City Council Minutes 1-24-23

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
JANUARY 24, 2023

Members Present:
Connie Archibald
Wes Estep
Bret Rohde
Rick Seamons
Lyle Vance—excused
Lyle Holmgren, Mayor
Shawn Warnke, City Manager
Marc Christensen, Assistant City Manager—excused
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Holmgren called the January 24, 2023 City Council Workshop to order at 4:03 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Holmgren, Councilmembers Archibald, Estep, Rohde, and Seamons, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Police Chief Dustin Cordova and Treasurer Sharri Oyler. Councilmember Vance and Assistant City Manager Christensen were excused.

Motion by Councilmember Archibald to move into closed session. Motion seconded by Councilmember Estep. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

The Council moved into a closed session at 4:04 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; and/or
d. Discussions regarding security personnel, devices or systems

Motion by Councilmember Rohde to return to open session. Motion seconded by Councilmember Estep. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

The Council returned to open session at 6:59 p.m.

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

The meeting adjourned at 6:59 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Holmgren called the January 24, 2023 City Council Meeting to order at 7:04 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 Archibald, Estep, Rohde, and Seamons, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Police Chief Dustin Cordova, and Treasurer Sharri Oyler. Councilmember Vance and Assistant City Manager Christensen were excused.

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 Councilmember Seamons and the Pledge of Allegiance was led by Recorder Nessen.

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

3. Declaration of Conflict of Interest: None.

4. Approval of Agenda:

Motion by Councilmember Estep to approve the agenda of January 24, 2023. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

5. Approval of minutes – January 3, 2023

Motion by Councilmember Archibald to approve the minutes of January 3, 2023. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

6. Public Hearings:

a. Community Development Block Grant (CDBG) First Public Hearing

FIRST CDBG PUBLIC HEARING MINUTES
TREMONTON CITY FIRST CDBG PUBLIC HEARING
HEARING HELD IN THE CITY COUNCIL MEETING ROOM AT 102 SOUTH TREMONT STREET, TREMONTON, UTAH, ON JANUARY 24, 2023, AT 7:09 P.M.

The Tremonton City first CDBG public hearing was held on Tuesday, January 24, 2023, in the City Council Meeting Room at 102 South Tremont, Street, Tremonton, Utah, meeting commenced at 7:09.

Present: Mayor Lyle Holmgren, Councilmembers Connie Archibald, Wes Estep, Bret Rohde, and Rick Seamons. Other public or elected officials or employees included City Manager Shawn Warnke, City Recorder Linsey Nessen, Public Works Director Paul Fulgham, Police Chief Dustin Cordova, Sergeant Josh Kearl, Treasurer Sharri Oyler, and Social Media Manager Sara Mohrman. Members of the public in attendance, including those attending for the CDBG Public Hearing were Julie Beagley, Isabella Beagley, Scott Mohrman, Madison Mahoskey, and Doug Ayotte.

City Recorder: Linsey Nessen
City Clerk: Not in attendance
City Attorney: Not in attendance

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC HEARING:

Mayor Holmgren opened the public hearing for the CDBG program and stated that the purpose of the public hearing is to provide citizens with pertinent information about the Community Development Block Grant program and to allow for discussion of possible applications for the 2022 or 2023 funding cycle. It was explained that the grant money must be spent on projects benefiting primarily low and moderate-income persons. The Bear River Association of Governments in which Tremonton City is a member, is expecting to receive approximately $750,000 in this new program year. All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time. Mayor Holmgren read several of the eligible activities listed including examples, such as construction of public works and facilities, e.g., water and sewer lines, fire stations, acquisition of real property, provision of public service such as food banks or homeless shelters. Mayor Holmgren indicated that in the past Tremonton City has received two CDBG grants. One in 2018 for generators at the City Administration Office, Food Pantry and Senior Center. Another was in 2014, we received a grant for the Senior Center parking lot. The City has handed out its capital investment plan as part of the regional “Consolidated Plan”. This list shows which projects the city has identified as being needed in the community. It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak. The clerk will include your name in the minutes and we would like to specifically respond to your question and suggestions during the hearing. Mayor Holmgren then opened the meeting up to further suggestions from the audience. Mayor Holmgren then asked if there were any other suggestions. No comments were made. The hearing was adjourned at 7:12 p.m. time. There were 10 people in attendance.

7. Public comments:

Resident Douglas Ayotte, who lives along Iowa String across from Maverik, said I need everyone to humor me and pretend I am a bit ornerier than I am currently because it has been a week since we had the sewer situation in our home. Things are good now. The sewer and water in our home and basement were preventable and that is why I am here. Steve Batis, prior to selling us the home almost five years ago, said he thought it was fixed. It used to happen quite a bit when he was in the home. The sewer fills up in the tub and you cannot flush the toilets. It fills up the furnace room, too. This happened on our 12th anniversary, which was rude. Two days later my son turned 15 and we had to have his party at Pizza Plus because our house smelled like poop. We had to stay a night at a hotel just to shower. This was a five-day ordeal. Now that I have the venting out of the way, I do want to commend Director Fulgham and Manager Warnke because they rallied, once the information got to them. Your chain of communication in the City is horrible. I do not know why it took so long to get to them because I made several phone calls that were not followed up with or they were ignored and I hope it was not the latter. I very much appreciate what you folks do for the City. I am nowhere near as involved as I was when I lived in Brigham City, but I know you work hard. But heavens if we can keep those sewers cleared or the agencies, committees, organizations, and businesses that are responsible for doing their jobs. Give me their numbers and I would be happy to talk to them, too. This was preventable and that is frustrating. Mayor Holmgren said we had some issues along Iowa String because of all the water that was going into the sewer. Mr. Ayotte said we are forgiving, but boy that was a mess. When asked who he called, Mr. Ayotte said dispatch was my first call and they gave me Officer Sorensen. I called him at 11:30 on the 10th. I had to call back the next day at 2:30 and I talked to Assistant City Manager Christensen. Director Fulgham said dispatch should get a hold of me. Mr. Ayotte said Mr. Warnke asked me questions and once things were cleared up, he was really on it. Three days after we were out of the woods. It came up again, but did not fill the bowl around the sewer drain. That was about nine days ago and we have been good since. The communication needs to be worked on. Thanks, I appreciate your time.

8. New Council Business:

a. Discussion and consideration of approving the December Warrant Register

Motion by Councilmember Estep to approve the December Warrant Register. Motion seconded by Councilmember Archibald. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

b. Discussion and consideration of approving December Financial Statements

Motion by Councilmember Archibald to approve December Financial Statements. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

c. Discussion and consideration of adopting Resolution No. 23-07 approving a Rural Communities Opportunity Grant agreement between Tremonton City and the State of Utah for improvements to Midland Square

Manager Warnke said Mayor Holmgren and Manager Mohrman were the catalysis, while Assistant City Manager Christensen and I provided administrative support. It is a unique opportunity and is consistent with our plans to improve Main Street, as well as addressing Midland Square. This could change it from a passive park to a more active public plaza. This grant yielded $400,000 in funds to create a permanent stage, which was originally part of Midland Square’s plan. This would also create a restroom, which is needed for public gatherings. We would also create electrical pedestals for vendors, which will support activities like the Farmer’s Market. We would have to match a portion ($173,000). We propose that the RDA would be the matching agency and would formalize that matching requirement on the City’s behalf. This is a great opportunity and I am grateful for those participating. Mayor Holmgren said the idea is to create a gathering place in town where people can congregate. That has an impact on the markets in town. They will start seeing an increase in business and foot traffic. We pitched this idea as a way of having an economic impact on the City, especially the downtown area. Once we have the funding it will be a matter of getting everyone together and providing input. This is going to be an exciting project.

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

d. Discussion and consideration of adopting Resolution No. 23-08 reaffirming, amending, and enacting new fees and fines in a schedule entitled Tremonton City Consolidated Fees and Fines schedule including, but not limited to, Garbage & Recycling Collection Service Fees

Manager Warnke said our solid waste hauler has been EconoWaste for about 20 years. In my estimation they have done a great job. With the inflationary environment we all find ourselves in, they are requesting an increase. First, this is tied to the price of gas. As gas increases or hits different benchmarks, he would charge us an additional amount because of the variability associated with gas prices. It is proposed that we would adopt the highest rate. He is also requesting a 15% increase associated with general operations associated with inflation. After extensive conversations, I feel this is a needed increase for him in order to provide services. We want to make sure our contractors have the ability to provide good service. We are grateful for EconoWaste. The City does charge more than we pay our contractor for several reasons. One is the general administration that is associated with it, which includes office staff, as well as delivering and picking up cans. Also built into these fees are funds for the City to replace cans. We charge a new home the cost of the garbage can, but once they have purchased it, we have the ongoing responsibility to maintain those cans. Residents pay $13.45 for the first can and pay that for the second can as well. Recycling cans would increase to $7.54. When asked when his contract was last adjusted, Manager Warnke said generally speaking, it has been flat. We do track the changes over time and have found that most requests have been tied to fuel and landfill prices, which are all operational costs. Mayor Holmgren said the cost of everything has gone up dramatically. I feel the pain on what these people go through for their cost of operation. Councilmember Rohde said I have heartache over the 33 cents a gallon on $2.50 to $3.50 because it is going to be that price no matter what. He is asking for 33 cents more a can and then hiking it up 15% more. I understand when gas prices get up to $5 or $6 a gallon, but not when it is regular price. Manager Warnke said we spent a lot of time talking and there were negotiations. The bottom line is, he is in a position where his operations are demanding more revenue. He needs more revenue to provide the service to meet the cost. In the end, I felt what we ended on was reasonable and needed. He has not been increasing charges at intervals that allow his business to be successful and replace equipment. He has had to be more forthright in his requests that is translating into these increases. Our goal is not to make money on garbage. We charge a bit more for the cost of providing that service to offset added services. We do not make a profit, but do try to cover our costs. This request would start immediately. Councilmember Estep said we owe our citizens some notice. It should be posted that due to inflation garbage costs will increase.

Motion by Councilmember Archibald to adopt the resolution, which would enact new fees and fines effective immediately, with communication to our citizens regarding this increase. Motion seconded by Councilmember Estep. Roll Call Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – nay, Councilmember Seamons – nay, Councilmember Vance – absent. Motion was tied 2-2, so Mayor Holmgren voted – aye. Motion approved by a 3-2 vote.

9. Calendar Items and Previous Assignment

a. Review of calendar

Manager Mohrman said we have a Mardi Gras activity on February 18. There will be a King Cake bake off and we will need judges. There will be kids’ activities, mask decorating, coloring pages, as well as education on Mardi Gras history and traditions.

Manager Warnke said the Daddy Daughter Dance is February 4. Official Steve Bench’s retirement is on the horizon. We sure have appreciated and enjoyed him.

The conference in St. George will be April 19-21. RSVP with Recorder Nessen.

b. Unfinished Business/Action Items: None.
c. Branding Implementation update:

Manager Warnke said we are working on wayfinding signs, which will bear the City’s brand. That is moving forward through the planning process. Assistant City Manager Christensen is following up on a few items. Councilmember Estep said we will have our City flag ready for Memorial Day. Councilmember Rohde said there have been a lot of comments on the social pinpoint. Assistant City Manager Christensen is doing a great job of responding.

10. Reports & Comments:

a. City Administration Reports and Comments: None.
b. Development Review Committee Report and Comments:

Manager Warnke said we have not seen many formal applications, but a lot of developers are gearing up for future development. We have a meeting tomorrow to discuss townhomes on 4th West. We are following up on others. We met with Rivers Edge at our last meeting and they are working toward finalizing Phase 1 plans. There are a few items on the construction drawing and plats they need to do. We are working on a dedication agreement, which would dedicate the land the City needs to provide services, primarily the pump station site, the easements, and park and storm drain basin. They hope to start development this spring. Our engineer will work with theirs to provide the pump station details for Service Area 9 for secondary water. Phase 1 is 80 lots.

c. City Department Head Reports and Comments

Director Fulgham said we have followed up on the sewer problem. We know what the issue is. The Tremonton Garland Drainage District pipe is not draining the water from our ground. It was put in when these homes were farmland, but those areas are homes now, which we all pay property taxes on. They are working on it and trying to get the plugs out but as a City, we need to keep putting pressure on them. They are appointed officials by the County Commission. They have no employees so it is hard to maintain things when you are a volunteer board. They have to hire everything out. Once they get the plugs open, they need to video inside those pipes to see what the issues are. Those lines are important and were put in to dewater the ground. Our sewer system could not handle all that water because it was not designed for constant flow, but for sewer flushes. When you have sump pumps running continually from homes into that that is the big issue. Mayor Holmgren gave a shout out to Director Fulgham and his crew for their efforts with flooding and sewer problems.

Councilmember Estep said the puppy pound is great and I have heard lots of great comments. Leaps and bounds are being made. Chief Cordova said we had a lot of donations and are partnering with others.

d. Council Reports and Comments

Councilmember Archibald said we had the opportunity to attend Garland City’s meeting and they discussed the accident on December 12. So much can be said about everyone who helped. Hats off to all those who were involved that made things better for those involved in that bus accident.

Mayor Holmgren took the opportunity to thank City employees. I am taken back all the time by what we are able to accomplish with limited personnel and resources, but we get the job done and go the extra mile. We really appreciate everything you guys are doing. I am so appreciative and thankful for your efforts.

The Council moved into a closed session at 8:02 p.m.

11. CLOSED SESSIONS:

Motion by Councilmember Archibald to return to open session. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

The Council returned to open session at 8:32 p.m.

12. Adjournment.

Motion by Councilmember Archibald to adjourn the meeting. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – absent. Motion approved.

The meeting adjourned at 8:32 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 7th day of February, 2023.

Linsey Nessen, City Recorder

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