TREMONTON CITY CITY COUNCIL MEETING September 18, 2007 CITY COUNCIL WORKSHOP

TREMONTON CITY CITY COUNCIL MEETING September 18, 2007 Members Present: David D. Deakin Lyle N. Holmgren Jeff Reese Stanley Stokes Max Weese, Mayor Byron Wood Richard E. Woodworth, City Manager Alyson Draper, City Attorney Darlene S. Hess, Recorder CITY COUNCIL WORKSHOP Mayor Weese called the September 18, 2007 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. In attendance were: Mayor Weese, Councilmembers Reese, Wood, Stokes and Holmgren, Manager Woodworth, Attorney Alyson Draper, Paul Fulgham, David Nance, Steve Bench, and Darlene Hess, City Recorder. The Council reviewed the agenda and discussed the following items: Councilmember Reese told the group that he had visited with several people in East Tremonton about the proposed subdivision in this area. Attorney Draper told the Council that the public hearing is to increase the boundary for future annexation not for the subdivision. Councilmember Deakin came to the meeting at 6:02 p.m. Discussion followed on the north road in the proposed amended Annexation Plan and if lots were given access off of existing roadways. Manager Woodworth discussed the issue that the City has made other developers widen a road. Steve Bench told the Council that they have only required the developer to widen a road if UDOT required the road to be widened. Councilmember Deakin told the Council that the City should have an impact fee for roads. It is not fair to make the developers pay for a road that is not directly benefitting them. Manager Woodworth reported to the Council that the Land Use Development Board is working on getting an impact fee for roads implemented. Councilmember Wood told the Council that the City should make the developer fix the road. Manager Woodworth told the Council that it can be a condition of annexation for the sewer and to widen the road. Paul Fulgham told the Council that they can lower the speed 1

on the road to twenty-five miles per hour as a possible fix. Manager Woodworth told the Council that what we are taught is private property owners rights are supreme as long as they comply with the law. They group discussed market value and the possibility that Kerry Zundel and Ben Brough may think that their new homes are part of the value for the annexation. Their tax value may not be posted for up to two years. Without their value, the developers do not meet the annexation petition requirements for assessed value. Manager Woodworth told the Council that another issue that the East Tremonton people have is that they think that the City should provide sewer for the development. He talked to Dave Church, the Utah League of Cities and Towns Attorney, and Mr. Church told him that the sewer is not an issue. Our policy states that we will make developers hook onto the City s sewer as soon as possible when it is available. The ambulance mechanical problems were discussed. Steve Bench told the Council that the 2004 ambulance and vans have been having problems. So far, the Ford Dealership has paid for the repairs under warranty. The Council discussed the Senior Center/Food Pantry building problems. The County wants the Food Pantry relocate on their property. Manager Woodworth suggested that the Council hold a special meeting to discuss what to do with the Senior Center and Food Pantry. CITY COUNCIL MEETING Mayor Weese called the September 18, 2007 City Council Meeting to order at 7:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont, Tremonton, Utah. In attendance were: Mayor Weese, Councilmembers Deakin, Holmgren Reese, Stokes and Wood, Manager Woodworth, Alyson Draper, Paul Fulgham, Steve Bench, Chief David Nance, Marion Layne, Kathy Newman, and Darlene Hess, Recorder. 1. Opening Ceremony Mayor Weese asked anyone who may be offended by listening to a prayer to step out into the foyer during this portion of the meeting. The prayer was given by Alyson Draper. The Pledge of Allegiance was led by Councilmember Deakin. 2. Approval of agenda Motion by Councilmember Wood to approve the September 18, 2007 City Council Agenda with the postponement of item 3. Approval of minutes - September 4, 2007. Second by Councilmember Deakin. Motion unanimously approved. 3. Approval of minutes - September 4, 2007 2

Item postponed 4. Introduction of guests Mayor Weese welcomed all in attendance. 5. Public Hearing Mayor Weese called the public hearing to order at 7:04 p.m. with 38 people in attendance to consider the following: a. To consider amending the Annexation Policy Plan Mayor Weese asked Steve Bench to outline the boundary in the current Annexation Policy Plan and then show the area being proposed to add in the amended Annexation Plan. Steve Bench told the audience that the area being proposed is only 250 to 300 feet wide coming from the road and running south to the current Annexation Plan boundary. The other property from that point south to Elwood and going across the river toward Deweyville was implemented in previous amendments. Normally lines are drawn along rivers, roads, utility lines. From time to time, there are requests by property owners to increase our Annexation Plan boundary. Increasing the boundary in the Annexation Plan does not guarantee that property will be annexed to the City. Garland City gave approval for Tremonton to add this area to our Annexation Policy Plan in a letter they wrote to the City. Mayor Weese informed the audience that Tremonton City did not request that the property owners annex to the City. Annexation is driven by the property owners. Mayor Weese informed the City that the Harris property on the North side of the road will stay in the County. Mayor Weese called for comments or questions from the Council. Councilmember Wood declared a conflict of interest on this item and Councilmembers Deakin and Reese commented that they wanted to hear what the audience had to say. Gary Miller told the Council that he was representing his mother-in-law who owns property in the proposed area. He asked how far south the Annexation Plan goes. Steve Bench told Mr. Miller that they are only discussing 250 to 300 feet from the road be included in this amendment, and Mayor Weese reminded Mr. Miller that the City does not request annexation of property. The property owners do. Elizabeth Yates told the audience that the proposed boundary runs from James Kay s corner on the west to Hulls corner on the East. Manager Woodworth reminded the audience that this property is currently in the County. The City thought the property was within Garland City s Annexation Plan; therefore, they requested 3

a letter from Garland before they decided to amend the City s Annexation Plan. Councilmember Holmgren asked if the Annexation Plan will include the road? Steve Bench told the Council that generally, an annexation runs along a boundary like roads, rivers, utility, etc. Fred Selman asked if the canal will be included in the Annexation Plan. Steven Bench informed him that it will. Mayor Weese told those in attendance that he would allow twenty minutes for discussion. One person can address the Council or several can talk. Michael Yates submitted a Public Petition or protest to the proposed Brough Annexation Petition to the Council. Mr. Yates told the Council that they do hereby oppose and protest this action and appeal to the Council to deny the request for inclusion to the Tremonton City Annexation Master Plan as a subsequent annexation. The reasons are as follows: A. The annexation policy as stated in the Tremonton City Master Plan clearly states: The following policy guidelines have been established for the Tremonton City annexation program to assure that: 1. Pubic reaction in and around the annexation is favorable. This petition shows overwhelming disfavor for the proposed annexation from those living within as well as those living near the proposed annexation area. This is consistent with section 10-2-407 of the Utah Code. 2. Avoid gaps between and overlaps with the expansion areas of other jurisdictions. Approving this annexation petition will create a jurisdictional gap between Tremonton City and Garland City beginning at the west boundary of the High School proceeding east to Highway 13. 3. Avoid creating islands or peninsula. The proposed stretch of land creates a long, skinny peninsula as well as numerous potential islands. It gives the appearance of inadequate and haphazard growth planning. Reference Section 10-2-407 of the Utah Code. 4. City standard of improvements shall be maintained consistently and contiguously. This narrow peninsula is located too far from Tremonton City improvements and required amenities to make it economically feasible at this time to permit growth. The Tremonton City Master Plan (page 36) further states that utilities and services should be extended to annexed areas as soon as practicable after 4

annexation. Since this will likely be cost prohibitive at this time for a developer, Tremonton City would be required to incur exorbitant expense in the near future to provide these utilities, services and amenities such as sewer as outlined in the Tremonton City Master Plan. This is also why the Tremonton City Annexation Policy Plan additionally states, when feasible, the city favors annexation along boundaries of water, sewer improvements, and the city does not favor the annexation of areas for which it does not have the capability nor the intention to provide municipal services. And finally, homes, buildings, streets, and other amenities will be developed in accord with Tremonton City specifications. The plan and time frame for the extension of municipal services will be determined by the interest of the property owners to subdivide and develop their property. This is understood to mean that Tremonton City will only annex property where all municipal services are readily available and that if a landowner is interested in subdividing their property, they must provide all municipal services. In this case, not all municipal services are readily available to this proposed annexation. Section 10-2-402 of the Utah Code states that if a municipality annexes an unincorporated area it must have the ability and interest to benefit the annexed area by providing municipal services to the annexed area. 5. Annexation of greatest amounts of property possible. This narrow peninsula was selected by the developer solely on account of the favorable attitude of the non-resident property owners involved. This strip of land was purposely minimized and crafted to facilitate annexation. 6. The ability to plan for orderly communities and area-wide development through logical and orderly boundaries of Tremonton City, Box Elder County, and adjacent communities. If this annexation petition is approved, it will create the situation where someone traveling east or west on 1000/12000 North Street - a designated main artery, will be driving in Tremonton City, leave Tremonton City, enter Garland City, and once again enter Tremonton all while traveling on the same street. This situation is discouraged by state ordinance. This is good rationale for leaving the Garland City Master Zoning Plan unaltered. To correct this problem would necessitate the annexation of the High School and properties to the east on the south side of 1000 North Street into Tremonton City. B. Both the Tremonton City Annexation Policy Plan - section (a) (1) and the Tremonton City Master Plan (page 36) state that Tremonton City will plan 5

and prepare for responsible growth, and will assure orderly growth and development. Approving this annexation petition violates nearly every goal and value described in the Master Plan and the Annexation Policy Plan as has been detailed herein. C. Section 10-2-403 and Section 17-41-402 (2) of the Utah Code states that if an area proposed for annexation is within an agricultural protection area it must include 100% of the private landowners in agreement before annexation can be considered. The annexation petition being submitted by Mr. Ben Brough does not include the agreement, by signature, of 100% of the private landowners. D. Due to the many issues related to this narrow peninsula such as, inadequate street infrastructure, imminent traffic problems, irrigation and farm use rightof-way, inadequate drainage, non-ease of drainage, non-perfected/legally recognized roads easements and right-of-ways, public safety near open irrigation ditches, potential riverbank sluff-offs affecting streets and homes, etc. it is believed that it would be in Tremonton City s best interest to deny the subject petition for annexation. Michael Yates told the Council that in the light of the many incongruencies, the subject annexation petition creates with the Utah Code, Tremonton City Master Plan, Tremonton City Annexation Plan and associated ordinances, we believe it is in the best interest of Tremonton City to deny the subject petition for annexation and hereby petition the Tremonton City Council to do so. Laura Selman informed the Council that she personally set up the Agricultural Protected Area in 1998. Ms. Selman told the Council that this protected area runs from Elwood on the south to north of the area being discussed. She has the map in her possession and she had it recorded with the County. Councilmember Reese asked how a person can build a home on land they own if 100% of the property owners in the Agricultural Protected Area have to sign off on it. Laura Selman told Councilmember Reese that if they want to purchase or build a home, they can t complain about the animals in the area. Mayor Weese told the audience that he did not understand why one person doesn t have a problem building in the area and yet others do. Mayor Weese asked Ms. Selman if she would bring the Agricultural Protected map to him in the morning for review. Elizabeth Yates told the Council that if zoning is changed, 100% of the land owners in an Agricultural Protected Area has to sign off on it. 6

Attorney Draper told the Council that we need to review the Annexation Petition prior to approving it. Steve Bench reminded the Council that they were not approving an Annexation Petition, they were talking about increasing the boundary in the Annexation Plan. This is two different things. Diane Harris asked the Council who is responsible for the road when the Council admits there is a problem? Mayor Weese asked Councilmember Deakin to respond to the question. Councilmember Deakin told Ms. Harris that this is an interesting question. He thought the developer would have ultimate responsibility for the road but he is not totally sure. What the Planning Commission has tried to do is make sure to have adequate width for roads that will be a collector road. Ms. Harris asked if the Planning Commission was going to look at the road for the future. Councilmember Deakin told the audience that what the Council is trying to decide tonight is: Do we increase the boundary three hundred feet to include the road. It is an interesting problem. Ms. Harris commented that if they move the boundary, Tremonton City will be responsible for the road. Councilmember Deakin replied that this is the issue. We need to make a decision on whether to accept the boundary or not. We are in hopes that the developers will utilize their property to widen the road during the development. Fred Selman told the Council that in 1909 the North Elwood Ditch Company set up a canal system. When the canal system was developed, farmers in the area contributed a strip of land for the ditches two rods wide. Attorney Draper asked if the easements were on dedicated land? Mr. Selman told Ms. Draper that it is not recorded on their deeds. The canal was set up with levies. In 1950, the road in this area was just a cow trail. When development started, the County laid gravel down on the trail so it was easier to travel. The gravel road was then covered with asphalt. He showed the Council that in one area the property has a dike. One inch of storm water on forty plus acres runs to the corner for drainage. If you put down asphalt, where is the water going to run? Councilmember Deakin told the audience that the City collects impact fees for sewer and water; however, impact fees are not charged for roads. This may be something that we look at in the future. Attorney Draper told Mr. Selman that this is not a condition of annexation. Mr. Selman told Ms. Draper that with any change in the use of land he is concerned what it will do to the ditch. He personally would rather have the property under the direction of Box Elder County than Tremonton City. The County will maintain the road better than the City can. Gary Miller asked why the landowners have to do something that they do not want to do. We don t want our land brought in with the annexation. It will increase our property taxes. What is the City offering for the increase in taxes? Mayor Weese reminded Mr. Miller that Tremonton City is not asking the property owners to annex to the City. Some of the property owners are asking to annex so they can develop 7

their property. In order to annex property, the petition has to have the signatures of the property owners that covers a majority of the private land area within the area proposed for annexation and be equal in value to at least one-third of the value of all private real property within the area proposed for annexation. The City does not request annexation. Attorney Draper again informed the audience that the only issue being discussed this evening is the three hundred feet between the road and the current Annexation Plan boundary. Sandy Kanenvisto told the Council that the road in this area is a major road in Box Elder County. With the new development, she is concerned about the septic tanks coming in. Water drains to the river which will drain to her property. It will affect the ground water. Manager Woodworth told Ms. Kanenvisto that with development, it has to meet with the engineering standards. The engineer will have a clear plan to take the drain water to the river without affecting her property. Ron Hansen told the Council that he parks his trucks on the road. The tanks have hazardous material in them. He asked who will be at fault if someone hits them? Attorney Draper told Mr. Hansen that when you park on the road, you are at risk with the liability. Parking on the road is dangerous. You should not be doing it now. Mr. Hansen told the Council that when it rains, water collects in front of his house and cars have to travel through it. With more development, it will just create a bigger problem. Attorney Draper told Mr. Hansen that when a subdivision is developed, it has to be engineered to meet standards. You do not have to be concerned with these type of issues at this time. Shelly Lewis told the Council that the residents of the area need to be concerned as this is the beginning of a problem that will come. Curtis Brough told the Council that when they started planning or came up with the idea to annex/develop, they were up front with the property owners in East Tremonton and discussed their plans with them. They have not brought their annexation petition to the Council yet. The issue he thought the Council was discussing this evening is to amend the Annexation Plan to bring in 250 to 300 feet of proposed boundary area to the Annexation Plan. What they plan to do with their subdivision is not set in concrete at this time and has nothing to do with the issue at hand. We can annex with the property already within the Annexation Plan. It was Box Elder County who suggested moving the boundary to the road in order to line up with defined boundaries. Ellis Howard asked the Council what type of impact the septic tanks in the proposed subdivision will have as they drain to his area? Attorney Draper told Mr. Howard that the Council is not talking about the subdivision and Mayor Weese told him that the drainage will be discussed when the subdivision moves forward after the annexation. 8

6. Common Consent: Mr. Howard told the Council that the road is the next step. If there is a drainage issue, it will come to his property unless the Council guarantees a drainage system will be put in place. Mayor Weese informed the audience that the allotted time for the public hearing has been met. He closed the public hearing at 7:42 p.m. a. Approval of monthly expenditures as indicated on the August Warrant Register Mayor Weese asked if there were any questions or comments from the Council. There were none. He then called for a motion on this item. Motion by Councilmember Holmgren to approve the monthly expenditures as indicated on the August Warrant Register. Second by Councilmember Reese. Motion unanimously approved. 7. New Council Business: a. Consider authorizing Mayor Weese to sign a letter of certification by the municipal legislative body that all necessary legal requirements relating to the boundary change regarding the Simmons Annexation have been completed. Mayor Weese reminded the Council that they had passed an ordinance on the Simmons Annexation Petition. The next step is to certify that all requirements have been completed. Motion by Councilmember Reese to authorize Mayor Weese to sign a letter of certification by the Council to submit to the State of Utah. Second by Councilmember Stokes. Motion unanimously approved. b. Consider Resolution 07-19 requesting the recertification of the Tremonton City Justice Court. Manager Woodworth informed the Council that every four years the court has to be recertified by Resolution. The Court System was thinking about going to one system across the State; however, for now we can still use Caselle. Councilmember Deakin informed the audience that the State feels that there may be a potential integrity issue with the municipalities running the Court System and hiring the Judge. Attorney Draper told the audience that the State is trying to make the Justice Court into a District Court. They may or may not be able to use our 9

current Judge. Motion by Councilmember Deakin to approve Resolution 07-19 requesting the recertification of the Tremonton City Justice Court. Second by Councilmember Holmgren. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. c. Consider Resolution 07-20 amending the Articles of Incorporation to include the Simmons annexation. Motion by Councilmember Wood to approve Resolution 07-20 amending the Articles of Incorporation for Tremonton City to include the Simmons Annexation. Second by Councilmember Reese. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. d. Consider Resolution 07-21 amending the Tremonton City Annexation Plan Mayor asked for comments or questions on this item. Councilmember Wood declared a conflict of interest on this item. Councilmember Holmgren told the Council that he would like an answer on the Agricultural Protected Area and what it entails prior to making a decision as he did not know that 100% of the landowners signatures were needed for a zone change, and Councilmember Reese told the Council that he would like to review what Michael Yates had presented before making a decision. Councilmember Reese expressed appreciation for all the comments presented this evening. Laura Selman told the Council that she would bring the map in for their review. It also encumbers the Zito property. Steve Bench reminded the Council that items discussed this evening about nuisances does not prohibit a boundary change. There was no motion so the item was tabled. e. Biennial review of moderate income housing elements of the General Plan Mayor Weese asked how long it has been since we started working with the Housing and Development? Manager Woodworth told him it was in 1998 and annually we have discussed it. Manager Woodworth reviewed the information. He told the audience that when the City entered into a tax incentive with West Liberty 10

Foods, we entered into an agreement with the Bear River Association of Governments to handle the funds. 20l% percent of the money will be set aside in the Oleen Walker Fund to be allocated to the Low Interest Rehabilitation Loan and First- Time Home Buyer Assistance Programs. The tax incentive is projected to generate approximately 1.2 million over a ten year period starting in approximately 2008-2009. Once the ten year period is up, there will be no new infusion of money into the program. Motion by Councilmember Holmgren to accept the information as presented this evening and add the information to our plan as an amendment. Second simultaneously made by Councilmembers Wood and Deakin. Motion unanimously approved. f. Authorization to award 1200 South Road Project subject to being within Budget. Paul Fulgham discussed the bid opening. Bids came in as follows: CONSOLIDATED PAVING Schedule A $ 153,168.00 Schedule B $ 145,698.50 Total $ 298,866.50 LEGRAND JOHNSON Schedule A $ 166,359.50 Schedule B $ 158,290.00 Total $ 324,649.50 JACK B. PARSON Schedule A $ 124,575.00 Schedule B $ 121,480.00 Total $ 246,055.00 8. Comments: Apparent bid considered: Jack B. Parson Schedule A $ 124,575.00 Schedule B $ 121,480.00 Motion by Councilmember Wood to accept the low bid. Second by Councilmember Reese. Motion unanimously approved. Councilmember Stokes asked if the work has to be completed this year. Public Works Director Fulgham told the Council that the reason the bid was put into two schedules is due to the time of year and the work that is still being done with the new sewer line. If the weather turns cold, the plan is to maintain the road/potholes and do the reconstruction next Spring. 11

a. Administration/City Manager Advise and Consent 1) Ambulance report on repairs and possible Lemon Law replacement of chassis and motor. Manager Woodworth reported that the Fire Department has an ambulance that is having some serious mechanical problems. They are looking at a possible chassis and motor replacement per the Lemon Law. Manager Woodworth told the Council that he will keep them informed on this issue. 2) Senior/Pantry Building update - moved to the end of this section. 3) Special meeting to be called by interested parties regarding the Box Elder County Land Fill Manager Woodworth reported that a special meeting will be called by interested private parties on this issue. He will inform them when the meeting will be held. It will probably be held in this building. The nature of the meeting is the disparity on costs to the residents and how it is being reported to the residents. The cost ranges from $340,000 a year to millions of dollars a year. Mayor Weese told the Council that it will include the County. Councilmember Wood told the Council that the County already has a pit that will last two hundred years. Why should we have to meet the cost of building another one. 4) Park equipment has been ordered for the Wadman donation. Manager Woodworth told the Council that he is excited about the new equipment. It can accommodate 42 children at one time and they exercise instead of just sliding down a slide. There will be equipment installed at the Jeanie Steven s Park and Shuman/Library Park. He showed the Council pictures of the playground equipment. The contribution was a wonderful thing. 5) Manager Woodworth told the Council that he would like them to consider canceling the November 6, 2007 City Council Meeting so the Council Meeting Room can be used for the Election. Elections are normally held in the Senior Center; however, that is not possible due to the problems they are having. 6) Manager Woodworth reported that Mayor Weese and he will be out of the 12

office to attend an Economic Development Meeting and a Homeland Security Meeting on September 27 and October 1 and 2. 7) Update in industrial users and flows to the Wastewater Treatment Plant Manager Woodworth reported on an industrial user s issues. Flows and metering will be continually monitored with the user. The City will be fine as we are working things out with new industry coming on. 8) Box Elder County has taken the lead on the Fire Contract. Manager Woodworth reported to the Council that they will be meeting with Box Elder County and other communities to discuss the Fire Contract. th This meeting will be held September 25 at 7:00 p.m. in Brigham City. A letter was sent out to Councilmembers and should be in their box. They are thinking about forming a Special Service Fire District. There are a lot of pros and cons on Special Districts. Councilmember Deakin asked if our Fire Station will go to the Special Service District? Manager Woodworth told the Council that he didn t think so. The problem is the municipalities who do not have a fire station are short sighted. They don t want to pay their pro rata share of the cost. We have made a fair offer. 2) Senior/Pantry Building update Manager Woodworth told the Council that the City evacuated the building when the ceiling fell. Due to the safety issue, the City went out and got ARW Structural Engineers to give us a report. They told the City that what they have is an unsound building. If the ceilings are repaired, it will be usable; however, if there is a seismic consideration, they can t guarantee that the walls will stand. ARW felt that the kitchen and halls were okay, so we have allowed the staff to prepare the meals on wheels in the building until next week. Patrons will eat at the Fire Station and meals on wheels is not affected. Public Works has a nice facility. We will be moving the kitchen to that facility as soon as possible. Manager Woodworth told the Council that the problem will be with the Food Pantry as they interact with the public. He is more afraid of the gym than the rest of the building as the ceiling is unknown. Kathy Newman is getting a bid on constructing a metal building so they can keep the USDA food separate from the donated items. Storage, docking and refrigeration is being discussed. We are looking at putting up the building next to the Recreation 13

Office as there will be plenty of parking. Manager Woodworth told the Council that there is one bay at Public Works that could be used as storage if it is needed. Jay Westergard told the Council that with a metal building, it will need to be insulated. Kathy Newman told the Council that a 10,000 square foot building - framing and roof only will be close to $90,000 to $100,000. Mayor Weese told the audience that the City is getting a bid on what it will take to repair the ceilings. Attorney Alyson Draper told the Council that the building should be condemned and torn down. The big concern is Tremonton City s liability. If we had an earthquake of 3.9, the building will sustain damage. If a piece of plaster hits a senior citizen, they can not only sue the City - they can sue the Council individually. Manager Woodworth asked if the Council wanted him to also get a bid on demolition? He told the Council that the City can ask for State assistance until we can get something done. We need some time to see where we want to go. Manager Woodworth told the Council that the Museum is out of Tremonton City s hands. We only host the museum items and have nothing to do with the items. Jay Westergard told the Council that people want their items out of the museum. Attorney Draper told the Council that the City cannot allow people to work in the rooms. It is not a problem that the City created. It is an act of God. Jay Westergard told the Council that we need to come up with a solution so the museum items can stay in Tremonton. This is thirty years of Tremonton s heritage. Manager Woodworth told the Council that Jay Westergard and his daughter have taken an inventory in some of the rooms. Attorney Alyson Draper told the Council that she has been ill and asked to be excused from the meeting at 8:39 p.m. b. Council Reports: Councilmember Deakin told the audience that he really enjoyed attending the Utah League of Cities and Towns Convention. It was the best one he has attended so far. Councilmember Deakin told the Council that the class on Bench Marking was the most interesting class he attended. It is something that Manager Woodworth has done some work on. It compares other cities of our same size. Councilmember Deakin told the Council that he would like to sit down and discuss the data presented 14

9. Public comments: in this class. Manager Woodworth told Councilmember Deakin that in order to look at bench marking, you have to know how things are reported and services provided. Councilmember Deakin told the audience that the Pantry and Senior Center will survive. It is sad to see the Museum die. Items will need to be stored somewhere. Councilmember Deakin told the audience that he doesn t have a clear answer on it. Councilmember Wood thanked the tax payers for sending the Council to the th Utah League of Cities and Towns Convention. It was their 100 year celebration and everything was very nice. It was time well spent. Councilmember Stokes complimented the Recreation Department on their programs. He attended a Little League Soccer game at the Jeanie Steven s Park. The park is well maintained and looked nice. Councilmember Holmgren thanked everyone who participated in the public hearing tonight. He appreciated the comments made. nd Roberta Fronk told the Council that she would like them to consider changing 2 East th and 4 North Street to Shumway Street in recognition of Jack and Mildred Shumway who lived in this area for years. Mayor Weese asked that this item be placed on the next agenda. Nancy Fuller asked the Council if there was funding available through the Daughters of the Utah Pioneers that could be used for the Tremonton Museum? Manager Woodworth told the audience that Tremonton City is not in charge of the museum. He will pass this information on to Eli Anderson. Roberta Fronk told Ms. Fuller that the Daughters of the Utah Pioneers in Brigham will not let just anything be placed in their Museum. Ms. Fuller told the Council that the Brigham City Museum is getting grants and suggested that the City contact the Brigham City Director to see if he can help them with a grant. Manager Woodworth told Ms. Fuller that the problem is the City does not own the museum. He will be glad to pass the information on to the Museum Board: Jay Westergard, Roberta Fronk, Sherri Lish and Rita Rhodes. Manager Woodworth told the audience that the issue with applying for a grant is there are no fees collected for service, there are no admission fees charged, and they do not have a sponsor. This causes insufficient operation and maintenance coverage. Roberta Fronk told the Council that the Museum Board liked the museum being located in the Senior Center as there were no costs involved. Everything was free. Councilmember Deakin asked if there has been any discussion about items being utilized in 15

the Wagon Land Adventure Museum? Manager Woodworth told the Council that the Wagon Land Adventure Board objected to items being put on display in their buildings. 10. Adjournment Motion by Councilmember Stokes to adjourn the meeting. Second by Councilmember Wood. Motion unanimously approved. The meeting adjourned at 8:48 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 of the City Council meeting held on the above referenced date. Dated this day of, 2007. Darlene S. Hess, RECORDER 16