TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
SEPTEMBER 3, 2019

Members Present:
Diana Doutre
Lyle Holmgren
Jeff Reese
Bret Rohde
Lyle Vance
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the September 3, 2019 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. Public Works Director Paul Fulgham and Police Sergeant Todd Hunsaker were also present.

1. Review of items listed on the 7:00 p.m. agenda

For the discussion on rezoning, Manager Warnke said Shannon Butler submitted an application to rezone property on the east side of Tremonton. A public hearing was held with the Planning Commission and citizens expressed opposition and concern for public safety. Zoning is a legislative decision so the Council can make any decision that is reasonable and in the best interest of the City. During a DRC meeting I told Ms. Butler that it was not something I would recommend to the Council and did not think it was the best proposal from a land use perspective. Councilmember Rohde said the Planning Commission unanimously declined it.

Megan Wheatley was suggested as a new library board member, while Paul Fowler was recommended to replace Planning Commissioner Val Bennett, who is stepping down.

Manager Warnke said we talked about this in a previous meeting. Stan and Kelly Summers want to annex a portion (2.92 acres) of a larger parcel. The Planning Commission recommended it be zoned General Commercial, which does not quite fit what Mr. Stan Summers’ intended buyers are. The Planning Commission will go back and revisit the zoning to allow for those. Currently it is zoned Commercial Highway. The Planning Commission recommended rezoning the parcels that do not have frontage on SR-13 to General Commercial. Anything that has visibility from the highway would be Commercial Highway, which is more restrictive. We have talked about transportation corridors through this area and determined the extension of 100 South through that property is not conducive and does not meet UDOT standards. They would rather see it as an access to the property. We are going to look at extending 200 South and on Main Street will figure out another right-of-way going south. Councilmember Rohde said the intent is to keep businesses looking good on front and to put those kinds of things in the back with the proper screening. Manager Warnke said this completes the annexation and gives it a zone; what would come after is the refinement of the desired land uses and what is allowed.

Manager Warnke said there are some public safety positions in the Police Department that are safety sensitive and have random drug testing. It might be good to have age requirements associated with those positions. City Attorney Dustin Ericson has done the research and there are minimum and maximum age limits, which would be applicable to crossing guards, animal control, and police officers. Councilmember Doutre asked if there is an age limit on our crossing guards. Manager Warnke said if this is adopted then there would be. They would need to be to least 21 and not over the age of 70. All those we have now are within this age limit. This mirrors the standards we have for the Fire Department. Councilmember Doutre said I am not sure I like that. Sometimes older people are the most kind and caring to those children. Manager Warnke said they could table the item if they want to look more in depth.

For the T&M rezone Manager Warnke said T&M purchased a 13-acre parcel to expand their business. This was primarily to build an office building, but it is also going to act as a laydown yard. I am concerned about them shuttling steel on our 1000 North road because that could be problematic, but we will address that. This would zone the property from MDB to MG, which is the same zoning of the adjacent parcel (Malt-O-Meal).

The Council discussed an amendment to a section of the code regarding City-owned vehicles. Manager Warnke said this would amend our policy and align more with IRS requirements. The IRS allows vehicles that are equipped for specific jobs to be used as a commuting vehicle and allow for a quicker response. This policy proposes applying the commuting rule to vehicles that are not specialized for a specific job function. We have four vehicles that apply. The Police Department and Public Works vehicles fall within the qualified category. The non-qualified vehicles would be Building Official Steve Bench’s and three in Parks and Recreation. They all live relatively close. This new policy would charge them a $1.50 one-way for the use of the City vehicle, which equates to $750 a year. We propose changing their compensation to equal the amount they would pay and the City would pay some taxes on that to the IRS.

Motion by Councilmember Holmgren to move into closed session. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council moved into a closed session at 6:35 p.m.

2. CLOSED SESSIONS:
a. Strategy session to discuss the purchase of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms; and/or
b. Strategy session to discuss the character, professional competence or physical or mental health of an individual; and/or
c. Strategy sessions to discuss pending or reasonably imminent litigation; and/or
d. Discussions regarding security personnel, devices or systems

Motion by Councilmember Vance to return to open session. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council returned to open session at 6:54 p.m.

The meeting adjourned at 6:54 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the September 3, 2019 City Council Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. Public Works Director Paul Fulgham, Police Sergeant Todd Hunsaker, Treasurer Sharri Oyler, and Library Director Kim Griffiths were also present.

1. Opening Ceremony:

Mayor Fridal informed the audience that he had received no written or oral request to participate in the Opening Ceremony. He asked anyone who may be offended by listening to a prayer to step out into the lobby for this portion of the meeting. The prayer was offered by Councilmember Holmgren and the Pledge of Allegiance was led by Councilmember Rohde.

2. Introduction of guests:

Mayor Fridal welcomed those in attendance.

3. Declaration of Conflict of Interest—none.

4. Approval of Agenda:

Motion by Councilmember Doutre to approve the agenda of September 3, 2019. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – August 20, 2019

Motion by Councilmember Vance to approve the minutes of August 20, 2019. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

6. Public comments: Comments limited to three minutes.

Jeff Hoedt complimented City staff for the secondary water meeting held to educate the public. I had two recommendations for the City to consider. First, with people concerned about the potential cost for this system I recommend you put out a flyer or something in the newspaper that provides examples based on usage and what those costs could be. That would help alleviate some of the concerns. Secondly, my wife and I are learning about a secondary water system in advance and finding out what is available for filters. After seeing some of those examples we visited the hardware stores in town. Most of them have no stock for filters and in the spring they will have a flood of people trying to find product that is not there. Some had one model to choose from, but something advanced with self-cleaning was not available. I encourage the City to talk to merchants to make sure they have a supply available or information on where to find these things.

Jeriann Stevenson said I live on 12000 North where the rezoning is being considered. We as neighbors have concerns about that. They want to rezone it as industrial, but we are asking you do not do that. We would like to keep it a rural residential area where we can live and not bring industry in.

Richard Barber said I live on 12000 North across the street from where the proposed storage facility would go. About seven years ago we fell in love with this area and decided this is where we want to retire. We have a nice, quiet community and I do not want to hear semi trucks delivering steel to a manufacturing place because it is now industrial. I do not want to see a storage facility across the street because who knows what that is going to bring in. There are no regulations on what gets stored in those facilities. I vote no for the rezone.

Mary LaMont provided the Council with a summary of what was discussed at the Planning Commission public hearing.

Michael Yeates said I also live on 12000 North. During the Planning Commission meeting we filled this room up even though very few of us got notification. Within two hours we showed up in opposition of it. We are not against like-minded people coming in and enjoying our rural community, but we are opposed to making it industrial.

Ricky Hansen said my son and I farm 1,000 acres in this valley and the biggest problems we have for grain water is within Tremonton because there is no place for the water to drain. If we put a storage unit in and go industrial where is the water going to drain with all that asphalt? We have to think about what Mother Nature does. The Planning Commission thought this was not a good idea and I hope you as a Council do too.

Mayor Fridal called a Public Hearing to order at 7:15 p.m. to get public input on annexation of real property.

7. Public Hearing
a. A public hearing concerning the proposed annexation of real property owned by Stanley G. Summers and Kelly C. Summers (Tax ID No. 05-074-0044) being 2.92 acres in size. Additionally, the zoning of said, and surrounding parcels to General Commercial (CG) will also be considered at the public hearing.

There were 30 people in attendance and no public comments. Mayor Fridal closed the Public Hearing at 7:16 p.m.

8. New Council Business:
a. Discussion and consideration of approving July Warrant Register

Motion by Councilmember Holmgren to approve the July Warrant Register. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving July Monthly Financial Statements

Motion by Councilmember Reese to approve the July Monthly Financial Statements. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

c. Discussion and consideration of a submitted application to rezone/zoning code amendment for Shannon Butler’s property located 4985 West 12000 North, Parcel Number 05-039-0113. The proposed use of the property for rezoning would be for self-storage units.

Motion by Councilmember Reese to deny the request. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of the appointment of a Library Board Member

Motion by Councilmember Doutre to approve Megan Wheatley as a Library Board Member. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of the appointment of a Planning Commission Member

Councilmember Rohde said Commissioner Val Bennett has asked to step down. I propose we have Paul Fowler fill his seat. He has a lot of knowledge and will be a great asset.

Motion by Councilmember Rohde to approve Paul Fowler as a Planning Commission Member. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of adopting Ordinance No. 19-08 annexing real property, specifically, a portion of certain real property, being 2.92 acres of the 5.84 acres of property that comprises Tax Parcel Number 05-074-0044 located at approximately 100 South and 1600 East (State Road 13) under the provisions of Sections 10-2-403 and 10-2-405, Utah Code Annotated, 1953, as amended, into Tremonton, Utah and zoning said and surrounding parcels as General Commercial (CG)

Motion by Councilmember Holmgren to adopt the ordinance and annex this property into the City as General Commercial. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

g. Discussion and consideration of adopting Resolution No. 19-43 amending Tremonton City’s Articles of Incorporation to include, specifically a portion of Parcel Number 05-074-0044 into Tremonton, Utah

Motion by Councilmember Holmgren to adopt the resolution. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

h. Discussion and consideration of adopting Ordinance No. 19-09 adding Section 3-914. Tremonton City Police Department Employees to Title 3 City Government, Chapter 3-900 Appointed Officials and their Duties of the Revised Ordinances of Tremonton City

Councilmember Rohde said I am really against the upper age requirement for the crossing guards. I think it ought to be a limit of physical ability, not age. I am for the age 21, but not 70. I would like to table it with the recommendation we look into some kind of a physical test they need to pass. This sounds like age discrimination. Manager Warnke said Attorney Ericson and I explored that avenue and even though some above that age can still perform the job we felt this was best because as it relates to public safety, it is allowed. Even the FBI limits public safety positions. This is an extremely important position, they are crossing children and have to safe guard them so for that reason we have drug testing. If you want to table we could talk about it more and even have Attorney Ericson show you his research. Councilmember Vance said I tend to agree with Councilmember Rohde. If there were a job description and certain standards they had to meet then when they could not do it that would be the reason to let them go. If they can do the job then why not. Manager Warnke said he understood, but there is really no easy way to tell someone they cannot do something, whether it be based on age or agility. We just felt it was better to set an age limit and in the public’s best interest. Councilmember Doutre said there are similar instances with driving, but someone who can still do the job, ought to be able to.

Councilmember Rohde said it would not be hard to come up with a test. They could be required to pull or pick up so much weight in a certain amount of time and if they cannot then they are not hired. We could come up with a very objective system that says you are physically capable of doing this or not then age does not matter. I agree with age limits on the Police Department and the others, but I have an issue with the crossing guards. Manager Warnke clarified that they would take the crossing guard part off. It will have the minimum age requirement of 21, but no upper age. City staff may choose to come back at some point and decide if we want to do something, but that could be done administratively as the job description.

Motion by Councilmember Rohde to adopt the ordinance. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Councilmember Vance – nay. Motion approved by a 4-1 vote.

i. Discussion and consideration of approving Ordinance No. 19-10 amending the Tremonton City Zoning for Parcel Number 06-060-0016 that totals 13.78 acres more or less located at approximately 1450 West 1000 North and west of the Post Cereal plant from Manufacturing Distribution-Business Park (MD-B) Zone to Manufacturing General (MG) Zone

Motion by Councilmember Rohde to adopt the ordinance. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

j. Discussion and consideration of adopting Resolution No. 19-41 amending Section XV: Reimbursable Expenses and Section VI: Employee Code of Conduct of the Tremonton City Personnel Policies and Procedures Manual regarding city-owned vehicle policy

Motion by Councilmember Doutre to adopt the resolution. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

9. Calendar Items and Previous Assignment
a. Review of calendar

Manager Warnke reminded the Council about the City’s summer party and the Utah League of Cities and Towns Annual Conference.

b. Review of past assignment—none.

10. Reports & Comments:
a. City Manager Reports and Comments
b. Development Review Committee Report and Comments

The T&M site plan was discussed during the work session.

c. City Department Head Reports and Comments
d. Council Reports and Comments

Councilmember Doutre commended Director Fulgham for his efforts during the open house on secondary water to educate the public.

Mayor Fridal said the open house on secondary water was a good meeting and helped inform people. Councilmember Rohde said what I took away from that meeting was there are a lot of knowledgeable people in our community. In the future, we ought to put together some committees and invite the public to add their input. That knowledge could be helpful.

Motion by Councilmember Doutre to move into closed session. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council moved into a closed session at 7:41 p.m.

11. CLOSED SESSIONS:
a. Strategy session to discuss the purchase of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms; and/or
b. Strategy session to discuss the character, professional competence or physical or mental health of an individual; and/or
c. Strategy sessions to discuss pending or reasonably imminent litigation; and/or
d. Discussions regarding security personnel, devices or systems

Motion by Councilmember Reese to return to open session. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council returned to open session at 8:07 p.m.

11. Adjournment.

Motion by Councilmember Doutre to adjourn the meeting. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The meeting adjourned at 8:07 p.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes for the City Council Meeting held on the above referenced date. Minutes were prepared by Jessica Tanner.

Dated this day of , 2019.

Linsey Nessen, City Recorder