TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

AUGUST 15, 2017

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

CITY COUNCIL WORKSHOP

Mayor Fridal called the August 15, 2017 City Council Workshop to order at 6:03 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, and Rohde, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Public Works Director Paul Fulgham (6:28 p.m.), Police Chief David Nance, and Treasurer Sharri Oyler (6:42 p.m.). Councilmember Vance was excused.

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

The Council moved into a closed session at 6:04 p.m.

1. 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

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

The Council returned to open session at 6:27 p.m.

2. Discussion regarding acquiring electronic devices for viewing City Council packets
The Council needs equipment to do their jobs and the last time the City purchased devices was nearly four years ago. Manager Warnke said the City typically replaces their computers every four years and that is accounted for in the budget. The City has started a stipend approach with additional money added to every paycheck, which would allow Councilmembers to pick their own devices. Those who have their own would be compensated for that use during their four-year term. Manager Warnke said this is a large sum of money, nearly $1,500, upfront to repay or purchase the device.

Councilmember Doutre asked if they could have options on how to do that. Manager Warnke said the City Council can decide that as a group. He likes the stipend scenario, but said there are some drawbacks. However, the thought process behind that is, as people come and go from the Council, it equalizes out. Councilmember Doutre asked if those who came in as a new member would have the option to take something up front for a year or two, until they were able to purchase something else and that is an option.

Manager Warnke said this is a payroll issue, but they can choose whatever works best for the Council as a whole or the individual. Councilmember Rohde confirmed that the device would belong to each Councilmember because they would pay into it throughout their term. Councilmember Reese said it would only be fair to do the stipend since some Councilmembers could only do a two-year term. Recorder Nessen said the Police Department gets an allowance for uniforms that they can borrow against and then a set amount is taken out of their paycheck until that amount is paid back. The Council agreed they were good for now, but that these options would be good for new Councilmembers in the future. Manager Warnke said the City will continue on and if a Councilmember wants the money up front, to let Recorder Nessen or himself know.

3. Review of agenda items on the 7:00 p.m. City Council Meeting

Warrant Registers for June and July 2017. Councilmember Doutre asked if they can get a list of what is being spent on the Visa cards to clarify questions. Director Christensen said the report is included and shows the last item and then the breakdown for everything that was purchased. The Council was directed to the paid invoice report on page 51.

Ordinance 17-12 amending the Land Use Code. Manager Warnke said this came about because T&M owner Travis Scott purchased some property that was zoned as Industrial. All industrial zones with heavy industrial use are conditional use, but there is a little uncertainty associated with a conditional use permit. The City can deny a conditional use permit based on health, safety and welfare, and the burden is on the City to make those assertions and findings in denying the application as a conditional use permit. It sounded reasonable that the land use change for specific industrial zones was changed from conditional use to permitted use. He said this has been through the Planning Commission and that the expansion will mostly be used for storage, with some operations such as sand blasting.

New Intermountain Health Care sign copy on a billboard. Manager Warnke said the City has leased the property for a billboard from the Petersen’s since 1984. The City pays the ground lease and owns the sign structure. The sign copy has always reflected and advertised IHC in some way and this particular one is at least eight years old. IHC approached the City about updating it. They put together a proposal that includes some recognition for Tremonton City with the City logo and incorporates families. Councilmember Doutre said she appreciates that IHC keeps updating things. Councilmember Reese said it is great. Councilmember Rohde informed the Council that he would not be voting due to a conflict of interest.

Sorensen Subdivision Phase 3 Subdivision Development Agreement. Manager Warnke said this one is just a formality. The actual agreement has already been recorded. The City adopted a template subdivision development agreement, as long as they are within the bounds of the template and there are no unusual circumstances, the Development Code allows the City to move forward and record the agreement. It is brought before the City Council for ratification. Since it is a template agreement, all the terms are the same except for special conditions within the agreement. Manager Warnke said the most unusual aspect is that the Box Elder School District is involved. This is where the new elementary school will be located. They are looking to move forward and develop the site fairly quickly. They will develop the subdivision in the near future.

Employee Safety Awards. Manager Warnke said over the last couple of years the City has had more losses than they would expect and are trying to counteract some of those issues. The City recently earned the Trust Accountability Program (TAP) Award, which helps the organization and employees be safe. Based upon the Trust’s recommendation, the City plans to institute a reward program. Other entities who have high losses have done this and seen significant drops in losses.

A couple weeks ago, the Trust approached Manager Warnke to discuss a program, which was further discussed with Department Heads. The consensus was they felt this reward program would help the City reduce losses over time. If a Department does not realize any claims that result in losses, each member of the Department would get a gift card to a local restaurant for no more than $12. Employees will be awarded quarterly equaling about $6,000 annually. The City has a margin of about $16,000 they can reduce in premiums and Workers Compensation, they also have some liability claims that could reduce premiums based upon claims lost or reduction of claims lost in the future.

Mayor Fridal asked if the Trust is encouraging the City to do this. Manager Warnke said they are. They have different rewards programs, but the one proposed and put into the employee personnel manual was the most reasonable and simple to do. City Staff felt employees would buy into it. The idea is to develop a culture of safety and have employees police themselves—and having an award at the Department level should accomplish that. All individuals in each Department would either get the reward or would miss out on it for the quarter if a member of their Department has a claim that results in a loss. Some Departments will be combined with others due to size.

Councilmember Rohde said this is a great idea, but would take it a little further. He suggested giving recognition on the spot for those caught in a safety act. Manager Warnke agreed and said he would talk to Department Heads to see what they could come up with.

Approval for a special event permit for a concert and auxiliary activities at Jeannie Stevens Park on October 14, 2017. Manager Warnke said there are three main elements to this special event planned for October—a concert, fireworks show, and sky lanterns. The concern comes from the sky lanterns, which are basically paper envelopes that lift due to hot air from a flame.

Manager Warnke said the main attraction will be the sky lanterns and the family is looking to put on a nice event. Since the lanterns do pose a risk, he asked if the lanterns were not allowed would they still have the event, which might not happen. Mayor Fridal said if it is ultra-dry, it gets really risky. Councilmember Holmgren agreed, saying there will still be stubble fields and a lot of dry area in October and those things have to come down eventually. Councilmember Rohde said they will come down, but they will not be lit anymore. Manager Warnke said in theory, that is what is suppose to happen, but it can also go sideways if the person does not hold it long enough. If they let it go, it starts to ascend and then drift at a lower altitude and that can pose problems. Manager Warnke said the staff looked online to see potential issues. Besides a fire risk, one fell into a roadway and caused a traffic accident and I-15 is not far from the proposed location.

Mayor Fridal asked how high they go. Bonnie Sackett from Dragon Dynamite said several thousand feet and they do not travel very far unless there is a wind risk (15 mph or more). Councilmember Rohde also brought up the nearby hospital and that it would be close to the helicopter zone. He said they would want to ensure no helicopters were coming in.

Mayor Fridal said they need to get input from Fire Chief Steve Batis. Councilmember Reese advised the Council not to immediately discourage these types of things because this is something that should be brought to the community. Councilmember Rohde agreed, but said if they can find a safe way to do it. Director Christensen said the group met with him, Chief Batis and Chief Nance. Director Christensen said he loves seeing the events come in and the draw is going to be the sky lanterns because not a lot of people have lit them. However, most of the pictures online are in the west desert or Salt Flats; there is not a lot of use in residential areas. Councilmember Holmgren said they would need to have someone like Chief Batis there to regulate the fireworks show and the sky lanterns. Director Christensen confirmed that is part of their special events ordinance to have the Fire Department on staff for these types of shows.

The meeting adjourned at 6:55 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the August 15, 2017 City Council Meeting to order at 7:02 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 (left at 7:30 p.m.), Reese, and Rohde, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief David Nance, and Treasurer Sharri Oyler. Councilmember Vance was excused.

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 Director Christensen and the Pledge of Allegiance was led by Mayor Fridal.

2. Introduction of guests:

Mayor Fridal welcomed those in attendance, including several police officers and scouts.

3. Approval of Agenda:

Councilmember Holmgren made a motion to approve the agenda, but asked that they talk about item d. before item c. since he needed to leave by 7:30 p.m.

Motion by Councilmember Reese to approve the agenda of August 15, 2017 with those changes. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

4. Approval of minutes – August 1, 2017

Motion by Councilmember Doutre to approve the minutes of August 1, 2017. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

5. Public comments: Comments limited to three minutes.

There were no public comments.

6. Presentation

a. Medal of Valor to Officer Hayman – Chief Nance
b. Lifesaving Medal to Officer Harding – Chief Nance

Chief Nance read a couple letters to explain the awards that would be handed out to two of their officers, which were then presented by Mayor Fridal.

Chief Nance said, on May 9, 2017, Officer Matt Harding was on duty working with children at one of the Tremonton elementary schools. Dispatch advised another officer of an overdose, reporting that a 44-year-old male had overdosed and was unconscious. Knowing he was the closest officer to the call, he responded. He was the first responder to arrive on scene and found the victim unconscious, unresponsive, and taking shallow and infrequent breaths. Having been trained in recognizing and treating opioid overdoses, he quickly administered Narcan to the victim. A short time later when medical personnel arrived on scene the victim was breathing better and beginning to respond. Officer Harding’s quick actions helped reverse the effects of this dangerous drug and allowed the victim to get further medical care and ultimately recover. He was presented with the Tremonton Police Department Life Saving Medal.

Chief Nance said, on May 17, 2017, during early morning hours, Officer Chad Hayman was working a patrol shift. While driving past Western Billiards, he observed a male subject standing outside the front entrance with what appeared to be a high power rifle. He noticed the subject was trying to gain entrance to the business and from the vehicles parked outside, it was apparent that customers were still inside. He requested assistance from dispatch and attempted to make contact with the subject. Upon seeing him, the subject hid behind a vehicle and Officer Hayman began giving verbal commands, which the suspect did not obey. After a few seconds, he saw the suspect drop the rifle and flee on foot. Not knowing if the suspect was armed with additional weapons, he pursed him on foot while advising dispatch of the situation. During the foot pursuit, he noticed the suspect did not have any weapons in hand and upon catching up to the suspect, transitioned from handgun to Taser. He deployed the Taser successfully and took the suspect into custody. He handled the suspect and unsecure crime scene and numerous witnesses for nine minutes before help arrived. The suspect informed him that he was upset with patrons in the bar and his intent was to kill people inside and then take his own life. Chief Nance said Officer Hayman’s swift actions and disregard for his own safety, undoubtedly saved multiple lives that night. In fact, the suspect thanked him for saving his life. Had he hesitated even for a short time, the outcome could have been very different. He showed great bravery knowing that back up was not in the immediate area and took action that was needed to stop a potential mass casualties situation from happening. Officer Hayman was awarded the Tremonton Police Department Medal of Valor for extraordinary heroism and eminent risk of serious bodily injury. He demonstrated courage through voluntary actions in an extremely dangerous situation.

Mayor Fridal said these were deserved honors. Councilmember Reese thanked Chief Nance and the police force for the things they do with the little amount of recognition they get. Thank you from the bottom of our hearts he said and the Council agreed.

The following items were discussed out of order

7. Council Business:

a. Discussion and consideration of approving the Warrant Register for June 2017

Motion by Councilmember Holmgren to approve the June 2017 Warrant Register. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

b. Discussion and consideration of approving the Warrant Register for July 2017

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

c. Discussion and consideration of adopting Ordinance No. 17-12 amending Tremonton City Land Use Code, Chapter 1.08 Commercial and Industrial Zone Districts, Section 1.08.010 Uses from a Conditional Use Permit required to a Permitted Use for Manufacturing/Industrial Heavy Uses within the Manufacturing Distribution (MD) Zone and the Manufacturing General (MG) Zone

Manager Warnke said a conditional use permit has an approval authority and there would be no additional review associated with these uses. They would be recognized as a permitted use without any conditions.

Motion by Councilmember Reese to adopt Ordinance 17-12 amending the City’s Land Use Code. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

d. Discussion and consideration of adopting Resolution No. 17-43 approving a new Intermountain Health Care sign copy on a billboard controlled by Tremonton City located on I-84 heading southbound immediately before Exit 40

Councilmember Doutre said it looks really good and the City appreciates the hospital for updating these things and keeping them looking fresh. When asked about the timeline, IHC said it would be done soon. Councilmember Rohde declared a conflict of interest and did not vote.

Motion by Councilmember Doutre to approve a new Intermountain Health Care sign copy on the billboard. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – abstain. Motion approved.

e. Discussion and consideration of adopting Resolution No. 17-44 approving the Sorensen Subdivision Phase 3 Subdivision Development Agreement

Motion by Councilmember Holmgren to approve the Sorensen Subdivision Phase 3 Development Agreement. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

f. Discussion and consideration of adopting Resolution No. 17-45 amending Section XIX: General Safety of the Tremonton City Personnel Policies and Procedures to institute Employee Safety Awards

Manager Warnke said the City is always looking for ways to make operations safer, not only for employees, but the general public as well. The City has come up with an idea based upon their insurance provider’s prompting and suggestion to create an Employee Safety Award.

Manager Warnke explained the City has eight or nine Departments and if they operate in a way that there are no insurance claims, every three months, they will get a $12 gift certificate for a local restaurant to reward them for safety. He said the City’s insurance provider has seen drops in losses from other cities that have done this. They have been successful at creating a culture of safety and that is what Tremonton hopes to achieve. Councilmember Rohde said there are some great industries here in town and their number one thing is safety. He is a strong advocate of that. This is awesome and needs to move forward.

Motion by Councilmember Rohde to adopt Resolution No 17-45 and institute Employee Safety Awards. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

g. Discussion and consideration of Dragon Dynamite, LLC for approving a Special Event Permit for a concert and auxiliary activities at Jeannie Stevens Park on October 14, 2017

Bonnie Sackett from Dragon Dynamite said they are proposing good family, friendly entertainment. They chose Tremonton because they have family ties here. Fireworks are her son’s specialty, but they wanted to take an event one step further. They chose October because it is a special month. It is Cancer Awareness Month and this was an opportunity to honor their family members who have passed away because of cancer. They want to do something that means something to them she explained. If anyone has been to a sky lantern event, it is almost a spiritual experience and will take your breath away.

They plan to have local artists put on the concert, while they are in charge of the fireworks and lanterns. Her son is a safety guy and has looked at every angle to make sure they will take care of all the worry and any scenario that could arise. He has gone to extremes to make sure it will be a safe event and this is something people will remember forever. This will bring people into the community and bring business.

Councilmember Doutre said she was really happy to hear about the insurance ($5 million), which covers a lot of questions the City had about safety. She asked how people would buy the lanterns. Ms. Sackett said they will have ticket sales ahead and they will purchase the lanterns when they come to the event. Those in attendance will not receive the lanterns until 15 minutes before lighting and at that time they will be instructed on how to use them. They will be instructed three different times. They will have a paper with instructions and will be required to sign a waiver. If they are not safe, this gives them reliability for their actions. After the concert, each area will receive an actual demonstration. Before they are sent off, they will ensure they have the approval from the Mayor or Fire Chief—someone in charge. If they have winds over 15 mph, it will not be safe to light them. They will also let the City decide how many lanterns they feel comfortable being lit (possibly 500 to 1,000 lanterns). Those in attendance will be given a marker to write a note to whomever they choose to represent or even a cause.

Councilmember Doutre said if this goes over really well, is it something the Sackett Family could do yearly and maybe at a different time when the area is more green. Ms. Sackett said yes, it could be during City Days or to honor local heroes. It does not have to be October 14, but that meant something to them. Councilmember Rohde said October for Cancer Awareness is a perfect time. He asked about colors of the lanterns. Ms. Sackett said there will be pink, along with other colors that represent other causes.

Councilmember Rohde said he is concerned about the hospital being so close and the potential of Life Flight coming through. The chances are slim, but they need to make sure things go smooth and they have a communication channel between police and dispatch. Councilmember Reese said that is doable because of the connections they have. Ms. Sackett said the lanterns take a minute to fuel enough to lift and its burn maximum is under three minutes. By the time they lift, you have two minutes of worry time and then they go out. They have lit so many lanterns and never had a problem ever. Councilmember Holmgren said he was a little concerned coming into it, but Ms. Sackett has done a good job of relieving his concerns.

Councilmember Doutre asked about marketing and how they will advertise the event. Ms. Sackett said they will take care of it. They will represent Tremonton because a lot of locals will be in attendance, but they will get people from all over. Councilmember Doutre also asked if they should have food trucks available. Ms. Sackett said they could have anything the City feels would be appropriate. They could have food trucks and other booths. This would also be a good time to educate people and have things that represent Tremonton.

Manager Warnke said as part of the approval, he will write a letter that has all of the conditions that they coordinate. He confirmed that the Council was fine with the sky lanterns under direction of the Fire Chief and other reasonable parameters. Mayor Fridal said his only concern is the fire hazard, which should not be a problem if they monitor it.

Motion by Councilmember Holmgren to approve this special event. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

8. Reports & Comments:

a. City Manager Reports and Comments

1. Update on the Cooperative Agreement adopted by Resolution No. 17-42 between the Utah Department of Transportation and Tremonton City for storm water improvements on Main Street (State Road 102) between Country Club Drive and 2000 West

Manager Warnke said the Council adopted an agreement with UDOT to undertake a storm drain project—a cost sharing agreement. Originally UDOT contemplated the amount of $200,000 for their participation, but came back with a participation cap of $100,000. Engineer Chris Breinholt has had conversations with UDOT’s engineer, going over the methodology and there could be two issues: one, they do not agree with the methodology or two, they do not want to participate beyond that $100,000. The City is still trying to see if they can get closer to what the estimate of the actual piping cost will be. He added that UDOT has been good to step forward. He was impressed that they wanted to participate and help—$100,000 is a nice contribution. Director Fulgham said the cost of the project is $550,000 with the pipe costing about $190,000. The original estimate was $150,000 for pipe cost, but the bigger pipes are more money. Mayor Fridal said this sounds good—it is an expensive project.

b. City Department Head Reports and Comments

Director Fulgham said there is a new sign at the cemetery. He also told the Council that their road projects would start on August 24, the day after the parade. They will pulverize the roads and get them packed down. Those roads will still be useable, just like a gravel road. They will come in the following Monday after the fair and start ripping up the roads and get them ready to pave. They will take out three inches and add three inches to grade the crown of the road. They will put the grindings in any soft spots and then the City will keep the rest for alley improvements or anywhere that needs to be dressed up. They plan to be finished on September 18, depending on weather.

Manager Warnke said they will also hold a special Council meeting the first part of September to talk more about the secondary water system and how to move forward with financing. They will start conversations with bond council.

c. Council Reports and Comments

Mayor Fridal reminded the Council about Peach Days and that they need to prepare a musical number for a lip sync. They also talked about the parade and said instructions have been emailed to them.

No closed session was held at this time.

9. CLOSED SESSION:

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
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

11. Adjournment.

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

The meeting adjourned at 7:41 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 5th day of September, 2017.

 

Linsey Nessen, City Recorder