City Council - Regular Meeting

It's 32 and a2 wide. All righty. It's a big crowd. Yeah, that's a good one. Like to welcome everybody out. Is there nobody there? Nobody's here. Well, we got Greg and Carl are here.

Yeah, that's Anyway, uh welcome everybody here. Uh welcome every any you know got anybody online, we welcome you here as well. Um we'll go ahead and start our workshop. We've got um a discussion on conflict of interest that uh I think we need to work out. Uh there's there's some confusion on you know what what is a conflict and what's not and and uh that kind of thing. So I guess I'm turning this over to Lindsay. Are you going to kind of lead us up on this? Greg,

not me. I think that was a breath. I I will you'll lead us up on it. Okay. Go ahead, Brett.

Um this in planning commission meetings we're having uh Mike has brought this up several times about a conflict of interest and our conflict of interest is a little more strict than the state code. Uh we set our our conflict of interest that way to help mostly to help employees as they come on city council to help protect them and also protect the city. And so we were a little strict in where the big difference in the code is is that when it comes to a conflict of interest, they need to remove themselves from the bench and not participate in the discussion or vote. Um the state code allows for that to happen. Now, one thing the state code has in there that I think we could add that could help us is in that area where it says if you have a direct or indirect conflict, they say in your household and we don't say that. And so I think if we were to add something like that, then all of a sudden that narrows the vision down to just within your household and not not outside of there. So let's open it up. Micah would like to see it gone.

I think the way it, you know, I had a chance to talk to Micah a little bit about this and uh my my my thoughts were, you know, let's why don't we just adopt the state code and follow the state code and then as the state code changes, if it if it were to change, we just adjust to whatever the state code is. Um, you know, I remember I I think I I think that your your conflict of interest, you know, if it's within your household makes makes sense. But, uh, I'm curious to hear what the state code says on that. That's what it say. It's his household.

Okay. So, then that's what I think. You just go with that and follow the state code. Uh, and you said Mike is for that or against that? He wants he's he's concerned that uh the way it's written right now that it could be misconstrued that um you know let's just say uh you know somebody maybe you've got a a relative that is has a pl has a business on Main Street or something like that or a business and uh you're making a decision that's going to affect Main Street. it could be misconstrued that this relative could be somehow tied into this. He just wants to separate that.

Well, it could protect you too from having to make a decision that could cause um a division between you and a family member even. So, you could actually pull yourself back and say, "Hey, this was passed. It's not my fault. You know, I wasn't." So, it goes both ways, right? I wouldn't want to do something that hurt helped or hurt a family member. Well, and and really where it's different, our code, if we added household into our code, it would be the same except for removing yourself and not participating in the discussion. That's the that's be more clear that when you say that's the recommendation, remove yourself and not participate in the discussion for that's the Tmont city code.

Okay. the state code says you need to declare a conflict but you can still participate vote in the discussion and so that's really where so so I got a question why we're on it say like when I was when I was part-time on the fire department I got out we couldn't supposedly vote on the budget correct so is that would that you know what I'm saying or that's how huh

that's how our code reads is that because you were an employee, you shouldn't you you shouldn't have a discussion or any bearing on making the decision if you get more money in your own in your own household. If you change this, it would actually help Brent J if he's elected. Yep. Because before whereas if he's elected and way coach written now that he wouldn't be allowed to participate in the conversation whereas if you change it he would be able to participate. Yeah. But only participate He can either if he declares if he declares a conflict, you can vote. Does that allow him to vote? State code is as long as you That's how I understood it from Dave Church way back in the day is that

that happened with me, right? That's exactly what happened to me. I forgot to declare and approve the budget and I was a full-time employee and it was brought up and we had to go back and change that because of my so so so it so if I was still in the fire department and and I said yeah my conflict is I still get paid fire department if I go on a call but I can still vote if it's noted that it that's a conflict is correct yes according to state code yes so you guys as a form can vote on that, but that's going to be to each municipality. So, you'd have to you're going to want to have a policies and procedures for that in place, and you currently don't.

So, what that then the that your board So, like if one of you declared a conflict, you your group would have a policies and procedures in place for the what the conflict is and then you outside of the individual with the conflict would vote to allow them to vote on that. So, there is a there's a little chapter and we can research that more. I have the state code here if you'd like me to read it to you. Well, the state code's pretty clear. Our code just adds one le more level of um conflict, I guess, is the best. Excuse me.

So, um and so yes, uh that like you said, that could help Brent. That could also hurt Brent. You see what I mean? Because now all of a sudden if he's voting on police business, should he have the right to do so? Well, it it would it somewhat protects him if it stays the way it is. Otherwise, he might get the department might put a little more they might lean on him more, right? Whereas if he if the way it's written now, he could say, "Hey, I I have a conflict here."

But it's but okay. And so here's the other thing. This doesn't just apply to this applies to all of us in anything, right? Not just employees, but employees was the easiest one to pick out. You know, I I guess you could differentiate it from employee to non-employee, but I I don't think we we need to go down that path. But well, it'd be if I had a business on Main Street and we're going to upgrade it. Is that a conflict? Yes. See? Yes, it is. But if your brother had one, it wouldn't be on the in the current code. Yes. In the new way. If we went if we went household, if my brother had one there, it would not I would not have a conflict.

Right. So if if we just follow the state code, does that does that make it so that um you know just clarifies some ambigu ambiguity um in the code. If you know it just seems like what we have right now just is what was the context for varying from state code in the first place? What's that? Uh well, what was the context? What drove city council to to veer from state code in this regard? Just trying to, you know, understand the why we got to where we're at.

Well, can I answer that, mayor? No, sure.

Um, it came down to, well, you know, Wes is a great example. Wes is a a city employee and there's decisions that need to be made um as a city employee and so we didn't want to put him at risk or the department or the city at risk with those decisions and so we built something in to help protect employees as they come onto city council and that was the big drive behind it. Now, you know, people on planning commission and us up here, if I have a conflict, um well, let's let's say I owned a store on Main Street. I I don't, but if I did, and something was to happen on Main Street, under current code, I would have to recluse myself and sit down and not participate in the discussion. Interstate code, I could say I have a conflict of interest, but I could still participate in the conversation and I could also vote. Personally, I would still recluse myself because I I feel it's conflict of interest personally, but that's up to me to decide that.

But you can do that if you want. If you just say, "Yeah, I I don't feel like I should vote on that." But but so the current what we do currently, say like your doesn't your daughter own that store? And it you would have to recuse yourself today if we did it right. No, because she doesn't live in your house. Well, according to our code, yes, the way it's currently written, she would I see what you're saying.

So, if we're talking about anything to do with Main Street or anything along that, I I could have a conflict of interest there according to our current code. So here I think we ought to change it to the state code because we're such a small community that there's going to be a lot of potential conflicts the way it's currently written. We're just so small and there's so many people related to each other. I have a lot of two families on both sides that are pretty big families. It could be distant relatives that

this is this is exactly the point that Dave Church made back in the day is uh he was sort of the League of Cities and Towns attorney and he was giving uh advice and help you know to lots of communities not just ours but you the point was brought out just that that we are a small community and it's going to be the probability of you know people who have uh you know conflict in one way or another it the probability is high that they would be serving also either on the planning commission or on the council or whatever. So his point was is de declaration of the of the conflict and then uh it's sort of I know I had a conflict at one time and then I just recused myself

uh from voting right and so I just did not vote but I was still participating in the conversation right at the time and that's kind of the idea behind what Dave Church was was uh sharing with us so and I think I don't know that that's really changed and I think that's I it just it just seems to me like following the state code is is maybe the best way to go. Yeah. And I don't think they should participate in the conversation. So that's that's that's the only thing I differ on. I I just don't think

everyone has the same level of commitment if you will. You know you said you reclused yourself and and I would do the same under current code. It requires us to do that. If we go back to the state, then it's up to us as individuals to do that. Will all individuals do that? I'm not worried about this council. I'm more worried about what Greg's stating that he's basically saying if we make a change, does that change carry over to all the other Yes, it does. It does to the other commissions,

to all the public bodies. So, is there a specific one that that we're talking about with Micah? I mean, can we say that? What's the Well, he his concern. What's people complaining about for him? Just I mean, if it's household or what? I don't understand. Maybe we ought to define household. That would help too. Yeah. So, within your house, right? Yeah, within your house. I mean, yeah. how doesn't seem like you're going to have many opportunities there for that to hold you back.

But so I guess if I owned a business on downtown and and we were having a discussion about that business and it could affect my bottom line at all, then it's a conflict of interest to me. I agree. And I shouldn't participate in the discussion. So you could actually state you have a conflict of interest regardless of the household part. Those could be separate. Yes. Yes. But and so anyway, but but the state code would allow you to still participate and vote by declaring by declaring the conflict. Yeah. We just have to declare the conflict.

I think what I'm worried about the more we talk about it is, you know, I'm looking at this the way I would handle myself, but the way I would handle myself doesn't mean everyone else would handle theirelves that way. Yeah. Right. Yeah. Well, I I mean, you just wouldn't want anybody to come out and say, "Hey, I think you were right." And it protects. It's easier to just say, "I'm out." And then, yeah, maybe it's better. So, when we do that, say So, you still have to have three people vote to pass. It doesn't change the dynamic. You're just out the corn is the corn.

Yeah. And in all fairness, we have not been in that situation very often. And especially if we go back and change it to just household, that's going to that's going to uh reduce it even more that we run into that problem. I think where the debate comes is do we recluse ourselves by code or gentlemen

by ethics? Well, and if I've understood Micah's concerns properly in the meetings, he's expressed he's used you, Brett, as an example in planning commission where your family, anybody in your family is also included in that. So, if if you voted on something for that could impact MVP printing, technically you have a conflict of interest. That's the example that's been used. And so, is that true? Is that is that how it's currently written? And that's the argument that I think has been made. And so just for context,

correct? And and and I I agree with it. I think that I think we do need to limit it to just like a household so that it protects uh from a conflict. So at a at a minimum, we should probably adjust it to be more inclusive or be more specific about just the household. Yes. And then if not even take it all the way to where the state code is, right? Is that the the discussion? If you're going to adjust it all, it's easier to just do the state code and be done. And like the mayor says, if they adjust it, we just adjust with it, right? So

yeah, I'm I'm okay with that. I think that's I think that's a wise way to go and I think it just removes a lot of ambiguity ambiguity in the uh in the code itself and makes it clear. So you know we'll we'll address that down the road but uh it's good discussion to have right now. I got one more question, Ly, and that's that's I want to go back to when I was an employee and besides wages, that's the only thing that comes into it. Correct. If I if if public works would have come and said we wanted a new building, that's no personal gain to me. Correct.

Correct. So, it's no conflict. Okay. And you you're not in a decision-making role in that. At least you weren't at that point, you know, being an employee, you were not in that decision-making role. Okay. But we like like we said, the people that run it, Brett or Charie, where Jeff's on the fire department, Char would have to be not in the the budget part of it, unless it was just the correct. But the way it is personal colas or whatever, I don't know. Yeah.

But if the if the um the way it reads right now, then she would declare a conflict because there would be somebody in the household that um would be benefiting from that budget budgetary item and and uh but she could still she may recuse her herself from the from the voting uh in that situation or she according to she could still vote but she has to declare Right. So, if you have Shie and Brent on the bench, you have two employees voting for their wages. That could really look suspicious. Well, that's why I quit the fire department when I did.

Yeah. Is because I wasn't going that much, but I was I had to do that. Yeah. So, and in that case, we would have two individuals who perhaps would uh just plain recuse themselves from voting and um leaving it up to the other three, but they're not required to, right, under the state code the way it is right now.

So, have we made a decision? Well, I think we probably we need to do some more. I think this is a great discussion. Uh I don't know that we have a decision. Uh maybe we have a direction. A lot of times we've done that where we've we're not we're not voting on anything at this point. Um well, but it sounds to me like we have a direction. Would we make an ordinance later for that? No. What? Yeah, we'd go in and we would update our ordinance is what we would do. Yeah. And so I think the direction would be to have the city go back and update the ordinance and bring it back to the next city uh council for discussion.

I I tend to lean towards taking it to what the state has personally. I do too. It's going to get pretty complex for a lot of the candidates that are on the ballots right now if we don't. Yeah. So, we have um this will be the last meeting until the middle of November because we won't be meeting on election day. Um so, it be something maybe we want to make sure we put on the agenda for for the uh middle of November. And um they wouldn't be able to change it, would they? Would they have a conflict change in that ordinance? Something to think about. They changed it before, huh?

Do it before. Yeah. Yeah. Well, I you know, it's a conflict to be the conflict. All right. So, let's let's give that some good hard thought. I think we I think if I get I get a I think there's a a direction uh I'm hearing from the council. So, uh maybe you can kind of do some more research and and whatnot. And we'll plan on putting this on the agenda in the middle of November. So it's in our code twice. It talks about it in the rules of procedures for planning commission and it talks about it for the city council. So we have it in two spots. They are different.

Run that by us one more time. It's different in the planning and zoning guys. Well, there's a good reason to change it. Yeah.

Make it all the same. adhere to Utah code and disclose conflicts of interest pertaining to items that are on the commission and board's agenda. They generally include a direct or indirect financial interest in decision or a close familial relationship with an applicant or other circumstances that could create a potential bias by the member. So this is the one it says generally state law requires members to disclose the conflict and it is recommended that the count member recuse themselves for participation in the discussion and decision. Members of the planning commission, BRC and appeal authorities are encouraged to discuss potential conflict of interest with the city and tree. And this is the one that talked about the council. So, a conflict of interest. For purposes of this ordinance, a conflict of interest shall include any conflict listed in the municipal officers and employees ethics act contained in the Utah code. Additionally, for purposes of this ordinance, a conflict of interest shall include any voting member wherever the matter being considered shall have a direct impact on financial gains for a member or a member's immediate family members. When a conflict of interest as defined herein arises, the conflicted members shall not vote. So are we talking about changing both of them? I mean

they ought to match the one to match and and this code would drive the planning commission anyway because it should. Thank you. But so do do we know what is it possible to bring up the state code? It is spots in state. Where did you find state code's in a couple of spots? If you'd like, give me a quick second here and I will

um section 6716 67-16-9 is the and this is off the state website and this is the conflict of interest prohibited. It states, "No public officer or public employee shall have personal investments in any business entity which will create a substantial conflict between the public officers or public employees private invest in excuse me private interests and the public officers or public employees public duties." And this was amended uh would have been May of 2024, May 1st of 2024. I don't know if this one. This is state offic.

So, go into Utah code. It's going to be 67-16-9. That's what was just up, but there's got to be more of a There's about elected officials. There's other and and so honestly, we it's something to research because this is in here. I wonder if this is one of those things we we uh have an attorney write it up for us recommendation and with the recommendation of the council that we follow the state code. Well, if we follow the state code, then we just take all of our references out of it. Yeah. And we run the state code if that's the direction we go. It's almost that one almost says it's like the state code that isn't it?

It does mention it. So, you've got one section there that references a state code on the 10-3-1301 that I was getting ready to look up for you. Um, but yeah, it's worth honestly a substantial look. Municipal officers, that would be us. because it does obviously I can't speak on behalf of our city attorney but part of the protocol on this would actually to be create if you really are going to abolish the current code you would create a code abolishing that code to then reference the new code that you're going to be referencing within the code

now within and and that's where we need to get more specific because on that planning commission it really kind of called them out to not vote it gave them the the the choice to do that, of course, but the language was in there reminding them that they shouldn't. And I don't think the state code does that. And so I I see both sides of the of the pendulum here. Well, the city it says the city attorney to ensure the compliance of the law. So the attorney got to

you know the other thing that I thought I the other thing I thought I read into it somewhere that it could be that this city council and or planning commission if a conflict of interest comes up could have a discussion on that and basically let someone know if they can or can't vote. You know we feel if it was me Uhhuh. I would like somebody to say, "Hey," without trying to even off things saying, "We got to make sure that's not a conflict." Because you don't want to get in the middle of it and go, "Oh, I should have Yeah. shouldn't have voted and then have it come up late like before. It's better to stop it, right?

The first." So, I think that's the only fog I see in this whole thing is is just someone making that decision to stay up here and vote or not. That's the only problem I have with the whole thing. I would think if it's a conflict, you're out. I mean, I would be like you. If I if they thought it was close, I'm I'm not doing it. I'm not voting. Mhm.

Oh, yeah. Okay. Well, I think that it sounds to me like we need to do a little more personal research on this and then uh maybe get some advice and help from the attorney and and if we're going to follow that state code, let's just plan on doing that. Any other questions on this? Okay, let's move on to item two. uh discussion the discussion on ordinance 25-18 the temporary land use uh regulations and I think this goes back to you again Brett. Yeah, if you don't mind if you can just bring that up. I I plugged in

this is going to be a simple discussion if you will. Um uh we've been working all week on this on this ordinance. Um, as you can see, I just want you to see all the the notes that are going into it, all the comments, all the changes that are taking place. Uh, we're working really hard to try to get this put together so that in the middle of November, we can put this on uh for discussion, but we're we're really trying to make it specific enough that it drives direction as to, you know, okay, this is what we want to accomplish. This is how we measure and this is this will give us this end result. And so, um, Jeff has been very instrumental in making sure that, uh, we're very objective, uh, in in what we're doing here. And and so I just wanted you to see that

making progress. We're making a lot of forward momentum on this and we plan on having it ready, but I don't know that there's really a lot to to discuss on it right now unless you have any questions. Bo, did you have anything you wanted to add to it? No. Yeah, I was just going to add, you know, that it it's important that we're not shackling ourselves to, you know, unintended consequences. And that's that's where Jeff's been weighing in and I'm really grateful for that perspective. So, it's been been helpful and yet also, you know, make sure that we're being responsible in it. So yeah, I I like the progress

and and on a personal note, I'm not feeling any resistance. I'm feeling more of a collaboration on this and and that's so awesome. So this has been this has been great. I I got to tell you, I still got I just I just don't see unless you get the Raiders Digest. Why? I know we got to do the plan. We got to do all that. I just feel like that we're still going to vote on the same stuff. I just think it's I don't I that explained to me the quick why we have to have it the because if somebody wants to reszone, we still have to vote on that, right? So I I don't know to stop it for a while. Are we doing it so that I don't know? That's what I don't know. Well, we're stopping it so that the planning commission can take the time to put together this plan so that the plan that will then drive the direction of future zoning. And so we it could eliminate several times us having to come together and say, "Oh, we're going to reszone this or we're going to do this." If the plan's in place, then it should be able to have guard guard rails and um so when someone comes in and says, "Okay, I want to do this with this zone. It's set and this is what this is what the city's going to do in that area."

So, does that make it so the planning commission decides all that and we don't? No. Oh, no. No. It it's even before the planning commission. it wouldn't even come to the planning commission once they come in and they they go for uh an application for reszone or an application for a development. They got to jump through the certain hoops to

and if it hits that general plan where it says this is what this area is for and this is the reszone. it it most likely will just be a no at that point versus all right, let's just bring everything to the city council and the planning commission and go through this process with every reszone that comes in. And so we're trying to just streamline it so that everyone has to do a lot less work and give us some direction in our city on where we want to go forward. And it'd be fun to get the planning commission engaged on this and um and get the citizens going on. I think we could do a lot of cool things with it over that period of time. And like Jeff said, it's not going to affect what he's doing for the next six months for sure. He's got so many other things going that um this is a good time to pause. So that's that's anyway that's

what you're trying to show us is that we're not just sitting on this that there's lots of things happening already. Yes. And so that's positive. Y any other questions? Thanks for all the work you're doing on this. You guys appreciate it very much. And thank make sure that Jeff knows how much we appreciate his advice and guidance on this as well. All right. Uh let's just go through the agenda um real quick. Uh about the land use I miss Oh, that's what we just talked about there. The land use

that's going to be all in this. Yeah. Yeah, that's what we just talked about there. And then um yeah, we'll just go through the agenda now. Uh is are uh well we can start off right at the right at the first here. Are there any on are there any conflicts of interest? We'll I don't think with what we've got tonight there would be but I I don't think Bo's going to be here. Do you want me to I have no conflict and I can be here for uh another 20 minutes. You have to wait for You got to do the pledge. We're not ready.

We'll let you go after the pledge. I thought I thought you were going to be here till 8. I can be if I need to be. Okay. So, we'll uh let's go through here and and um uh well, let's just go down to the new council business and go through and talk about each of these consideration of approving the uh uh professional services agreement with Tree Mountain City and Jonathan Gaulner. Uh and uh I think we've it's what I understand is this is exactly the same contract as the uh previous medical services uh director and so nothing has changed only the name has changed. Is that correct Lindsay?

Still 10 grand. Is that what we think? Yeah. Nothing else changed only the name. So it's exactly the same as the contract we had before.

And this is a standup guy. I know Jonathan. He's a UEP physician, Utah emergency physician, and he he works in all the hospitals and uh so he rotates through Bear River and he's just really really intelligent. Good. Good. Any questions with uh item A? Okay. Discussion and consideration of approving resolution number 25-53. This is approving the contract agreement between Hemco LLC and Tree Mountain City for lobbying services on state and local government relations and appropriations with the Utah legislature and state government agencies. Uh we've used HEMCO um uh in the past. We've used them to uh help us with going after funding and they've been very very successful in doing so. We had a maybe I can turn the time over to Carl, but I'll I'll kind of introduce this. Um Bo and I met with Bo and I and Carl met with um with uh Dave uh Dave Dave Dave. Anyway, uh Dave

Dave Stewart Dave with Hemco and uh had a really great discussion with him. Uh we uh are looking at uh going after funding to help with uh uh water projects. This will be anything from recovering or re redoing the uh older aging infrastructure, culinary water infrastructure in town to the purchasing of uh 500 acre feet of water from the conservancy district. So this this uh we we we need their expertise on this. Uh this is going I think it's a great project. Uh Bo, do you have anything to add to that?

Yeah, I think the some of the key here is the relationships that these guys have with with people that are in state uh positions right now and timing. And I I I just think there's a lot of value that they add in the current leadership positions that people are in with the relationships that they have that could you know that could land these grants for us.

This um we are asking for because this is a a heavier lift in terms of going after this is quite a bit more money that we were going to be going after. And uh so uh it will require a little more uh each month. Uh we do have uh the money to carry us through this budget year. Uh but I think that it's something that uh future council will have to address u into the into the future. But we do have the funding to car carry us through the rest of um this year, this fiscal year. And uh that's all secured and we're good there. So, um I think this is a Carl, do you have anything to add to any of that?

Um just Yeah, a little bit. So, it excites me that we're talking about this because I feel like that means I've been heard um that we need to put some money into water infrastructure and also additional water supply. And so I love the fact that we're going and addressing what I perceive as as um urgent needs right now in the in the water infrastructure side of things and then good planning it getting additional water supply. That's just and and it's lowhanging fruit. buying 500 acre feet from the Bear River Water Conservancy District is the next lowhanging fruit that we should go after. And so, um, I guess just to address this a little bit more closely, like when when we, you know, you you do the best you can to prognosticate when you budget and then stuff comes up. So, we anticipated making some of these repairs and putting money into infrastructure down the road. Not necessarily this year. I don't know if we necessarily will this year. It may timing wise it might just end up being next year and the next year, maybe the next year, too. But um we also just in openness, we didn't necessarily budget for hiring Hemco this year, but we do have funds that we can use for that, especially at this juncture of the year. If if we were talking about this in April or May, I' i'd probably be like, "Sorry, money's gone." kind of thing. But at this junct juncture, we can make those decisions. So, I I I'm just appreciative of of the mayor and

Lindsay and the council, everyone who's been who kind of understands the need to do something with water um and going for it. So, I appreciate that very much. Well, I'd also add too that there's a a high possibility of being able to um help with some of the 4.4 miles of infrastructure that we're dealing with right now and being able to um you know fund some of that with the grant. So,

any other questions council? We can throw out the dollar amounts and everything, right? Uh well, yeah, I think he wanted to be a little bit uh vague on that. Uh it is it is a significant uh you know, it's a significant amount. I the return on investment will be worth it. Yeah, the return that way. That's Yeah. Yeah.

Um what they you know what they kind of wanted to you know at this point I think um well we could we can talk about it in maybe a little bit later tonight. Let me let me think on this a little bit. Um but but yeah, it's it's significantly more. It's a it's a it's a it's a big lift for the council. Um it's a big lift for for the city, I should say. Um but we could we do know what you know the 500 acre feet of water. We know what that's going to cost

and so it's over 7 million. Well, and we have updated cost estimates on the 4.4 miles, too. I gave that a month ago or whatever. Yeah. But Carl, the only thing on that water that was just trenching it and then filling in, right? Oh, you're talking about the the water line. It's redoing service connections, too. And a whole new road

and we can That's separate. But yeah, we should do roads on top of that. Those are the those are my two big asks right now is water infrastructure and roads. Any other questions? Council Mo, do you have anything to add to that? No, I don't.

Okay. All right. Well, let's move on then. Uh, discussion and consideration of approving ordinance number 25-20 amending the land use code chapter 1.10, 10 uh sensitivity zone 1.11 sensitivity sensitivity zones for protection area zones uh sexually oriented uh overlay zone and uh the water protection water source protection overlay zone. So uh this is you I believe Greg. Um it is it essentially this is moving it into a different section to open up uh sections in the code for some of the new codes that we have coming down the pike. Um essentially it all stays the same with uh some language changing. An example is going to be off 9-714. the location of sexually oriented business. We'll include some language that um it's going to talk about the the thousand foot rule and the 600 foot rule, but that would include municipality or adjacent municipalities. Um and so really this stays virtually the same. It's just the location. Um and then like I say, some some slight language changes. Uh, one of the things I was speaking with Jeff before uh he left this evening uh we'll be changing and up updating the uh the chapter on how it is implemented and uh and uh processed. Right now it it goes to the the city manager. We'll include the as we've done on some of the other codes we'll include myself um Jeff and the city manager in this as we update some of these codes. This again this is a code that hasn't been updated for quite some time. Any questions for Greg? Is there Okay, so we're moving it to a new new section. Are there

Yeah, really, we're just making room in What are the updates? Are there any changes other than moving it as as we as we move forward with that at a later date as we'll we'll address this with our city attorney for some language changes. It's always a good thing to go over some of this stuff, but it's essentially staying the same. We're just moving to another section to a different section to allow room for some of the other code. Okay.

Okay. Uh and we got the meeting schedule. Um I think the calendar we're thinking maybe taking off the uh uh the farmers market there. I don't think there'll be anything left for the farmers to to everything's pretty much done for the season. uh trick or treat on Maine, everybody. So, um we're hoping we're hoping all of you can make it there. We're going to have giving out treats and everything to the trick-or-treaters and um excited about that. So, we're looking forward to that. Um early voting going on right now, the general election, there will be no no council meeting on the 4th because of the election. and um you can read the rest of it. So, with that, let's we we're actually going to get out of this in pretty good time tonight. Uh I have a good feeling for this. Knock on wood.

One question, Mayor. What's Why are we not having one the 21st of April? That I do not know. I What is the What is Oh, that's when we go to Well, that would be ULC. Oh, that's ULC. I was trying to look through them and cuz we changed a couple and and I don't know um we could or we may and may not have um two meetings in December depending on the schedule. So we'll see how that goes. But uh with that I don't have anything else. Let's take a break. Just a quick idea.

Sure. Um, I would like to see us develop a city council Google calendar or some kind of calendar where we brought this. Yeah, this was, you know, it would be so awesome if we had a calendar that we shared and then events and that could be dropped on there and then we could use that to inform us of when meetings are and remind us and remind us and excellent idea and all that. And I just I thought it'd be kind of nice. It it could be a city calendar or it could be a council calendar. But um maybe you could talk with Zach. Yeah. Lindsay and see if there's something like that we could do. Yep. We can do that. That's a great idea. Everything on our Outlook calendars.

Yeah. Do Yes. Work have one. That's Do we all have access to Outlook though? Emails when they do it Office 365, it's still Outlook. You should still be able to see the calendar outlook. Okay. I don't want to burst anybody's bubble, but November 3rd next year is election night, too. Not We don't have elections that year. Well, it'll be the general election. The general election or general election type stuff. The representative. Yeah, we won't have any for us. Not a municipal one for only odd years. Yeah, that's okay. I think we left the meeting. Okay, let's take a break.

Thanks. About 15 minutes. Hey guys, question. Am I needed for votes tonight?

All right. Well, we'd like to um Cynthia, do you want me to pass down that thing I signed? Okay. Pay big dividends later. Like to uh welcome everybody out tonight um to our uh city council policy session, policy meeting. Um Bo Are you on? Yes. It's a bit noisy, but I'm here. Okay, good. Uh, we're going to change. Uh, I've asked Brandon to lead us in the pledge instead of you if that's okay with you. Yes, please.

Okay. All right. We'll go ahead and start. I'll u offer an opening prayer and follow that with uh Brandon who will give us the uh lead us in the pledge and we'll go from there. Go to that point. Thank you. Our father in heaven, as we come before thee at this time, we are indeed thankful for the many blessings which we have. We're grateful for the opportunity of being together as citizens of our our community and as council members, for those who are uh directing the affairs of the of the uh city. We appreciate their efforts and their commitment to our community. We ask for thy spirit to be with us this evening. Bless us we might be able to discuss matters uh pertaining to the welfare of our our community in a way that might be beneficial for for all. These things we say in the name of Jesus Christ. Amen.

Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

I'm pretty sure most everybody knows uh all of us up on the stand, so we'll I'll just kind of forgo the uh introduction of our council. Uh, council, are there any uh conflicts of interest at this point? Hearing none, we'll move on. Uh, approval of the agenda. Council, we approve the agenda for this evening. I'll make a motion we approve the agenda. Motion by Wes. I'll second it. Second by Brett. Uh, all in favor? I.

Thank you. Motion. Uh the motion passes and the approval of the agenda has been made. Approval of the minutes for October 7th, 2025. Are there any questions with the minutes or do they look correct to you? I make a motion we approve I'll make a motion we approve the minutes. Is that okay? Okay. Motion by Bo and seconded by uh Blair. All in favor? I.

Thank you. Okay. Uh we have a years of service for Sandra Deal. She is uh the assistant librarian. She's been with the library for 15 years. She was not able to be here this evening. She had other commitments. So we just want to recognize recognize her years of service as a assistant librarian. Okay. Uh moving on to item number seven, public comments. This is your opportunity to address the city council regarding your concerns or ideas that are relevant to and germanine to the uh municipal business. And we ask you to keep your comments to under three minutes. I'm going to move this meeting along if anybody is going to argue with that. So, uh, hearing no public comments, we'll move on to item 8, new council business. Uh, discussion and consideration of approving resolution number 25-52, approving the professional services contract between Tmont City and Jonathan Gaulner, DO, who will serve as our emergency medical services medical director. And we have discussed this in our uh workshop sessions. So council, do you have any questions? Uh the uh contract is exactly the same as the previous contract. The only thing different is the name. So

motion we approve resolution 25-52 approving the medical director. I'll second. Motion by Blair and seconded by Brandon. Uh Brandon, we'll start with you. Yes. Bo Bo, yes. Blair, yes. Brett, yes. Wes, yes.

Motion passes. Thank you. Uh discussion and consideration of approving resolution number 25-53 approving the consultant agreement between Hemco LLC and Tmont City for lobbying services on state and local government relations and appropriations with the Utah legislature and state government agencies. This is a contract between u we've been working with Dave Stewart who uh is with Hamco and he is the one that has uh gone after funding in the past for us and has been very successful. He has uh he and his company have great relationship with with uh state uh leaders, representatives, senators and those in the in the government that uh can be very beneficial to us. We're a purpose of this is to go after funding for water infrastructure and water water uh needs. Uh one of the things we uh you know it's uh it's important that uh you know we divulge what the contract is all about. Uh we're looking at uh going after these funds for water infrastructure. Um the cost of the uh we we've done this for some some years now and uh we it's uh 10,000 a month is what the current contract is. We're because of the uh increase in the uh uh the amount of money that they're going to be going after. They we're looking at 15,000 a month instead of 10,000 a month. Um we have the funding uh already. I've got the funding accounts that we can bring this money out of. It's all all there uh

with culinary uh culinary funds and uh the secondary funds. Um we've got the funding available to do this. So, uh Carl, this we're we're looking at um u acre. You know what? Maybe you can just kind of describe what we're kind of going after here.

Yeah, we are trying to do a couple of things. We're trying to come in into compliance with uh with what's happened with our sanitary survey. At the same time, one thing that they don't look at is what's underground, and that's principally our our pipeline. So, we're looking at um replacing 4.4 four miles of pipeline earlier than this was already in our capital facilities plan. We're just bumping it up earlier because my guys are spending way too much time just fixing leaks and not holistically taking care of of the water system like I like we need to do. So, we're just moving that speeding that up a couple of years and doing that earlier. At the same time, there's an opportunity to purchase 500 acre feet of water that would be above and beyond what we already have as water supply from the Bear River Water Conservancy District. And um we're we're we're lumping potentially lumping all of this together. Um so in this resolution, it mentions kind of two different sources of funding that they could go after. Number one would be a legislative appropriation where the legislature has budget money that they can fund help fund certain projects for. So that's part of it. The other part would be state agency funds which could be various state agencies. It could be the division of drinking water. It could be uh the division of water resources. Anywh who it could it could be whatever. um that's their expertise. But um when the state lends money or

lends or gives grants, they also look at your compliance at them. And so to me, it makes sense that we lump all these things together because they're they're going to be looking at compliance anyways. I think uh what the city's done with secondary water is going to be extremely attractive to um a lot of the state agencies where we've been able to separate the indoor and outdoor uses to some degree. They'll look at that. That'll be favorable. And so, um in my personal experience with this kind of thing, it isn't what you know, it's who you know. I've I've gone in front of the legislature before and asked them for money and they regularly give money to people like Hemco. I don't know how they do that do it, but I think it but but it works. And so I I think it's a great thing to look at doing. I'll add too that um in talking with Dave, this is a regional project in in a lot of ways and so the probabilities of funding go up pretty dramatically.

It's regional because of the participation of Bar or uh yeah water conservancy district with with the 15,000 a month. How long are we obligated looking at contract? Three and a half years. But it okay now that goes with uh some conditions. So we can we if we don't feel like there's performance or that's just not working out we have an ex escape clause that we can terminate the contract with I think a month's notice or that kind of a thing. So, and they can do the same to us, you know, they can

Yeah. He also mentioned that if there's probabilities or you know, it's looking like it's not going to be feasible to do, you would give us the reasons why and allow us to um you know, terminate the contract and Yeah. Yeah. Yeah. So, it's not it's not like we're locked into three and a half years if there's not performance. In the ordinance, it it it talks about how this Hemco company can help us with grants and low interest loans. Yes. Um any idea what percentage are grants and what percentage are low interest loans? Because if it's a low interest loan, it's might

well put ourselves a little bit more at risk. 2% 2 or 3% is what I kind of have been hearing. Yeah. Yeah, as far this like DNR, but I think Brett's question was what percent would be have to be paid back and what percent would be grants? Well, if it's a grant clearly that would not be need to be paid back. Um the low interest loan would be the terms are I think the terms are very favorable but clearly we would want to you know grants are always I don't know the answer to your question. I think 50/50. I think half of them will be loans and half will be We don't know at this point. It's any I I

Yeah, I don't know. It depends on what they can put in the legislative appropriation. That's one time money and it doesn't get paid back. But the state agency uh portions, I I don't know that much of that would be they call it principal forgiveness grants. I don't know what they I I would guess 50/50 kind of thing, but I don't know. Well, I think it's important to know that this has been successful in the past extremely um millions and millions of dollars been brought in

on $10,000 a month. And so with that history, um I I trust these people. Yeah,

these uh they're very uh they've got tight connections with uh you know individuals that and are the are the you know uh very very close relationships with our senator and our representative. And I'll I'll add too that they they asked a lot of qualifying questions about the project before they took it on because it also shines a bad light on them if they go to a city and then don't perform. And so, you know, they they've done their homework on this project and even had meetings um already just to qualify it.

Okay, that's good. I and I think, you know, overall we're going to be looking at a a multi-source funding for for doing a project of this size. You know, there's going to be city contribution. There's going to be some state contribution. There's probably going to be some loan aspect to it. We do have some money right now we can get going on kind of thing. So,

well, I think you know, um, like Brett said, you know, they they they've been very very, uh, helpful to us and in the past. And so, I don't see no reason why they won't continue that. And I think that they are being very upfront with us to say, look, if it's just not going to work out, we're not going to continue this thing. So, I think being they're being very fair with us. So like investing in the stock market, right? I hope not. We uh it's better a return. Yeah. Yeah. All right. All right. Council, any question? Any decision?

I'll make motion we approve resolution 25-53. Motion by Wes. Do I have a second? Seconded by Blair. Let's see. Bo, you're up. Bill, yes. Blair, yes. Brett, yes. Wes, yes. Brandon, yes.

Okay, motion passes unanimously. Thank you everybody. Thank you for uh I think this will be a great thing for our city. Uh discussion and consideration of approving ordinance number 25-20 amending land use code chapter 1.10 sensitivity zones. And I'm not going to go through them all. uh the protection area zone, the sexually oriented business overlay zone, and the water source protection overlay zone. Uh this we talked about this in our work session, and this is just moving some things around to another chapter. At this point, nothing is correct. Nothing is not there's no changes to any of these ordinances. We're just moving them in in the code book. So, I don't know if we You have any questions for Greg?

No. I make a motion we adopt ordinance number 25-20. Motion by Brett. A second. Second by Brandon. Let's see. Uh, Larry. Brett. Yes. Wes. Yes. Brandon. Yes. Yes. Thank you, everybody. That concludes our new council business consent agenda. adoption of um of the two 2026 Tremont and City Council annual meeting schedule. Make a motion we approve the consent agenda. Motion by Wes to approve the consent agenda. I'll second it. Second by Brett. Uh all in favor? I.

Yes. All right. Uh consent and calendar items. We went through the calendar in our works workshop. Uh any questions with uh the calendar? The trick the trickor treat stuff. Is there something that we're supposed to do as city councilman or just be there and just be I hand out candy and if you want to dress up dress up it's fun. It's it's a lot of fun. I understand Brett's got got a fancy fantastic We'll see. And I may and may not come dressed up. So, I'll come as a like a city councilman. They won't recognize me. So, flashfire guy.

Was it Mary Poppins? Is that what I heard, Brad? Is that what you were doing? Something like that. Huh. All right. Uh, early voting is going on right now. General election. Encourage everybody if you have not already voted uh to get your ballots in as soon as possible. and the Christmas light show on the 26th of uh November. And I'm not sure is that going to be at uh Schuman Park again? No, we're talking this one out here. Oh, this Oh, this out here. Okay. That not the one start. What did Lynn say about when you told him about the roof? Talk to him.

Yeah, we're going to see if we can get him to fix that end first so that he can better hurry cuz he's going to put start putting stuff up. was reaching out today cuz they said they were waiting on supplies to be shipped here and we haven't seen a thing. So yeah, understand the furnace is going to be up and going here. They're working on them. They were working on them today. So they'd be done by tomorrow. So it won't be so cold here. It's been interesting here. Yeah, that heater kept us. It was 50 what in here? 57 this morning. Yeah, that's cool. Yeah. All right. Any unfinished business or action items we need to address? Hearing none. Uh reports and comments, council reports. Uh let's see. Wes, you have anything?

Um as always, we got to thank department heads and employees. I get I think I missed a a monthly report somewhere along the way from department heads, but I'll dig deep and find that. And uh just good luck to everybody on the elections. Some of us will be We'll all know by the next one who's going to have a seat up here and who's not. So, we'll all know we're all here for two more months. Yeah. Yep. Um it's all I have.

Um a couple things. Now, I've already communicated this with Carl, but Carl has been off hunting and so he's going to take some time and get back to us in the next city council meeting. But, um, can you look into what it would take to get the speed limit down on Iowa String all the way out to the third W building and then um, what's house? But far enough. Okay. Whatever. And then got a phone call. Yeah. All right.

And then if we could maybe talk to the police a little bit about uh enforcing a little bit better out there, that would be good. And then in the next meeting, if you'll kind of come and and report to us on Rocket Road on the construction, where we're at on that, how that's going. I think there's a lot of citizens that like to know that.

And then I wanted to really thank Carl this week. I reached out to him. There's a couple citizens who were concerned about the crosswalk over there by Dr. White's office on Sixth North and fourth west. And uh Carl graciously agreed with him and Rusty they're going to go and paint a crosswalk across there with us with the bars so that people have to stay there until there's no one on on the road. So it's a start. So thank you. Thank you for doing that. That's all I have. Thanks. We agree. That's a pretty Okay. Well, we appreciate the citizens reaching out.

I was going to bring up I went and dumped my grass and seen that new truck was finally there. The new But is the So, somebody said maybe the plow's not here yet. Plow's not here. They kind of sold us a We in 100%. They kind of sold us a bag of tricks on that. Yeah, I've talked to Carl earlier. He can do a little digging. and and I haven't sent my vote in so I can be bribed by all the rest of you just have a bottle of water. How far will that give me? All right. I don't have anything else. Bo, uh I don't have anything of note either. Not for not in this current situation.

All right. I just wanted to share with the council that um I've been working with this a case worker here in town for for personal reasons in our family. But um she shared with me that uh our police department just hired her brother from um the box elder PD. I don't have his name, but he's supposedly 6'4, really big guy. And uh she went into great detail about why he decided to come to our community. And it was all based on uh the way that we responded as a community to the loss of our officers and then also the way that uh they were financially supported in that loss to families. And he felt very strongly that you know if something were to happen to him, he wanted to feel like he was in a community that his family would be supported. And um I look forward to meeting this individual.

What's his name? That's I cannot remember his name. Zack Warlock. That's it. Morlock. You met him? Yeah, I I presume so. But yeah, so I look forward to meeting him as well. Just nice to hear those types of things from different people. Yeah.

All right. Well, um I I the only report I have is uh that we uh we'll have I was hoping we'd have uh the square kind of uh available for the public by trick-or- treat on Maine, but it sounds like we're still the rain kind of set everything back a little bit. But we'll have the uh have the saw in this week and the lights will be coming up. Um things will be completed in the next little while and and um we'll we're looking forward to uh the veterans are going to have a um on Veterans Day they want to do a a program and that'll be our first program in the in the square and so we're looking forward to that. I had one thing, mayor. I seen the veterans are having a fundraiser for

Yes. something if anybody So, yeah, I can I can I can address that real quick.

So, what they're what they're doing is they um there's a a portion kind of just north of where the the current monument is. There's a portion over there that they're going to come in and they're going to u put in a uh battlecross. They're going to have u um well, it's Bo's uncle uh Val Lewis is going to construct the battle cross and uh then they're going to put in bring over the children's statue and put it all together in there and they're going to have a a real nice uh real nice display right there. So, that's what they're trying to get the funding for uh to come up with the money for the um the battlecross. I just can say they're I think they're selling tickets at IFA for the next few days, but any of them have tickets, so

yeah. And see, that's a really good cause. Yeah, it is a very good cause. All right. Well, I don't have anything else to uh talk about. Um, one more motion. Make a motion we journ. I was looking for that all day. All in favor? I Okay, thanks everybody. We need a new What?