TREMONTON CITY CORPORATION

CITY COUNCIL MEETING

JULY 16, 2024

Members Present:

Wes Estep

Jeff Hoedt

Bret Rohde

Lyle Vance

Blair Westergard

Lyle Holmgren, Mayor

Bill Cobabe, City Manager

Linsey Nessen, City Recorder

 

 

CITY COUNCIL WORKSHOP

 

Mayor Holmgren called the July 16, 2024 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 Holmgren, Councilmembers Estep, Hoedt, Rohde, Vance, and Westergard, City Manager Cobabe, City Recorder Nessen, and Deputy Recorder Cynthia Nelson. The following Department Heads were also present: Police Chief Dustin Cordova (arrived at 6:48 p.m.), Fire Chief Brady Hansen, Treasurer Sharri Oyler, and Main Street Manager Sara Mohrman.

 

The Closed Session was held before discussion of the agenda items.

 

  1. Review of the agenda items identified on 7:00 p.m. City Council Agenda

 

The Council discussed uncollectible ambulance write-offs for about $100,000. They then discussed restrictions on fireworks. Councilmember Hoedt said this seems like an urgent situation, why was it a one-day notice? Chief Hansen said I was still consulting with the officer group. In the future I will try to forecast that better. We have been seeing a number of grass fires and severe heat weather. With advice from my officer group, we are getting to a point that the risk is high enough to propose a restricton on fireworks in our hardest to reach areas. Other areas are also at risk, but we can generally get there and extinguish a fire if it starts. Councilmember Rohde suggested coming up with a standard for the future that when certain things are triggered, an ordinance would fall into place instead of seeking approval year to year. We should try to come up with a formula that might be agreeable. It would still be an ordinance or resolution, I just think you ought to be able to make the call.

 

The Council then discussed appointing Recorder Nessen as the new Assistant City Manager. This was also discussed in Closed Session. Councilmember Rohde suggested moving this item to the Consent Agenda and not as a resolution. Filling that position is something the City Manager can decide. Mayor Holmgren said we went through City code and this is a position that can be appointed by the City Manager. The Recorder is a different story and should remain a resolution. They discussed appointing Deputy Recorder Cynthia Nelson as the new City Recorder. Further discussion was held on the Consent Agenda items.

 

Mayor Holmgren said Hay Days is on July 19-20 and the Council will serve breakfast on Saturday starting at 7:30 a.m., at Jeannie Stevens Park. The community dinner will be on Friday at 6 p.m. I do have a report from Public Works Director Paul Fulgham that construction on 1000 North is on track. The road should be open before school starts.

 

Motion by Councilmember Vance to move into closed session. Motion seconded by Councilmember Estep. Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

The Council moved into a closed session at 6:00 p.m.

 

  1. CLOSED SESSIONS:
  2. 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
  3. Strategy session to discuss the character, professional competence or physical or mental health of an individual; and/or
  4. Strategy sessions to discuss pending or reasonably imminent litigation; and/or
  5. Discussions regarding security personnel, devices or systems

 

Motion by Councilmember Westergard to return to open session. Motion seconded by Councilmember Vance. Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

The Council returned to open session at 6:30 p.m.

 

The meeting adjourned at 6:51 p.m. by consensus of the Council.

 

CITY COUNCIL MEETING

 

Mayor Holmgren called the July 16, 2024 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 Holmgren, Councilmembers Estep, Hoedt, Rohde, Vance, and Westergard, City Manager Cobabe, Recorder Nessen, and Deputy Recorder Cynthia Nelson. The following Department Heads were also present: Police Chief Dustin Cordova, Fire Chief Brady Hansen, Treasurer Sharri Oyler, and Main Street Manager Sara Mohrman.

 

  1. Opening Ceremony:

 

Mayor Holmgren 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 Mayor Holmgren and the Pledge of Allegiance was led by Councilmember Westergard.

 

  1. Introduction of guests: Mayor Holmgren welcomed those in attendance.

 

  1. Declaration of Conflict of Interest: None.

 

Mayor Holmgren read State code stating what the Conflict-of-Interest declaration means. It says, any personal interest or investment that creates a conflict between the personal interests and public duties. As we do this week in and week out, reflect on that and make sure you understand the agenda. If there is a conflict, declare that. It does not mean you cannot vote, but you should make a declaration. Councilmember Estep said I am glad you clarified that because last meeting I did not declare a conflict. I am a full-time employee of the City and we discussed COLA raises. I am sorry I missed that.

 

  1. Approval of Agenda:

 

Motion by Councilmember Rohde to approve the agenda of July 16, 2024. Motion seconded by Councilmember Vance. Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Approval of minutes – June 18, 2024

 

Motion by Councilmember Vance to approve the minutes of June 18, 2024. Motion seconded by Councilmember Estep. Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Public comments: Comments limited to three minutes.

 

Resident Bill Roosma said I want to talk about code enforcement. We have one officer for code enforcement and one person dealing with animals. That is not satisfactory. In my humble opinion, we need at least two people dealing with animals and I would like to see code enforcement tripled. My favorite pet peeve are trailers on the road where they should not be. Law enforcement has a lot to deal with. We just do not have enough manpower. When it comes to animal control, that job can go south in a hurry. Anyone dealing with animal control needs to be trained and armed with a firearm. Animals can get vicious. That is a tool that needs to be afforded them with the proper training. We have to hire people who are confident and have the judgment, training, and forethought to do the job, and then we need to back them up. There are leash laws statewide and people need to abide by them. Also, fireworks are getting out of hand with all the aerial stuff in the neighborhoods. I would be in favor of restricting those fireworks to a certain area like the fairgrounds. There is a lot of debris in my yard and it is nothing I have lit off. I do not want to pick up the debris and I do not want to wake up with my house on fire.

 

  1. New Council Business:
  2. Discussion and consideration of adopting Resolution No. 24-41 authorizing the write-off of uncollectible accounts receivable for utility services in the Enterprise Funds and fire truck clean-up in the Fire Fund for FY 2024

 

Motion by Councilmember Estep to adopt the resolution. Motion seconded by Councilmember Westergard. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Discussion and consideration of approving Resolution No. 24-42 authorizing the write-off of uncollectible accounts receivable for ambulance billings for FY 2024 in Fund 28 Fire Department

 

Motion by Councilmember Vance to approve the resolution. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Discussion and consideration of adopting Resolution No. 24-43 amending a Professional Service Agreement between Tremonton City and Jessica Tanner for the creation of written minutes for public meetings for Tremonton City’s public bodies

 

Recorder Nessen said this would include minutes for Town Hall meetings or Steering Committee meetings. She would tack on an extra $25 if we have a special meeting that she has to do minutes for. I do not see it happening often, but it does take a long time to type up minutes.

 

Motion by Councilmember Vance to adopt the resolution. Motion seconded by Councilmember Westergard. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Discussion and consideration of approving Ordinance No. 24-09 adopting restrictions on the use of fireworks within certain areas of Tremonton City

 

Councilmember Hoedt said we would like Chief Hansen to put together a proposal where he would have the authority to declare these things on a more ready basis than having to wait for Council meetings to do this. He is the expert on when the risk is up too high. We are looking forward to seeing it.

 

Motion by Councilmember Estep to approve the ordinance. Motion seconded by Councilmember Hoedt. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Discussion and consideration of adopting Resolution No. 24-44 appointing Linsey Nessen as the Assistant City Manager

 

Councilmember Rohde said I think this is just a matter of process. The Assistant City Manager reports to the City Manager and it is not called out in any resolution that the person needs to come before us for approval. I would make a motion that we table this resolution and add it to the Consent Agenda for our information. It feels like this is an administrative decision, not legislative. We trust you and your capability to make that decision.

 

Motion by Councilmember Rohde to remove this and move it to the Consent Agenda. Motion seconded by Councilmember Hoedt. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Discussion and consideration of adopting Resolution No. 24-45 appointing Cynthia Nelson as the City Recorder

 

Motion by Councilmember Rohde to adopt the resolution. Motion seconded by Councilmembers Vance and Estep. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Oath of Office
  2. Swearing in of Cynthia Nelson as City Recorder

 

Recorder Nessen then had Deputy Recorder Nelson swear in as the new City Recorder.

 

  1. Consent Agenda
  2. Adoption of May Warrant Register
  3. Adoption of May Financial Statements
  4. Discussion and consideration of adopting Resolution No. 24-46 ratifying the Jack In The Box Tremonton Development Agreement
  5. Assistant City Manager

 

Motion by Councilmember Vance to ratify the Consent Agenda. Motion seconded by Councilmember Hoedt. Roll Call Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

  1. Calendar Items and Previous Assignment
  2. Review of calendar

 

Mayor Holmgren said we are excited for Hay Days. Councilmember Estep said the Farmer’s Market will be on Saturday, August 3.

 

  1. Review of past assignment: None.

 

  1. Reports & Comments:
  2. City Administration Reports and Comments

 

Manager Cobabe explained some of the things he has done since being named City Manager. The Mayor, City Planner, and I went with Director Fulgham to tour our water facilities, which was a very interesting experience. I am pleased to see how well things are going. I went over to the police department and have been fingerprinted. I recruited the fire department to help me move a couch and had a peanut butter bar at the Senior Center. Parks Director Zach LeFevre gave me a tour of the parks and I got a rundown of recreation activities. I have been to the library, which is an incredible asset in the City. I attended the Farmer’s Market with my wife and handed out hot dogs. I have been part of the Main Street Committee that is working to address concerns and opportunities. To top it all off I got to go meet with the school board. I am still getting my feet underneath me and learning the ropes. In my nearly 20 years of working in city government, I have seldom met a more dedicated, professional, and passionate group of people. I am honored to work with them. I am grateful for the opportunity. One other thing that was brought up to me that I need to address is that the code specifically talks about getting items on the agenda. Please get those to me, Assistant Manager Nessen, or Recorder Nelson for the agenda in writing the Tuesday before so we can make sure we get those on. I dropped the ball this week as Councilmembers had requests for a couple of agenda items and they did not get on this week’s agenda. Mayor Holmgren said we are thrilled to have you on board, you are doing a great job.

 

  1. Development Review Committee Report and Comments: None.
  2. City Department Head Reports and Comments

 

Chief Cordova said Manager Cobabe is doing a really good job. He took the time to meet the troops. We appreciate that. He then provided a summary of last month’s stats. We had 1,001 total incidents in Tremonton and Garland. Of those, 51 were animal problems, 10 were family fights, we had 18 assaults and 18 code enforcement cases. We made a fugitive arrest, arresting the new Box Elder Most Wanted. We completed two search warrants for child sex crimes and had 125 traffic cases. We integrated a new thing called, Know Your Force. This allows our community to give feedback and allows administrators to identify potential problems. On the back of every card there will be a code that leads to a survey. This will be required by State law soon. So far it has been really good. We have a total of 31 reviews and have a 4.9 out of 5 stars rating and 100% positive feedback. We have lots of love from our community, which we appreciate. I am going to ask the City Manager to put us on the agenda to present options with our fleet that has the potential to save $100,000 annually. Finally, we are dominating Brigham City in the lemonade competition, 22 to 5, and it has been great PR.

 

Chief Hansen said thanks for the support on the fireworks restrictions in those high-risk areas. We are advertising for a new hiring process. We are looking to replace four or five part-time positions to get us back up so we can cover special events better. We also have one full-time vacancy. Councilmember Estep asked that Chief Hansen send a weekly report on the fire department. Chief Hansen said yes, I am happy to do that.

 

  1. Council Reports and Comments

 

Councilmember Estep said the benches are on Main Street and they look good. Our water boy is doing a wonderful job with the flower pots, they are thriving.

 

Councilmember Vance said the proposed annexation out west did not get on the agenda. We need to discuss that. The County has already approved this subject to whether or not we are willing to annex them in or not. The developer has purchased $1.3 million for water taps that could be converted back into cash if we are willing to annex. The real question is how much is it going to cost to get sewer and water out there? This is complicated because they are so far from town. The driver behind this is because of the issue Vernal had with a subdivision being annexed into the City after they had septic issues. After people started getting sick, the State made Vernal bring them into their sewer system at their expense. That is a fear. The engineer’s estimate to bring sewer and water to that area is $3.4 million. We have to determine if we can do this. This ground probably has the worst clay in the whole valley. We are going to have sewage problems out there. This protects health in our area and potential liability. If things go wrong, the State is going to make us do it anyway so we might as well get the developer to help participate. We have discussed a pioneer agreement. There is hesitation because of the distance, but we ought to consider this. Councilmember Hoedt said you already know how I feel about annexations. The public has told me where they are at on annexations and where the State survey comes in on this issue, showing the majority not supporting this. I want to know what the cost is going to be to the City to have police and emergency responses. You do not patrol outside City boundaries and cannot enforce City ordinances there. There is an additional cost when you annex to these departments. Vernal is a scare tactic. That is one town in the entire State. These are questions that should be asked before we take action. I would like us to make an informed decision about what the expenses are going to be. If we annex, we have another addition to the community of neighborhoods to patrol. There is added cost. What will it cost the community? Has the County already approved the developments? Recorder Nessen said we have to deny it first before they will let him pull permits. Councilmember Hoedt said if we did not annex, would the County let them develop anyhow? Manager Cobabe said they cannot deny it if they meet the requirements as set forth in the County ordinance. The enforcement and oversight at the County on these types of things is minimal. The concern is that we are going to have to go in and cleanup like they had to do in Vernal. That is a cautionary tale, it is not indicative of what we will experience, but it is something we should learn from. Councilmember Hoedt said the public has told me the three best things about this town are the people and friendliness, the small town feel, and that it is a farm community. This takes away farms. Mayor Holmgren said this is what will happen anyway. Councilmember Vance said if we want to put our heads in the sand and ignore it and potentially have Vernal’s problem, whether it be a scare tactic or not, it is there and I want to go on record that I was trying to make sure we were protecting Tremonton. My idea is to have the contractor pay for it and we can do a pioneer agreement with him. Mayor Holmgren said let us get some numbers. The Council agreed to hold a special meeting on Tuesday, July 30 to discuss this further.

 

Councilmember Hoedt suggested cleaning up City ordinances that are no longer in use. The Main Street mix creates a special advisory committee on Main Street. That has not been utilized for nearly a decade. I would say let us repeal it or say, shall have this advisory committee. Then it is not discretionary. If we do not really need it, let us get rid of these ordinances. The same applies to the ordinance on campaign signs. There were many violations and there has been a downgrade in penalties and infraction to where it does not get enforced. If we feel there is a significant problem, let us enhance or amend the ordinances. I have copies of what other towns have done to make them more enforceable and can offer some suggestions.

 

Mayor Holmgren said I appreciate all your service. This can be a hard job and we are doing the best we can for our City.

 

  1. CLOSED SESSIONS: No closed session held at this time.
    1. 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
    2. Strategy session to discuss the character, professional competence or physical or mental health of an individual; and/or
    3. Strategy sessions to discuss pending or reasonably imminent litigation; and/or
    4. Discussions regarding security personnel, devices or systems

 

  1. Adjournment.

 

Motion by Councilmember Estep to adjourn the meeting. Motion seconded by Councilmember Rohde. Vote: Councilmember Estep – aye, Councilmember Hoedt – aye, Councilmember Rohde – aye, Councilmember Vance – aye, Councilmember Westergard – aye.  Motion approved.

 

The meeting adjourned at 8:02 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                                       , 2024.

 

 

 

                                               

Cynthia Nelson, City Recorder