1 26 2010 Monroe City Council Minutes

Written by Emalee Curtis

MINUTES

MONROE CITY COUNCIL MEETING

JANUARY 26, 2009

7:30 p.m.

1. Mayor R. Kirt Nilsson

The regular meeting of the Monroe City Council was called to order at 7:30 p.m. by Mayor R. Kirt Nilsson. The Pledge of Allegiance was led by Councilmember Troy Torgersen. Prayer was offered by Recorder Emalee Curtis.

A motion was made by Councilmember Ed Oldroyd seconded by Councilmember Warren Monroe to accept the minutes of the January 12, 2010 city council meeting with the following corrections:

Page 2: change "Callen" to "Calten"

Page 4: change "keep health issues taken care of" to "take care of health issues"

Sentence to read: "There are two main types of mosquitoes in our county that carry the West Nile Virus."

Page 7: Sentence to read: "The annual lighting contest was very successful."

All were in favor. Motion carried.

Present:

Mayor R. Kirt Nilsson

Councilmembers: Troy Torgersen, Warren Monroe, Doug Gadd, Ed Oldroyd

City Recorder Emalee Curtis

City Public Works Superintendent Devin Magleby

City Water Superintendent Rodney Wanlass

City Power Superintendent Daniel Peterson

Councilmember Lamar Ogden is excused from tonight’s council meeting. He is ill.

Citizens:

Chad Hunt, Richfield Reaper

Luis Garcia

Alfred Zwygert

Jon Batistic

Kevin DeMine

Dereck Vickers

Scott Parsons

Garrett Parsons

Christine Cook

Aaron Cook

Chad Cook

Stetson Lords

Bruce Collison

Dusty Banks

Kevin Fuller

Cody Parker

Casey Herbert

Preston Parker

C. Kim Chapman

Conna Chapman

Shawn Lords

Allen Oscarson

Lyndon Friant

Kyle Friant

2. Citizen input

Conna Chapman commented that she doesn’t feel that riding vehicles and snow tubing at the gravel pit poses any more liability than other uses in the city. Driving down a city street and walking on a city sidewalk were given as examples for potential liability.

Mayor Nilsson responded that the city attorney’s opinion is that there are two main reasons for keeping people off from city property. One is to protect the property for the uses for which the city holds the property. The second is to avoid issues of liability for injuries that may occur to persons using the property.

Mayor Nilsson said that citizen input will be taken during the agenda item regarding gravel pit issues.

3. Business

(A) Update Monroe City Emergency Response Plan

Councilmembers reviewed the city’s updated culinary water emergency response plan.

A motion was made by Councilmember Warren Monroe seconded by Councilmember Ed Oldroyd to approve the Monroe City Culinary Water Emergency Response Plan with updated information as presented to the council tonight. All were in favor. Motion carried.

(B) Monroe City gravel pit liability issues

Mr. Chapman invited councilmembers to participate in an agri-security workshop to be held in Richfield April 27,28. More details will be sent to the council later.

Mayor Nilsson welcomed the citizens to tonight’s council meeting. He is glad to see that the community has an interest in decisions the council might make regarding multi-use of the city’s gravel pit area. The council understands that, historically, this area has been utilized for riding ATV’s, motorcycles and in the winter for tubing. This has come to the council’s attention because several youth were seriously injured while sledding in this area. The council feels that if they see a problem, it should be addressed.

A comment was made from the audience: "Where would they ride if not allowed to ride at the gravel pit?"

The question was asked if the city is legally liable if someone is injured?

Citizens can understand the city’s concerns.

Aaron Cook stated that he has been here since 1968 and has ridden horses and motorcycles and has sledded in this area with no problems. His concern is that this area is now posted no trespassing. He never thought about the area being closed down by the city. When reading a story in the local newspaper, he was upset that the gravel pit area might be closed. He presented a petition with about 150 signatures, asking that the city not fence off the gravel pit and that they allow it to be used by the public for recreation, such as sledding, motorcycle riding, four wheeling and horseback riding. Dennis Jorgensen owns a track in the Glenwood area and there is a big sign that says it is closed and he has no liability if someone rides there. Kids go there every day after school. They’re not riding on city streets. The youth are here tonight to show an act of responsibility. They don’t want to continually look over their shoulders to see if law enforcement is following them.

Adults have a responsibility to look out for their children. If they are riding in this area, the parents know where they are and what they are doing. They need a place to go ride. He would like to see the city work with them to make this happen.

Kim Chapman said that he is a faculty member of the University of Utah. On campus there is a big hill that has been used as a sledding hill. He noticed that it is now posted. Recreational users of this hill use at your own risk. The USU is not liable for any damage or injury sustained by you. The USU has a whole department of risk managers, and this is what they do. He asked if the city would ask the city attorney if this might be a solution to our problem.

Councilmember Ed Oldroyd said that he has done some research. He talked to Woody Farnsworth, recently retired Richfield City Manager, about an area west of the city used by ATV’s and motorcycles. He said that Richfield City turned their heads and stopped supporting riding in this area because of liability issues. He also visited with the mayor of Elsinore and several other communities. Councilmember Oldroyd said that he doesn’t like turning your head and still allowing usage. He presented a photograph of a sign that says: "NOTICE: This track is privately owned. It is not maintained or supervised. Riding the track can be dangerous. If you use this track you assume all risk and liability for injuries and death to you and to others that occur while you are using the track. If the track is muddy, it may be closed."

Scott Parsons says that there is a sign designating a Glenwood Hills ATV area.

Mayor Nilsson said that the council discussed this issue at their last meeting. If problems arise, the council needs to address the issue, not ignore it. The question is, what should we do. The council understands that a lot of people have utilized this area for a long period of time. The council doesn’t like the idea of shutting it down, but if it costs the city, it will cost our citizens.

There was a discussion about bikes destroying the trails and messing up and destroying the hillsides. Also, snowmobiles not paying attention to sledders and trucks doing brodies in the same area of sledders.

Councilmember Troy Torgersen said that there are many other areas where bikers can ride other than the gravel pit area. This specific area presents some liability issues. This is not a groomed area. There are boulders, culverts and city equipment in this gravel pit.

Mr. Cook said that the city has a responsibility to these kids.

Mayor Nilsson said that if there is a problem, all citizens in the community would have to pay. Is this fair? A copy of Attorney David Church’s legal opinion was distributed to those in attendance.

Conna Chapman said that the attorney’s letter said that the city has limited liability. Might proper language on a sign insulate the city from liability? Might the city put up a sign stating "Use at your own risk"?

Devin Magleby, city public works director, said that this area has been posted and closed to trespassers for over ten years.

Allen Oscarson lives adjacent to the gravel pits. This summer his son was riding in this area and an officer said that they were going to now enforce no trespassing in the gravel pit. He thinks this is a great place for kids to ride. He understands that this might be considered a hazardous area by the city. He explained that it is Forest Service ground from Bertleson to the road that goes into the foothills. That area was untouched three years ago. Now it is getting hammered and getting ugly. He has always thought that you don’t go on forest land, unless there is a trail allowed riding. Some youth now think there are no limitations to where they ride. They think that they can ride anywhere. More access is being closed because individuals are not following any rules. He would like to see those responsible reseed that the area that was destroyed. There seems to be no respect for property now. There is a point that we have to be responsible for our actions.

It was commented that no one at city recently contacted the county asking for enforcement of the no trespassing at the gravel pit. The city had asked the sheriff’s department last summer that local and state ATV ordinances be enforced.

Scott Parsons asked to see a map showing the forest boundary.

Allen Oscarson asked that a good common sense solution be found.

Forest Service and BLM ground are right together above the gravel pit.

Councilmembers agreed that they are not ready to make a decision tonight.

Mayor Nilsson read the city attorney’s opinion. This area should not be designated as a recreation site. It is a gravel pit for city purposes. It was felt that some language in Jorgensen’s sign may have merit.

Councilmember Monroe said that he has had numerous complaints about irresponsible individuals using the gravel pit for recreation purposes. It is the council’s responsibility to provide protection from liability for the city of Monroe. He agrees that we have to work together to figure this out.

The city back hoe is now working in the pit and changing the location of the bank. This makes this area even more dangerous because it is always changing.

Mr. Cook said it is the parent’s responsibility to teach safety. Riders need to use protective gear.

It was said again, that this is a gravel pit. If anyone gets injured, the city is not responsible.

The council agreed that no trespassing should be enforced when city equipment is working there.

Individuals should have to obey the law, no matter what.

This is the attorney’s opinion:

There are two purposes for keeping people off of your property. The first is to protect the property for the uses for which the city holds the property. The second is to avoid issues of liability for injuries that may occur to persons using the property. The City should decide first if any public use of the property is appropriate and consistent with the City's use of the property as a gravel pit. If it is not then the City's signage should just clearly state that the there is no trespassing and the property should be patrolled to enforce this.

If the City decides that some public recreational use but not all recreational use of the property will not harm the property or its uses, then the signage should be such that it limits the inappropriate uses such as "no shooting" "no motorized vehicles" etc. A violation of these types of restrictions is the same as trespassing and the restrictions can be enforced the same as the no trespassing signs are enforced.

The law does give the City (as well as any private landowner) some limited immunity from suit for injuries that occur to third parties who use your property for recreational purposes with or without your permission. To have this immunity you may not charge for the use of the property. In addition if the City was to make this area an official city tubing or recreational area then you could lose this immunity, and the area would be treated like it was a city park or other recreational area and you would have to take reasonable steps to make it a safe tubing and sledding hill. I would advise not putting in a sign that would lead people to believe that this was the Monroe City tubing and sledding area or that it was maintained or established as an official city recreational site. I hope this helps.

Mayor Nilsson will talk to the attorney again to get possible wording for signs at the gravel pit.

Monroe City might coordinate placement of signs with the county because there is a lot of their property being ridden on.

Councilmembers appreciate the citizen comments made tonight.

A motion was made by Councilmember Warren Monroe seconded by Councilmember Ed Oldroyd to table the discussion on city liability at the city gravel pit if allowing multiple uses until further information is received from the city attorney. All were in favor. Motion carried.

It was pointed out that Judge Marvin Bagley developed the wording for Jorgensen’s sign.

The Utah League of Cities and Towns will periodically be providing current information for council review. They asked if it would be distributed in council agenda packets.

This update is a summary of things economic and legislative that every savvy local official in Utah should know, including:

· The latest Utah sales tax numbers

· Utah's economic indicators

· Key economic drivers in Utah

· Perspicacious analysis by our own in-house economic Maharishi, Neil Abercrombie

· A summary of important ULCT legislative issues including a detailed explanation of the proposed changes to the Utah Retirement System

(D) Approval of warrant register, cash disbursements and adjustments journals

Councilmembers reviewed and signed approval of the warrant register, cash disbursements and adjustments journals.

4. Staff reports

Emalee Curtis - City Recorder:

A Public Employees Health Plan (PEHP) representative visited in Monroe today. He reported that the trend is towards a double digit health insurance premium increase. Utah Local Governments trust (ULGT) said that we will have a 9% decrease in worker’s comp premiums next year. A ULGT appraiser was here today and visited all city owned buildings. A report will be back in about 90 days, after which time the city’s property insurance coverage will be reviewed.

Devin Magleby-Public Works Superintendent:

The recent Local Emergency Planning Committee (LEPC) had a good meeting.

Ron Foster is here working today. The irrigation improvement project should be finished soon. The flow meter is being installed at the irrigation pond.

He is continuing to work on updating city infrastructure GPS information. He is now working on the city’s power department infrastructure.

Daniel Peterson-Power Superintendent

UAMPS meeting update. The Hunter power plant debt service will be paid off in July, 2010. Some serious upgrades need to be made to this power plant and UAMPS is building a reserve fund to take care of this work. An environmental upgrade will be done first. Monroe City owns a portion of the Hunter II plant. In December, our cost per Mwh was a good value. Project costs will be cut in half when the debt service is paid off.

The wind power project operated at 36% capacity last month, which is very good. Monroe City is also a participant in this project.

5. Department business - reports and concerns - Law enforcement concerns

Department reports:

Councilmember Ed Oldroyd - Streets Department - Weeds - Library

Councilmember Oldroyd said that he feels strongly that the city has a responsibility to our youth. He has concerns with not providing a place for them to ride. He would like to talk more about constructing a city skate park. It doesn’t cost money to not do anything, and that’s all they’re asking of the city at the gravel pit area. He feels that the city’s intent is not to shut down the gravel pit. Life is full of liability. The city council will continue to look into this issue and try to solve it.

Councilmember Lamar Ogden - Water/irrigation department - Fire Department - Sr. Citizens

Not present at tonight’s meeting. He is ill.

Councilmember Doug Gadd - Cemetery Department - Equipment - Waste water - Utility Board - Garbage

Councilmember Gadd attended a meeting at Jones and DeMille with John Spendlove, Carson DeMille and Darin Robinson. They presented an idea for a survey to be mailed out to the community. John Chartier and John Vercoe also participated in a discussion regarding wastewater in Monroe. They wonder if we couldn’t encourage citizens to maintain their septic tanks on a regular basis instead of constructing a sewer. John Spendlove will be on next council agenda. This was a good brainstorming session.

9:00 p.m. Councilmember Oldroyd was excused to leave for a meeting in Salt Lake City in the morning.

Councilmember Warren Monroe - Electric Department - Mosquito Abatement

Councilmember Monroe met with Jackie Coombs, Doug Hunter, and UAMPS staff regarding our Nebo resource. No better way to utilize UAMPS resources was determined at this time. This natural gas project committed to a long term gas contract and now the price of gas has gone down.

He reported that at the end of 2009, Monroe City purchased some 9.8 million kilowatt hours of power and generated some 2.9 kilowatt hours of power. During December, the city’s net cost for power was below 5.5 cents per kilowatt hour. Monroe City has some of the lowest power rates of UAMPS members in this part of the state. We charge 7.6 cents to our customers. Our profit margin is small but it is positive. Monroe Power’s real value and asset is our self generation, (hydro plants).

The annual holiday lighting program shows that some $4,300 in power credits to people who participated in this program.

There is discussion that some of the other UAMPS members may shed their excess entitlement of Nebo power to decrease the burden of higher costs at this time. He will keep the council informed of any new developments.

Information was shared from the national public power association. Some wind farms have had community complaints because of the noise generated. EPA wants ash to be handled as hazardous waste.

UAMPS is still negotiating for a study for a nuclear power plant in the western states.

Daniel and Councilmember Monroe are working on updating the city’s power policy. It will be presented to the council for approval in the near future.

Councilmember Troy Torgersen - Parks Department - Landfill - Planning Commission - CERT

The city planning commission is meeting tomorrow night to consider creating uniform subdivision plat standards.

Mayor R. Kirt Nilsson - General administration report

Councilmember Gadd and Mayor Nilsson attended a local council of governments meeting.

Mayor Nilsson would like for an article regarding the upcoming census to be in a city newsletter and on the city’s web site.

The local Elks Lodge is looking for a way to support youth activities. they would like it to be a county-wide activity. They have had an initial discussion regarding youth activities.

Councilmembers should submit any ideas of questions to send to the city attorney regarding the gravel pit issue. Have questions to ask the attorney to Emalee by next week.

6. Adjournment

A motion was made by Councilmember Monroe seconded by Councilmember Torgersen to adjourn at 9:40 p.m. All were in favor. Meeting adjourned.

Approved this 9^th day of February, 2009

Emalee H. Curtis, City Recorder

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