City Council Minutes 1-4-22

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
JANUARY 4, 2022

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

CITY COUNCIL WORKSHOP

Mayor Holmgren called the January 4, 2022 City Council Workshop to order at 6:15 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, Seamons, and Vance, City Manager Warnke, Assistant City Manager Christensen, and City Recorder Nessen. The following Department Heads were also present: Fire Chief Robert LaCroix, Public Works Director Paul Fulgham, Police Chief Nick Nessen (arrived at 6:45 p.m.), Parks and Recreation Director Zach LeFevre, and Treasurer Sharri Oyler. Also in attendance was Sergeant Chad Hayman (left at 6:45 p.m.).

1. Review of City Council Assignments

The Council reviewed their current assignments. Manager Warnke said as an elected official you have responsibilities that no one else can assume. Your best efforts and time are spent doing some of those statutory responsibilities, which include policy making, creating legislation, and advocating on behalf of the City for other elected officials in their legislation. One of the assignments was not very clear so Assistant City Manager Christensen reached out to the Utah League of Cities and Towns about the Legislative Policy Committee, which is an advocacy and lobbying group. They meet on a weekly basis during the legislative session and monthly afterward. We can have up to three representatives from the City participate. We anticipate there will be a lot of legislation that may affect you and your ability to fulfill your responsibilities. They grant you authority to act in your office and encourage us to engage with the State legislature and have a dialogue so they know what is important to our City. The responsibilities where we have department heads are more operational. Some of those include roads and parks where our department heads fulfill those roles. I feel having them come to the Council collectively is a better approach than working individually with any one councilmember. I would focus on what is unique and what you can fulfill as a policy maker as someone who legislates and then prioritize your time. This is a time commitment especially with the Council meetings and reviewing the packets of information we provide. It is a lot so do not stretch yourself too thin by having responsibilities beyond that.

Councilmember Rohde said over the next several months I would like us to work on the vision and mission statement, and put a committee together with members from the community. Their input can help us tweak it and put together a communication plan. We need to come up with some pillars such as safety. That could be one of six that are most important to the City. Each councilmember could champion one pillar and give us some accountability. This will give us some direction on how we can be more proactive in our role as councilmembers. We need to discuss the pillars and work through them and then start figuring out who wants to champion which pillar.

Assistant City Manager Christensen said we discussed going through a branding process, which would help us understand who we are and what our vision and mission is. I reached out to Clear Point Strategies, who does a lot of tracking software. We have to come up with the plan, but they break it down and put out a dashboard for the community so they can see how the City is implementing their plans. This will show how we have gone through the work to create it while department heads and City employees will track what they are doing to fulfill those plans. Councilmember Rohde said we want to make that information available to the public. That way they know where we are headed and what we are doing. That would go well with the communication plan and the other plans we are putting in place. Would we need to rebrand? Assistant City Manager Christensen said not necessarily. They could help us formulate a base structure and put our existing plans into it. Mayor Holmgren said we went through branding a few years ago. I am not sure we would need to hire someone to help us rebrand, but we could revisit that. Manager Warnke said we got some bids for that process. There was a selection committee and a recommendation made, but at the time the City Council decided not to proceed with the actual branding process. We did revisit our logo. We might have done a presentation on the short-listed consultants, but as far as going through the process we have not done that. Councilmember Rohde said rebranding, especially with everything going on with growth and the community starting to get involved, maybe we need to think about that. We have some increased revenue from sales tax maybe now is the time to do it. The cost was about $65,000. Manager Warnke said the branding process would be an investment so I think it is money well spent, especially as we start building infrastructure and trying to put out a name and image for ourselves. When we did the SDAT that was one of the first things they talked about doing was going through a branding process so you know what direction you are going.

Councilmember Rohde said it would be nice to get moving on it. I know how slow City government can be. Four years from now I would like to feel like I have accomplished something. If we are going to move let us move. I am not sure how the rest of the Council feels about spending that kind of money on rebranding. Councilmember Archibald said I feel good about it. I thought there was already a model that you started on though. Councilmember Rohde said we went through the process on a mission and vision, but kind of just stopped. I think we can move forward. We still do not have that brand of where we are headed, that top level plan of where we want to be. We tried to do it internally. Councilmember Archibald said I think involving the community would be a really good idea. Councilmember Vance said that is a lot of money. There is always a fire we are putting out and this gets put on the back burner. We all know this is important to have structure and framework. I would like to see us hit it again by ourselves without spending that kind of money and have a deadline. If the deadline is not met then we could start considering outside help. Mayor Holmgren said USU has graduate students who do this sort of thing. Sometimes you can access that skill for a fraction of what it would cost to hire a professional. They might even have more current ideas. I could look into that. Grad students are anxious for an opportunity like this. Councilmember Vance said we could set deadlines and if we are not meeting them then we could take further action at that point. Councilmember Rohde said I do not know that we have the expertise to pull this together. Manager Warnke said part of that is research-based branding, which is reaching out to the public, doing surveys, and evaluating and creating a database of research that would support the brand. We would then come up with the whole visual aspects of it. It also had narratives of what you were trying to accomplish. It was pretty comprehensive. We can pull up the two proposals that rose to the top to see the scope of work and what the deliverables were to get a sense of what is contemplated with that price tag. We could then see if that is what you want. What we are proposing is beyond what City staff could reasonably do. Councilmember Rohde said I agree, we need to put our energy into what is important to our legislative responsibilities.

The Council agreed to have three members and one alternate serve on the Legislative Policy Committee. Two members have to be from the legislative Council while the third member and alternate can be a City staff member. Mayor Holmgren said I would be willing to do it. That is an area I could see being beneficial for Tremonton to have some say. Councilmember Archibald said I will retire in less than a month and may have some time to do that. I would not mind assuming that. These names would be solidified with a resolution in a future meeting.

Councilmember Rohde said let us start pushing on it and by the next meeting have those proposals. We could see what they offered and then determine if we can accomplish some of this on our own or if we need to go outside for help. Manager Warnke said we would also shorten the scope. For example, we could work on the research this year. Councilmember Rohde said that gives us a lot to do, but let us push this and get it done. Mayor Holmgren said we have turned the page a bit so this is a fresh opportunity to go after some of these things. Councilmember Rohde said if an email is sent, please respond rather than waiting every two weeks to discuss this so we can be proactive.

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

Mayor Holmgren said during the Public Comment period we as councilmembers have not responded. Over the last couple months with all the comments and public interest, we have decided that instead of just listening to the comments we may be able to answer those on the spot. Some things might take time to go through and think about, but we will respond to that person within two to three days via email. If someone knows how to answer the question they can and then we will have some discussion to try to keep it timely. If their question is technical in nature and we do not have the answer we will assign someone to get back to them. Recorder Nessen said I have added a spot for email address and phone number to the role so we can contact them.

When discussing the resolution about the Moderate Income Housing Plan, Manager Warnke said we have always been required to report to the State every two years. They recently changed that to every year. They are trying to find new tools to help us generate that report. Generally, it consists of using their database and plugging in numbers that are provided by the State. This report is forwarded to The Division of Workforce Services and BRAG. We have been reviewing our Moderate Income Housing Plan, which was recently adopted. State code requires us to have that in our General Plan. We have to identify strategies to remove barriers for affordable housing. A big part of that is rezoning property to higher densities when appropriate. The State legislature wants to make us aware of where the City is at, what we have done, and ways to make everyone accountable. That is why it comes to you to approve the report.

The Council then discussed the Aspen Ridge townhome development. Manager Warnke said our development code requires that we enter into a development agreement with subdividers. I would draw your attention to the special conditions sections that will tell you things that are unique and specific to each development. We formalize all the requirements and identify the dedication of water shares for secondary water, as well as fee in lieu for curb, gutter, and sidewalk. All those types of special conditions are formalized in that section. There is also an engineers’ estimate that is specific to the improvements required for the project. Aspen Ridge is a townhome project off Rocket Road (1200 South). We are a little behind, but the development code says we can go ahead and record projects and then have the Council ratify the development agreement unless there is something unusual. This allows the development to continue on and formalizes the agreement so there is a record. Subdivision approvals are administrative because there is very little discretion. It is City staff and the Planning Commission applying our codes and ordinances. We then bring everything to you to ratify.

The Council then discussed the layout and orientation of development in Archibald Estates.

3. CLOSED SESSIONS: No closed session held at this time.

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

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

CITY COUNCIL MEETING

Former Mayor Roger Fridal called the January 4, 2022 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 current Mayor Holmgren, Councilmembers Archibald, Estep, Rohde, Seamons, and Vance, City Manager Warnke, Assistant City Manager Christensen, and City Recorder Nessen. The following Department Heads were also present: Fire Chief Robert LaCroix, Public Works Director Paul Fulgham, Police Chief Nick Nessen, Parks and Recreation Director Zach LeFevre, and Treasurer Sharri Oyler (left at 7:12 p.m.).

1. Opening Ceremony:

Mayor Fridal informed the audience that he had received no written or oral request to participate in the Opening Ceremony. He asked anyone who may be offended by listening to a prayer to step out into the lobby for this portion of the meeting. The prayer was offered by Councilmember Vance and the Pledge of Allegiance was led by Troop 126.

2. Swearing in of the Newly Elected Officials:

Recorder Nessen led Councilmember Estep and Mayor Holmgren through this process. The Council then thanked former Mayor Fridal for his service. Mayor Holmgren said I want to thank Roger for the 12 years he served as the mayor of our community. I have watched him through the years and his dedication to the small things that needed to be done. He has always been very faithful and devoted to our community. Thank you.

3. Introduction of guests:

Mayor Holmgren welcomed those in attendance including a group of scouts and City firefighters.

4. Declaration of Conflict of Interest: None.

5. Approval of Agenda:

Motion by Councilmember Vance to approve the agenda of January 4, 2022. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

6. Approval of minutes – December 7, 2021

Motion by Councilmember Archibald to approve the minutes of December 7, 2021. Motion seconded by Councilmember Estep. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

7. Public comments: Comments limited to three minutes.

Resident Jeff Hoedt said after listening to your workshop about the planning processes I thought you might want to consider some of the federal agencies. The Forest Service uses a limits of acceptable change process. One of the benefits of getting people who have been through that process is they have been through the whole thing. When you hire a consultant or a contractor, often times, they know processes, but they are not with you to see it through completion and do the after the fact measurements. Those agency people have been through the entire process and might be able to offer you some benefits. I would suggest you contact the Department of Agriculture.

Roger Fridal said this was an opportunity to say what I think. I have not been able to do that for 12 years so I am going to tell you exactly what I think. This group of people here who govern Tremonton City are the finest people I have known. They are dedicated, hardworking, and do what is best for Tremonton City. That is what you are here for and you sacrifice a huge amount of time and energy, study and prayer to make Tremonton a better place. I just wanted to tell you how much I appreciate working with you and the job you have done for Tremonton City and will continue to do. Thank you. The Council and City staff all thanked him.

8. New Council Business:

a. Discussion and consideration of approving the October Financial Statements

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

b. Discussion and consideration of approving the October Warrant Register

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

c. Discussion and consideration of approving the November Financial Statements

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

d. Discussion and consideration of approving the November Warrant Register

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

e. Discussion and consideration of approving Resolution No. 22-01 approving the annual review of Tremonton City’s moderation-income housing plan, implementation, and preparing a report setting for the findings of the said review in compliance with Utah Code 10-9a-408

Manager Warnke went through a Power Point presentation. He said this is a significant issue especially with what is going on with the housing market and the increase in pricing. The State has a requirement in their code to remove barriers to make affordable housing. It is the state legislature’s purpose and determination that affordable housing is available to all and that housing meets affordability and is available in all communities. We are required to report to the State annually on our efforts to comply with their directives. Affordable housing is looking at 80% of the area median income. For Box Elder County that is $74,000 for a family of four. They also talk about affordable housing below 80%, 50%, and 30%. There is a certain portion of someone’s income that housing should not exceed. One of our partners, who helps us achieve affordable housing, identified that 38% of someone’s annual income should go to housing. Based on the data we input this is what they estimate to be the available housing units at these different income levels. You can see we are positive at 80%. We are in deficit at 50% and 30%. Frankly 30% is really low income and it is really hard to provide that type of housing at that income level. Historically, we have shown deficits at that. We do have some subsidized housing from the State and Federal level, but we are still at a deficit. Legislation has a determination to provide and facilitate a reasonable opportunity for housing of moderate income. It is not to marginalize people at different incomes, but they want the City and their housing to be inclusive to meet the needs of people at various income levels. They want people to benefit and fully participate in all aspects of neighborhood and community life. We are required to pick strategies to accomplish this and report back. If we do not then they will withhold revenues. These are the strategies Tremonton has selected through our Moderate-Income Housing Plan. The State makes sure we remove as many barriers as we can. One of the things we have done is rezone property. We also do the rehabilitation and improvement of single-family homes through the Redevelopment Agency. We have used those funds in a judicious way and leveraged them with grants and the neighborhood improvement program. We also partnered with Habitat for Humanity and the RDA has paid some of the impact fees on behalf of that and the housing they have done in Tremonton. This report includes the data we have gone over and shows our strategies. Every year we will add what we have accomplished so there will be a running list for historical record. We will formalize the resolution and then forward that to the Department of Workforce Services and the Housing Authority.

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

f. Discussion and consideration of adopting Resolution No. 22-02 reaffirming Shawn Warnke as a member of the Utah Telecommunication Open Infrastructure Agency (UTOPIA) Board of Directors and appointing Marc Christensen as an alternate member of the UTOPIA Board of Directors

Councilmember Vance asked how often you meet. Manager Warnke said we meet quarterly. There was a time when we were meeting monthly and even every other week. UTOPIA is in a good spot. I will try to get them to give a report to see the progress that has been made. It is really encouraging. All the 11 original cities will be built out by spring and we have other cities who are participating. The future is pretty bright for that endeavor. They have paid us back for operation maintenance. We still have sales tax pledges that we are paying for the debt and the revenues that are being generated by the network are to the point where they are starting to contemplate helping provide some sales tax relief. Councilmember Vance said it was pretty sketchy to begin with, but it has turned into a real asset to our community. Especially with COVID and people working from home. It has been a great thing for our community and I am glad we have it here.

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

g. Discussion and consideration of adopting Resolution No. 22-03 ratifying the Aspen Ridges Townhome Development and Aspen Ridge, Phase 2 Subdivision Development Agreement

Councilmember Rohde asked why we need to have a legislative approval on these ratifications. They are following code so why do they even need to be presented to us. Manager Warnke said it is a resolution so it is more administrative than legislative, but we try to document it. I put a lot of things in resolution form for archives. If you preferred not, we could follow them another way. I think it is helpful for you as a City Council to see what has been agreed upon and formalized. I like the resolution format. It is easy for City staff to go back and find as needed. Councilmember Rohde said this subdivision has already been built so it seems like we are putting the stamp on something that has already been done. It is not going to do us any good to debate or discuss. Manager Warnke said through ordinance the mayor has already authorized that once the City engineer and attorney have signed the agreement then it can be recorded. Another way is to have a consent agenda where you can approve those agenda items. Mayor Holmgren said it is good to see what is happening. Even if it is just a ratification. I appreciate it. Manager Warnke said I could just put it on the City Manager Report and report to you, but it would not be in resolution form, which again has value. The resolutions are fairly straightforward and easy to put together. They do not take a lot of time. We want the Council to feel comfortable with how we do things. Councilmember Vance said I like the detail. We see everything that comes across as a resolution. If we forgo it then I would like to see as much detail as possible so we know what is going on. Manager Warnke said there is usually not that much of a lag so it does feel a little unusual and uncomfortable for that reason. Usually, they are spaced closer together. Councilmember Rohde said with this particular resolution and development we can rest assured that everything was followed to code with the DRC and nothing was added or changed? We need to trust that it is following the code to the T and nothing else is being done. Manager Warnke said there are some slight variations that occur from time to time because of unusual circumstances. We amend the code for anything extraordinary. There are some deviations that are specific to projects, but they are ones we feel need to be formalized through the Planning Commission and City Council. Councilmember Rohde clarified that resolutions are administrative and are there to give the Council information for an approval. Manager Warnke said an ordinance is legislating and can be enforced through a fine or penalty, while resolutions are a contractual agreement between the City and developer to build out and develop the subdivision according to City ordinances. There is no penalty or fines. We would enforce it is through the court system that is why we do development agreements. There is much more discretion when you make a legislative decision. This is more administrative and formalizing the approval.

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

h. Discussion and consideration of adopting Resolution No. 22-04 ratifying the Archibald Estates Plat “L” Subdivision Development Agreement

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

i. Discussion and consideration to surplus a 2001 International 10-Wheeled Dump Truck (Fleet #337), 191447 miles (VIN # 1HTGGAE01H345358)

Director Fulgham said this is a truck we purchased used in 2003 from Salt Lake County and my guys refuse to drive it because the frame is cracked. They are afraid it will fall apart. The Public Works use our vehicles until they are wore out so it is only good for scrap or parts. We would be lucky to get scrap price for that vehicle. I recommend we surplus it out of our fleet.

Motion by Councilmember Estep to surplus this truck. Motion seconded by Councilmember Vance. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

9. Calendar Items and Previous Assignment

a. Review of calendar

Manager Warnke said there are some training opportunities coming up. One will be in-house, which I would encourage you to attend. The Utah League of Cities and Towns is putting forth an elected officials training on January 8 in North Salt Lake. The other one is a Land Use training that will be at the next Planning Commission meeting by Jordan Cullimore, an attorney from the Office of the Property Rights Ombudsman. Resident Kristie Bowcutt suggested this as a source of training. We have used that office frequently. The State legislature put this together to help local government and property owners resolve and work through any land use issues that might occur. They are a great resource. They provide training and I call them as needed to make sure I understand issues and have guidance and direction. That will be January 11, at 5:30 p.m.

b. Review of past assignment: None.

10. Reports & Comments:

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

Manager Warnke said on January 12, I will be speaking to UDOT about traffic concerns at the Crossroads. We will see what options are there. Assistant City Manager Christensen and I are looking into the Congestion Mitigation Air Quality Fund. There is about $700,000 that might be available to help fund the reduction of congestion. If you can reduce traffic congestion you can improve air quality. There are Federal Funds available because our air qualifies based on the number of particulates in our air. This is money that has been built up over time. Last time we used it was for the Iowa String right hand turn lane and improving that intersection. We are looking at every option to see what is available and how we can address those concerns. This might come to fruition and I will keep you posted.

c. City Department Head Reports and Comments: None.
d. Council Reports and Comments

Councilmember Seamons said thanks to the people who clear our snow.

Councilmember Estep said we have great leaders and department heads. This is a real opportunity and I am here to learn. I feel like I have things to contribute. The Council all welcomed him.

Mayor Holmgren said we are going to make an effort to do a better job at communicating with the public. We could start a newsletter that would be delivered via email. Assistant City Manager Christensen is working on that. One thing we learned through the public comments and the information we received from the public over the last couple months is that we can do a better job of communicating what is really going on and being open. We are excited about that. I also wanted to thank Roger Fridal for all his years of devotion and service he has given to our community.

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

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

11. CLOSED SESSIONS:

Motion by Councilmember Rohde 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 – aye. Motion approved.

The Council returned to open session at 8:15 p.m.

12. Adjournment.

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

The meeting adjourned at 8:15 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 18th day of January, 2022.

Linsey Nessen, City Recorder

Follow-up items for the Council and City Staff

Assistant City Manager Marc Christensen will notify the Legislative Policy Committee that Mayor Holmgren and Councilmember Archibald will be attending those meetings as representative of Tremonton.

The Council will respond to emails about the City’s vision and mission statement and continue that effort in future meetings.

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