City Council Minutes 1-29-19

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

JANUARY 29, 2019

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

CITY COUNCIL WORKSHOP

Mayor Fridal called the January 29, 2019 City Council Workshop to order at 6:01 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, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Community Services Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief Kurt Fertig, and Treasurer Sharri Oyler. Also in attendance were: City Finance Director Curtis Roberts (6:03 p.m.) and City Attorney Dustin Ericson.

1. Discussion of implementing a Secondary Water System within Tremonton City’s incorporated limits which may include, but is not limited to, the following:

a. Bear River Canal Company’s approval of Service Area 3
b. Awarding the bid for the Service Area 3 Secondary Water System Expansion
Project
c. Adjustments to the City’s Secondary Water Rates and Culinary Water Rates
d. Financing of the construction of Service Area 3

2. Discussion and review of agenda items on the 7:00 City Council Meeting Agenda

Mayor Fridal said at the beginning of meetings we need to declare if we have a conflict of interest on any items we will be discussing. This is a safety precaution to keep us out of trouble. This will be added to future agendas.

Manager Warnke suggested the Council go into a closed session.

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

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

3. 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 system

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

The Council returned to open session at 6:49 p.m.

The meeting adjourned at 6:49 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the January 29, 2019 City Council Meeting to order at 7:00 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, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Community Services Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief Kurt Fertig, and Treasurer Sharri Oyler. Also in attendance were: City Finance Director Curtis Roberts and City Attorney Dustin Ericson.

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 Mayor Fridal and the Pledge of Allegiance was led by Councilmember Rohde.

2. Introduction of guests:

Mayor Fridal welcomed those in attendance, including a group of scouts.

3. Approval of Agenda:

Motion by Councilmember Doutre to approve the agenda of January 29, 2019. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

4. Approval of minutes – December 18, 2018

Motion by Councilmember Vance to approve the minutes of December 18, 2018. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes.

Reporter Cari Doutre, with the Leader Newspaper, thanked the Council for letting her present this year’s Andrew N. Rytting Award for community service. She said for the past 59 years the Leader has honored one citizen with the award, recognizing someone who has served the community without any thought of reward or recognition. This year’s recipient has quietly served the community for four decades, but does it for no reason other than she loves others. Her impact on those she serves and the community as a whole cannot be measured in words or time. Without hesitation she steps up to offer help and there is no limit to what she is capable of. The award for lifetime service to our community goes to Cindy Parry.

6. Years of Service Award

a. Bret Rohde, City Council – 5 Years of Service
b. Jeff Reese, City Council – 15 Years of Service

Mayor Fridal recognized and thanked them for their service.

The following items were discussed out of order.

7. Presentations

a. Tremonton City Audited Financial Statements of June 30, 2018 – Curtis Roberts, Finance Director

Audit partner Mike Kidman from Jones Simkins said the audit went well and reviewed the documents and opinions with the Council. He said the audit standards have been followed. This is an unmodified opinion, meaning we believe these financial statements are correct. He also reviewed the standards of internal control and compliance with laws and regulations, stating that Tremonton has a very good system and the staff is very conscientious. There are no concerns or issues. We had no compliance findings, just very good, clean opinion. They are required to provide a stand-alone letter showing the details of the audit. They also make suggestions and now is the time to get the infrastructure reporting updated. That information needs to be in the financial statements every three years. Everything looks good—the City had a really good fiscal year and hit nice objectives. It is important for the citizens to know we understand this is public money and we treat it seriously. The City is being responsible with it.

Director Roberts talked about the Enterprise Funds and said the numbers are positive and where we want them to be. They are healthy and able to provide for the future. Every once in awhile we have increases, but they are right where they need to be. The Council has spent a lot of time working on our General Fund planning the budget and making plans. There are no negatives in the variance column and all departments stayed within the budget. There is not enough credit given to the department heads and Council for continuously monitoring that. The money collected from citizens to provide these critical public services is spent where you say so kudos to everyone in the City for doing their part and understanding the Council’s objectives. The financial report reflects that the City is doing its job of spending the resources of the taxpayers very wisely.

Councilmember Reese asked about the buffer. Director Roberts said the General Fund is designed to meet current needs, but there is a delay of money coming in so they have to plan in case of hiccups. State law allows you to carry over 5% to 25% of the current year revenues into the next year. The Council has tasked me with keeping that around 23%. The total fund balance is just shy of $1.3 million. Of that, $426,000 has been assigned to other things to be used next year. A number of years ago the Council directed me to assign money to the UTOPIA payment so we are always a year ahead. There is about $860,000 of unrestricted money that could be spent on anything the Council decides (minus 5% of the revenues). Through diligent planning of the City, we are able to transfer $1.15 million into the Capital Project Fund for future projects. The Council expressed their appreciation for Director Roberts and all department heads. Director Roberts said kudos to Recorder Nessen, Deputy Recorder Cynthia Nelson and Treasurer Oyler for all their work.

8. New Council Business:

a. Discussion and consideration of approving Tremonton City Audited Financial Statements of June 30, 2018

Motion by Councilmember Vance to approve the Audited Financial Statements of June 30, 2018. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration on Awarding Bid for the Service Area 3 Secondary Water System Expansion Project

Director Fulgham said we went out to bid for secondary water in service area 3, which is broke up into two schedules (A and B). We had eight bidders and the lowest, for both schedules, was Sorensen Construction from Ogden ($2,918,092). Our engineer’s estimate was $3.393 million, so it is about $400,000 less. They were $100,000 lower than our next bidder. After review, they have covered everything completely and are qualified. Our recommendation is to award service area 3, A and B, to them. Councilmember Reese asked if we have had anything to do with them in the past. Director Fulgham said I have not worked with them personally, but they are a big outfit and do a lot of work throughout northern Utah. Councilmember Vance asked about timing. Director Fulgham said if we award the bid to them, they would start in April maybe March. They have until next spring to have everything wrapped up. Councilmember Vance asked if we need to be concerned about the holding pond. Director Fulgham said no, we are working with the canal company and they have given us three years to come up with an equalization basin. We are discussing that with the manager and our engineer. It does not have to be located on our pump site. We will have to wait until the end of the irrigation system before we install that pump system. Councilmember Rohde said I am not ready yet.

Motion by Councilmember Reese to award the bid to Sorensen Construction. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Reese – aye, Councilmember Rohde – nay, Councilmember Vance – aye. Motion approved by a 3-1 vote.

c. Discussion and consideration of adopting Resolution No. 19-01 approving an Aging Services Contract for Fiscal Year 2019 between Bear River Association of Governments’ Area Agency on Aging and Tremonton City

Manager Warnke said this is a contract we receive annually, but is has never been on the agenda. I want to start doing that. In the past the mayor has signed it. This discusses the amount of money the City will receive from BRAG, who is the area agency on aging. One of their roles is to help distribute funds to senior centers. This contract provides and facilitates the disbursement of those funds, along with some contractual agreements that correspond with them. Councilmember Doutre said I am really glad to see this. I think it would be really good for our seniors to know what goes into this and what they receive.

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

d. Discussion and consideration of adopting Resolution No. 19-02 Memorandum of Understanding for Unified Policing Services between Tremonton City and Garland City

Chief Fertig said when Garland’s Chief left for another job, they approached us about merging police services through some sort of contract. A few weeks ago we were directed by the Council to look into this to see if it would be beneficial without increasing our costs. City Attorney Ericson put this information together for your consideration. Chief Fertig addressed the main points. The budgets will not be combined. Garland will continue to operate with their same budget, funding their manpower and we will do the same. Any increase in pay is taken care of by the respective city. Councilmember Rohde asked if there is a committee that allows them to get together and approve budgets. Chief Fertig said if we had to make our equipment a little better we would approach our City Council about upgrading and then would go to Garland and ask them to do the same thing. Both municipalities will try to keep the officers as even as possible—the same goes for training. Garland is giving up supervision by entering into this contract. Tremonton will become the supervisor of the entire agency, which means the Council will be supervising the combined police department through the police chief. The new memorandum makes it clear that Garland will have say and participation, and final decisions on hiring and firing of the employees they are paying for. Garland would prefer me to be the person who oversees their budget. If there were increases, I would bring that to their attention and let them know where things need to happen. An at-will agreement is written into the contract allowing either party, with 90 days notice, to back out of the agreement at any time if things are not working out or are not mutually beneficial.

Chief Fertig said Garland would get 24/7 police coverage, which is a big increase in police services. They will have access to a specialized investigation division, animal control services, a trained K9 handler and a full-time strike force agency. This would increase Tremonton’s patrol manpower, making things safer and us more responsive to citizens. We would also have an extra investigator. Our investigation division of one person is overwhelmed. We would also have access to a school resource officer. By adding that position that Garland has, we have someone to look into our school issues as well. The savings they get by dropping one salary from a chief salary to a regular officer salary will fund a shelter technician for us to assist with animal control, which we could really use. Chief Fertig clarified what positions Garland and Tremonton would each fund, as well as other responsibilities. Each department will work together to make sure each city is treated equally.

Garland has asked that the badges and vehicles reflect the combined identity, which could be an increased cost for Tremonton. Councilmember Rohde asked if there would be two separate offices. Chief Fertig said they would combine in our office with the exception of evidence. They will maintain those lockers for any cases in Garland. The same is true for citations that will go through the respective courts. The officers are interchangeable. Councilmember Vance asked about timing. Chief Fertig said Garland would consider this during their next council meeting. If it is approved, the first item of business would be hiring to fill the empty Garland position. We would conduct the hiring process for them, but they have the final say. Disciplinary issues will be taken care of by us unless it affects their budget, then they have the final say. Councilmember Doutre said I appreciate the work you have done and showing us the pros and cons. I like how it is worded and think we ought to go with your recommendation.

Motion by Councilmember Doutre to approve the resolution. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Reese – nay, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved by a 3-1 vote.

e. Discussion and consideration of adopting Resolution No. RDA 19-03 approving a Second Amendment to Development Agreement between Tremonton City, the Tremonton Redevelopment Agency, and C. & D. Enterprises Tremonton, L.C eliminating the requirement from the Development Agreement that requires the property located at approximately 74 South 100 East, Tremonton, Utah to be used only as a grocery business

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

9. Commencement or continuation of City Council Workshop items (if necessary)

a. Discussion of implementing a Secondary Water System within Tremonton City’s incorporated limits

10. Calendar Items and Previous Assignment

a. Review of calendar: none
b. Review of past assignment: none

11. Reports & Comments:

a. City Manager Reports and Comments

b. City Department Head Reports and Comments

1. Discussion of proposed new Contract for Fire Protection Services between Tremonton City, Box Elder County, and Town of Elwood

Manager Warnke said our contract for fire protection services that we provide to Box Elder County has expired. In State code there is certain criteria when cities and public entities enter into this agreement. One is a term of four years and it has been four years since we last adopted. I have a new agreement to send out to the County and Elwood. The terms are basically the same with the exception of the fee for service, which has not increased in the last 10 years ($50.36 per dwelling unit within the service area). This year it would be $58.15. I will start that process and send out the draft agreement.

2. Imminent Capital Projects listed on the City’s website

Manager Warnke said there is a list of Capital Projects we have funded or are proceeding with on our website. At the bottom of the page there is a new tab that says projects. There we will write a short description to inform the public. As construction starts, those items are moved to the top of the City’s website under latest news. There we can provide video, pictures and diagrams. This is a good place to see where we are at on projects.

3. Tremonton City’s application to the Tourism Tax Advisory Board to replace sign copy on City-owned billboards

Manager Warnke said we are applying for a TAB grant to apply for billboards. The County uses Transient Room Tax and makes that available for grant funds. We budgeted about $30,000 for our three billboards. We need to provide new sign copy for them and Coordinator Zach LeFevre is coming up with some concepts, which will be brought to you in the future. The Council directed him to apply for this grant. Manager Warnke said in talking to Yesco, they estimated the cost at about $15,000 a sign copy, which is meant to last. They would work with the Chamber, who has claimed the backside of one of the billboards on SR-13.

c. Council Reports and Comments

Mayor Fridal said I appreciate the Council and the job they do, along with the department heads. Financially we are in good shape—we have a good City to live in.

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

The Council moved into a closed session at 7:50 p.m.

12. CLOSED SESSIONS:

The Council returned to open session at 8:22 p.m.

13. Adjournment.

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

The meeting adjourned at 8:23 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 February, 2019.

Linsey Nessen, City Recorder

Follow-up items for the Council and City Staff

A “Conflict of Interest” section needs to be added to future agendas near the top.

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