcox said his entire income is received from Social Security Benefits in the amount of $1,100.00 per month. Mr. Simcox said he is also paying bills to Bear River Valley and Logan Hospitals along with additional bills from two doctors, as well as dental bills for previous dental repairs. Mr. Simcox has not made any payments on his Tremonton City Ambulance bills as of today. Mr. Simcox does not have any health insurance, however, the hospitals have agreed to reduce his bills at their facilities. 5

The Council discussed City Policy regarding ambulance write-offs which allows for a 30% reduction for City residents. Mr. Simcox is not a resident of Tremonton City. The Council asked Mr. Simcox if he could obtain some type of employment in order to make payments on his ambulance bill? Mr. Simcox lives near Snowville where he worked in ranching and construction and hurt his back which disabled him from continuing with that type of work. There is not any other type of work in Snowville for him to pursue. Motion by Councilmember Holmgren to write off $1381.00, leaving a balance of $2,000, on Bradford Simcox s ambulance bill as along as regular, interest free, payments of $50.00 are made each month. If the payments become delinquent, then the full amount of the ambulance bill will be imposed. Motion seconded by Councilmember Wood. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 8. New Council Business: a. Discussion and consideration of adopting Resolution 09-26 establishing the Certified Tax Rates for 2009. Manager Warnke informed the Council that the City had received the Annual 2009 Proposed Tax Rate which residents are required to pay. The Council adopted the 2009/2010 Budget which included the Certified Tax Rate. Mayor Weese said this tax payment will generate $895,433 in tax income for the City. Councilmember Deakin commended Manager Warnke for researching and getting corrections made to the Property Tax Rates. Manager Warnke said it was a group effort. Motion by Councilmember Reese to adopt Resolution 09-26 establishing the Certified Tax Rate for 2009 of 0.002714. Motion seconded simultaneously by Councilmembers Wood and Holmgren. Vote: Councilmember Deakin - nay, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved by majority vote. b. Discussion and consideration of developing a loop trail in Jeanie Stevens Park. Manager Warnke said the City Engineer estimated the cost of constructing the Walking Trail at Jeannie Stevens Park at $82,800. The trail at the hospital will cost $189,000. The Council previously budgeted $100,000 for a trail which makes the Hospital Trail over the allotted amount. 6

The Council discussed the option of setting up separate phases for the trail by starting phase one at Jeannie Stevens Park and finishing phase two at the hospital at a later date. Hospital Administrator, Eric Packard, was in the audience and was asked by the Council how he felt about this situation? Mr. Packard said the choice is up to the Council, however, when the hospital was approached by the City with a request to install a walking trail around the new hospital, they went ahead and left a portion of their landscaping unfinished to accommodate for the trail. The hospital administrator has already invested a lot of time, energy, and money into this project. If the Hospital Trail is not approved at this time, the hospital will have to go through the entire process all over again. Officers at the hospital are hesitant to put in the effort again, and there is the possibility of it falling through a second time. Mr. Packard said the hospital wants to maintain a friendship and continue to be partner with the City. The Council discussed unforseen budget expenses and losses and said that this is an unusual economic year. Motion by Councilmember Wood to authorize the City to go forward with the Walking Trail at Jeannie Stevens Park. Motion seconded by Councilmember Reese. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - nay, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved by majority vote. 9. Planning Commission recommendation(s): a. Discussion and consideration of approving Ordinance 09-16 amending Chapter 1 and adding Chapter 1.28 of the Tremonton City Zoning Code establishing regulation of the construction of small wind energy system. Administrator Bench informed the Council that the City Attorney had put together this Ordinance to provide regulations for the use of Small Wind Energy Systems in the City. Councilmember Deakin said the Planning Commission held a Public Hearing regarding this issue and received no objections. The Planning Commission is comfortable with the Ordinance. The Council discussed areas in the City which would accommodate this type of system and how this is a start for the City to move toward Green Energy. Administrator Bench said the Ordinance requires ½ acre lots for installation of the systems. 7

10. Comments: Mayor Weese asked if there were any questions regarding this matter? No other comments were made. Motion by Councilmember Deakin to accept Ordinance 09-16 amending Chapter 1 and adding Chapter 1.28 of the Tremonton City Zoning Code establishing regulation of the construction of Small Wind Energy System. Motion seconded by Councilmember Fridal. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. a. Administration/City Manager Advise and Consent 1. Rocky Mountain Power Find and Answer Program Manager Warnke informed the Council of a program implemented by Rocky Mountain Power to audit power users and make recommendations where improvements to conserve power could be made. Rocky Mountain Power also offers incentives toward upgrading various facilities and appliances. Administrator Bench and the City Engineer, Chris Breinholt, will work with Rocky Mountain Power on walkthroughs throughout City facilities at the end of August 2009. 2. Utah Local Government Trust Walkthrough Manager Warnke told the Council that Utah Local Governments Trust conducted an insurance audit walkthrough in the City and found only minor corrections. One incident involved park swings where the City will make upgrades. ULGT will generate a report of their findings for the Council. b. Council Reports Councilmember Wood suggested the local newspapers run an advertisement asking citizens to make contributions toward the Hospital Trail. Director Fulgham said the City had tried to obtain grants for the Trail and found it very difficult to qualify for these type of grants. Councilmember Fridal said he was uncomfortable with going back on the agreement with the Hospital Walking Trail, however, he understands the position the City is in at this time. 8

Councilmember Holmgren said the Tremonton City Days Celebration was a great success, especially the Root Beer Chugging Contest which he participated in. The Celebration had a good turn out. Mayor Weese said the Tremonton City Days Celebration was well attended and he thanked everyone involved. 11. Public comments: Comments limited to three minutes. No public comments were made. 12. Adjournment: Motion by Councilmember Deakin to adjourn the meeting. Motion seconded by Councilmember Wood. Vote: Councilmember Deakin - aye, Councilmember Fridal - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. The meeting adjourned at 7:54 p.m. The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes for the City Council Meeting held on the above referenced date. Minutes were taken by Shirley Colvin. Dated this day of, 2009. Darlene Hess, Recorder 9