Regular City Council Meeting of Monday, August 20, 2007 6:30 P

REGULAR CITY COUNCIL MEETING OF WEDNESDAY, MARCH 4, 2009 @ 6:00 P.M .

MAYOR CALLED THE MEETING TO ORDER AT 6:00 P.M.

1. ROLL CALL: Present: Mayor Brett Shelton Councilmember Gary Bean Councilmember Heather Castagno Councilmember Mike Crawford Councilmember Sheryl Parsons Councilmember Ira Sly City Treasurer Darlene Trammell City Clerk/Recorder Tammera Weyland

Excused: City Administrator Glenn Wadsworth

OTHERS PRESENT: Kirk and Sandi Patten (WCFD), Chris Melville (WW City), Cathy Bean, Roy & Leanne Briggs (WW City), Duke North (TCSO), Jeff Morgan (TCSO), Ronnie Johnson (TCSO), Tia Rowley (TCSO), Thomas Wood (WCFD), Corrine Copelan

2. PLEDGE OF ALLEGIANCE: Led by Tammera Weyland

3. APPROVAL OF REGULAR CITY COUNCIL MEETING MINUTES OF FEBRUARY 18, 2009 Motion by Gary Bean, second by Ira Sly to approve regular City Council meeting minutes of February 18, 2009. All in favor, motion passed.

4. DEPARTMENT UPDATES: A) SHERIFF DEPARTMENT: Introduction of Jeff Morgan, newly appointed officer over patrol. Drug task force arrested two individuals with $8500 in drugs. Drug disposal container still in grant process. Juveniles involved in graffiti have not been arraigned yet. Sheriffs department would like to assist in Community service projects. Graffiti aerosol detector machine in process; Council needs to make decision on purchasing it. Deputy Roy Wilder is still in training and will be here in June to replace Jason Abrams. B) FIRE DEPARTMENT: Airport terminal passed fire inspection. Brian Thatcher assisting with inspections. In May, people will be sent for certification training. Next hydrant pressure test date is unknown. C) UTILITY DEPARTMENT: Water coming in at 145 gpm D) TREASURER: Still working on fire department request for taxes taken out of checks. Darlene requested to be able to go to a retirement training class for ½ day. Received insurance agreement for the year, needs Mayor’s signature. E) CLERK/RECORDER: None F) PLANNING AND ZONING: None

5. MARK BELL CITY ATTORNEY UPDATES/PENDING MATTERS AND MATTERS RELATED THERETO.

Items taken out of order (I) FIRE DEPARTMENT WORKERS: MAKE PAYMENTS TO MEMBERS OF FIRE DEPARTMENT SUBJECT TO TAX WITHHOLDING, RECEIPT OF

1 YEAR-END IRS W-2 FORM AND RELATED MATTERS. DISCUSSION/DECISION AND POSSIBLE ADOPTION OF RESOLUTION. Recommendation to have City honor request of taking taxes out of checks. Motion by Heather Castagno, second by Sheryl Parsons to approve Resolution 2009-03 in regards to withholding taxes out of Fire Department members’ compensation. All in favor, motion passed.

Items back in order (A) FRIEDA PRUETT ESTATE-CATHIE BELL, DISCUSSION OF PROPERTY LOCATED AT APPROXIMATELY 565 EAST PEQUOP AVENUE (PARCEL 1-257-12), NUISANCE, AND DEBRIS ON PROPERTY, TOOELE COUNTY’S NOTICES, AND CITY’S NOTICE OF VIOLATION, DISCUSSION AUTHORIZATION TO ENTER PROPERTY FOR CLEANUP PURPOSES, POSSIBLE CONVEYANCE OF PROPERTY TO CITY, DECISION Contact with Ron and Chris Gillespie. Chris Gillespie is the administrator of Ray Pruett estate. They are interested in conveying the property to the City in exchange for City’s agreement not to charge for clean up expenses. Motion by Gary Bean, second by Sheryl Parsons to remove agenda item until further notification of updates is needed. All in favor, motion passed.

(B) SELECTION OF CODE ENFORCEMENT NOTICE AND MATTERS RELATED THERETO DISCUSSION/DECISION. Recommendation to table until April 1, meeting to approve forms by resolution. Mark will contact Gary Bean and Glenn Wadsworth to go over code enforcement notices. No Action.

(C) ADOPT OR REJECT ORDINANCE 2008-03 AN ORDINANCE OF THE CITY OF WENDOVER, TOOELE COUNTY, UTAH ADOPTING STANDARDS FOR PROPERTY AND BUILDING MAINTENANCE AND FOR CLEANING OF REAL PROPERTY, WEED CONTROL AND GRAFFITI REMOVAL AND MATTERS RELATED THERETO. DISCUSSION/DECISION Ordinance has been renumbered 2009-03. Mark is working on a Chapter 3 for Ordinance 2009-03, which will include suggestions for handling junk cars and their removal. Motion by Heather Castagno, second by Sheryl Parsons to approve Ordinance 2009-03 adopting standards for property and building maintenance and for cleaning of real property, weed control, and graffiti removal. All in favor, motion passed.

(D) APPROVAL OR REJECT FRONTIER’S RECOMMENDATION TO RELEASE OUSEL CONSTRUCTION FROM MOUNTAIN RIDGE BOND OBLIGATIONS AND MATTERS RELATED THERETO, DISCUSSION/DECISION Mark has been in contact with Tooele Title Company; title search will cost $3000 as property search is complex involving 49 approved units/lots. Recommendation is to have City decide to spend money on title search or to retain a law student to research re-enforceability of City’s development requirements in relation to current property owner(s). Mayor Shelton stated that he would like to wait it out for the insurance company and see if they come out of rehabilitation. Councilmember Crawford suggested putting a lien on the property. Mark Bell doesn’t recommend filing a lien. He will research if lien is possible or suggestion of sending notice to owner that they owe the money.

2 Motion by Heather Castagno, second by Sheryl Parsons to forward agenda item to April 1, meeting. All in favor, motion passed.

(E) DISCUSSION AND DECISION REGARDING APPROVAL OR DISAPPROVAL OF SETTLEMENT AGREEMENTS AND ANY RELATED DOCUMENTS IN THE CASE OF CITY OF WENDOVER V. CITY OF WEST WENDOVER AND MAYOR THAUT, NO.2:03CV00523 TS, UTAH FEDERAL DISTRICT COURT, REVIEW/COMMENT/ACTION All documents are now complete. Motion by Mike Crawford, second by Ira Sly to approve Resolution 2009-02 approving the settlement of litigation pending between the City of Wendover, Utah and the City of West Wendover, Nevada and authorizing the Mayor of Wendover, Utah to execute documents related to the same. All in favor, motion passed unanimously by roll call of Council members.

(F) APPROVAL OR DENY PROVIDING FOR THE GRANTING, RENEWAL AND ENFORCEMENT OF A NONEXCLUSIVE FRANCHISE WITH CENTRAL TELECOM SERVICES (CENTRA COM) AND PRECIS CABLE AND THE TERMS AND CONDITIONS THEREOF. DISCUSSION/DECISION. Mark Bell still waiting for response from George Lee in regards to changes of agreement. Motion by Sheryl Parsons, second by Gary Bean to forward agenda item until April 1, meeting. All in favor, motion passed.

(G) RECOMMENDATIONS FOR THE CITY OF WENDOVER TO PROVIDE COMMUNITY SERVICE HOURS ASSIGNED BY THE COURT(S) AND MATTERS RELATED THERETO DISCUSSION/DECISION. Utah Local Governments Trust does not recommend that the City do this based on risk; however, it is up to the City if they would like to provide community service. Suggestion is to have 1-2 council members to coordinate with the court and Sheriffs department to determine needs and supervision. Question to Chris Melville, West Wendover City: West Wendover does provide court appointed community service and the court assigns where they go. Public works crew person supervise the community service. They have never had an incident. Mayor Shelton and Councilman Bean to come up with suggestions to present to Council. Mark Bell states that any community service persons must be put on a roster and it must be maintained by the Mayor. Agenda item to be placed on April 1 meeting.

(H) UPDATE ON BUSINESSES WANTING TO SELL BEER. DISCUSSION/DECISION The legislative session has not completed; expected in next two weeks. Motion by Sheryl Parsons, second by Mike Crawford to forward agenda item to April 1 meeting. All in favor, motion passed.

Additional comment: Mike Crawford stated that it has been a pleasure working with the West Wendover City Council.

Motion by Mike Crawford, second by Heather Castagno to recess City Council Meeting for 10 minutes. All in favor, motion passed. Meeting recessed at 6:45 P.M.

3 Motion by Sheryl Parsons, second by Mike Crawford to reconvene City Council Meeting. All in favor, motion passed. Meeting reconvened at 6:55 P.M.

6. WAIVE RENTAL FEES ON COMMUNITY CENTER FOR ALISHA PEREZ BINGO FUND RAISER, CATHY BEAN. DISCUSSION/DECISION Fund raiser last year raised $1000. Alisha Perez wasn’t able to go; but Chris Perez did. Alisha will be going to Europe. They would like to use the Community Center on Monday, April 13th. Gary Bean declared interest and excused himself from decision. Motion by Sheryl Parsons, second by Mike Crawford to approve use of Community Center for Alisha Perez Bingo fundraiser on April 13th. All in favor, motion passed.

7. ASSIGNMENT OF NIMS TRAINING FOR EXECUTIVES/SENIOR OFFICIALS MONDAY, MARCH 23, 2009 FROM 9:00 A.M. TO 11:30 A.M. IN THE JOINT INFORMATION CENTER (JIC) 27 SOUTH MAIN STREET, TOOELE. Mayor Shelton recommended all Council members attend meeting. It is required of all Senior officials. If members don’t attend, City won’t qualify for grant monies. Sheryl Parsons committed to going to meeting. Motion by Sheryl Parsons, second by Heather Castagno that she will attend meeting on Monday, March 23. All in favor, motion passed.

8. PROPOSED “WENDOVER WELCOME” SIGN AND MATTERS RELATED THERETO, IRA SLY. DISCUSSION/DECISION Ira Sly stated that the estimated costs of the sign, less electrical will be approximately $18,000-$20,000. He will build the car and airplane; it will be made of styrofome and fiberglass. Car and plane are estimated to cost $3500. Possible funding available from Nevada if we remove wording, “Gateway to Utah”. Discussion on location of sign. Motion by Ira Sly, second by Heather Castagno to install sign at existing location of previous signage. All in favor, motion passed.

9. ACCEPT OR REJECT SUGGESTIONS REGARDING BROCHURE HIGHLIGHTING WENDOVER AND MATTERS RELATED THERETO, SHERYL PARSONS. DISCUSSION/DECISION Sheryl Parsons still has not received any suggestions for the brochure from Council members. She will compile a list of suggestions for comment and approval to be presented at next meeting. Motion by Sheryl Parsons, second by Gary Bean to forward agenda item to next meeting.. All in favor, motion passed.

10. PROPOSED STREET(S) FOR OVERLAY/ASPHALT AND MATTERS RELATED THERETO. DISCUSSION/DECISION Suggestion by Mayor Shelton to add “Detail 3”: no improvement on either side for options of an unimproved edging for bid. Discussion on streets and priorities of improvements. Motion by Heather Castagno, second by Mike Crawford to approve Tina Campbell’s suggestion for bids with addition of Detail 3: unimproved for edging. All in favor, motion passed. Ira Sly suggested to install sidewalks on one side only. Further discussion on widening road on Aria Boulevard.

4 11. MAYOR SHELTON UPDATES AND PENDING MATTERS AND MATTERS RELATED THERETO. DISCUSSION/DECISION Received notice of insurance for brush truck; Darlene Trammell to take care of it. Jim Petersen presented a plaque to the Mayor at Airport Terminal Opening for the 2008 Air and Car Show.

12. CITY ADMINISTRATOR, GLENN WADSWORTH: UPDATES/PENDING MATTERS AND MATTERS RELATED THERETO. DISCUSSION/DECISION Excused

13. UNFINISHED BUSINESS None

14. NEW BUSINESS A refrigerator is out in a yard with doors still attached. Mayor Shelton to look into it.

15. COMMENTS FROM THE AUDIENCE West Wendover Councilman, Roy Briggs stated that it has been a pleasure to work with the Wendover City Council and looks forward to future communications to further open the door between the communities.

16. EXECUTIVE MEETING None called.

17. NEXT CITY COUNCIL MEETING: WEDNESDAY, MARCH 18, 2009 @ 6:00 P.M.

18. ADJOURNMENT Motion by Sheryl Parsons, second by Gary Bean to adjourn meeting. All in favor, motion passed. Meeting adjourned 7:20 P.M.

______MAYOR BRETT SHELTON

______Tammera Weyland—City Clerk/Recorder

______Date