City Council Minutes 10-2-18

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
OCTOBER 2, 2018

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

CITY COUNCIL WORKSHOP

Mayor Fridal called the October 2, 2018 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, 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, and Police Chief Kurt Fertig.

1. Discussion of goals attributed to the vision statement, mission statement, values, and pillars for Tremonton City- Councilmember Rohde

Councilmember Rohde said we have discussed goals under Development and Vibrancy, but he threw together a few more for the Council to consider. Under Safety, a five-year goal would be to come up with a citywide safety index and measure some kind of reduction in that index. So our first year goal would be to come up with that index and have all the departments work together to establish the five-year goal. In the same year, we could have the departments come up with strategies to support this. We need safety in the community, as well as employee safety and this index would help. The City would look for unsafe conditions to reduce litigation through safety rounding. The Parks and Recreation Department would come up with different things to push that index to a positive result, than another department would. The Police Department will be different than Public Works, but everyone can contribute to that index. Councilmember Vance asked if we already do an annual audit. We could have someone assess where the City is on an annual basis for potential hazards. Director Fulgham said we have an audit with the insurance company every couple of years as well as OSHA audits from time to time. Councilmember Rohde said if we develop a culture of safety then we are looking for and eliminating those things. A program in place would help with these audits.

Councilmember Rohde suggested for Quality a continuous improvement program with a strategy of how we are going to lay it out and develop our own ranking system. In five years from now we want to be at a certain level and this could push us a bit each year. For Development we talked about creating a long-term plan for zoning and land use, which will take a while to develop. In the first year we could focus on certain zones and fine tune those to come up with what that is going to look like. For Vibrancy we talked about a five-year revitalization of downtown, but what is that going to look like. We have to develop a plan in order to know if we are going to hit that goal in five years. We need to come up with the end result as soon as we can. For Stewardship, a five-year goal is to have a secondary water system in place because utilities are part of our stewardship. By the end of year one we could have zones 1 through 3 completed.

Councilmember Vance said he likes it. We need to get together on the Development and Vibrancy and come up with a plan to make it happen. Councilmember Rohde said the Council could pass things on to other boards like the Planning Commission, who will start working on zoning and come back with suggestions. We need to get the whole City involved. He wondered if the five pillars could be combined with the Councilmember’s assigned responsibilities to help them get a start. The Council talked about a few of the items and where they would go. Planning Commission could focus on Development. Public relations would likely fit under Stewardship. Ambulance billing could be Safety or Stewardship. The Police Department is under Safety. Development not only falls under Development, but also Stewardship. Roads and sidewalks would be Infrastructure. The Taxing Entity would be Economic Development. Councilmember Vance said we could really put any of them anywhere. We need to consider the time and demand of each and spread them out. Councilmember Rohde said we need to make it cleaner. If we have one person over Safety then they would work on the goals and follow up with the departments on how they are doing and be a support. Councilmember Reese suggested working towards dividing them and see how it goes. Councilmember Rohde said we need to decide which Councilmember should be over each one of those pillars. He asked the Council to think about which one they would like to be responsible for. Then we would be ready to move forward with our goals and get a trainer for the staff. Mayor Fridal asked Councilmember Rohde to send the information in an email so the Council can look it over and be ready to talk about it at the next meeting. Councilmember Rohde said he would and added that the City needs someone to champion this program. He suggested Director Christensen.

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

On the September 18, 2018 minutes Councilmember Rohde said on page two, paragraph three the word Stewardship needed to be changed to Safety.

The Council asked about the Cache Achieve item with Victim Service Director Terryl Warner. Manager Warnke said she wanted to come to the Council because they have to meet with every city as part of the condition of their grant.

When talking about a conditional use permit for a proposed tattoo parlor, Manager Warnke said he put together a presentation to show the Council some standards. Within the ordinance itself, there are several different standards and all of them are open for discussion, debate and decision. There are lots of options on how you can go about this, but this presentation focused on the thought that it would be a conditional use. If it is adopted, the Planning Commission or City staff will apply these conditions and make sure applications are consistent. Not every land use or term within our Code has a definition, but tattooing does and it includes body piercing. Our current definition does allow for body piercing if you allow for a tattoo shop. Permanent makeup is excluded as a part of tattooing. He then read over the Planning Commission’s recommendation. Their thought was to have one tattoo business per 5,000 people and there would be distance requirements of 300 feet from any residential zone or 600 feet from any other tattoo shop. Manager Warnke said he researched development standards for tattoos and found information on two cities in California. They had some great development standards, which are included in the packet. As it relates to proximity and distance, one of those cities only allowed one within a 1,000 feet of another and 600 feet from a school. The other required a one-mile radius from another tattoo shop and no less than 1,000 feet from any church, school or playground, and they could be no closer than 200 feet from a residential zone. Councilmember Reese wondered if there were standards for places closer than California. Manager Warnke said he talked to Brigham City, who does allow a tattoo shop within an industrial zone only and it is listed as a conditional use. However, they do not have any development standards. He also discussed standards included in the State Code relative to tobacco specialty shops. Another straightforward standard was that most cities require the Health Department to license the business and have health standards they comply with. Some of the cities in California also had specific hours of operation, no possession or consumption of alcoholic beverage, no loitering and compliance with laws within the City. This is meant to help the Council pick and choose what is or is not appropriate.

The Council began to discuss the different proximities from schools, churches, public spaces and residents, and how that would affect where a tattoo parlor could be placed. Councilmember Rohde said Midland Square is dead center on Main Street and wipes out the whole center zone. The other problem we run up against is churches on Main Street, as well as residents. If any of those businesses exist within that zone and a church is inside of the downtown zone, then they should not be included as one of those excluding factors. Midland Square, the churches and apartments on Main Street should be exceptions. If we are not careful we might end up like Brigham City. They have a nice restaurant that cannot serve alcohol because the church went in within 200 feet of that area. If someone does not want a smoke shop or some business that they do not like, then they could drop a church right in the middle of that to exclude them completely. If we are going to open this up, we need to be aware of that. Councilmember Holmgren said that makes a lot of sense, but when you have a public area that is a little different story. I can see that with the churches and residents downtown, but Midland Square or a public area needs to be included. Councilmember Vance said a business would take precedence because they were already there. Manager Warnke said in those scenarios they become a non-conforming use, which generally means they can continue to operate at the same level, but it somewhat limits their ability to expand or increase their degree of non-conformity unless the Council did something specific to address that issue.

Councilmember Rohde said he likes the population requirement of one per 5,000 residents and the distance requirement of 300 feet from any residence. The Health Department needs to do the licensing and permits. On the hours of operation, instead of 10 a.m. we ought to allow them to open at 9 a.m. and close at 9 p.m. I like the comment on loitering and compliance. The City would suspend or revoke their license if any of these conditions are not met, which puts a lot of ownership on the business. If they are a good reputable business and doing things the way they should, then none of this should present a problem. I think they could be on Main Street with these criteria.

The Council discussed changing the name of the Land Use Authority Board to the Development Review Committee. Manager Warnke said we have talked about this previously. The Development Review Committee is a more accurate title of what the body is doing. It was a little confusing because the State Code refers to land use authority as any board that has been granted the approval authority of a land use application. This current name lends itself to thinking the role is bigger than it really is. There are only three applications that the Land Use Authority Board has been authorized to review, make a recommendation or approve. We felt this would improve everyone’s understanding of what they are doing. This would not include a Council representative it is simply changing the name to Development Review Committee.

The Council then discussed an ordinance amending zoning for the Kaneko Subdivision, which would change it from Commercial Highway to Residential. Manager Warnke said they are east of the Crossroads and have been zoned as Commercial Highway (CH). The landowner is requesting it be rezoned to Rural Residential, which is what the existing land uses around it are. In the long-term, a commercial node could be in that area of the City because of the potential for traffic, but at this point that is what they are requesting. They do not have any intention of developing their property. It is two vacant lots that were subdivided with residential in mind.

The Council discussed calendar items. The City has reserved a spot for the annual Christmas dinner on December 13, at 6 p.m. The elected official and employee open house is on Tuesday November 20, from 2 to 5 p.m. The Council has also been invited to West Liberty Food’s job fair on Friday. October 5, from 11 a.m. to 1:30 p.m.

Councilmember Reese asked about the resolution dealing with bidding the trail in the river bottoms. He said I do not want to do anymore on the river bottoms than the straight path. If that grant includes going up along the side, then I do not want to do it right now. I do not care what money we get, I want to see if people are going to use that trail before we spend more. I know the grant takes care of a lot of it, but what does this resolution do? Manager Warnke said that was just the agreement we entered into and you as a Council can do whatever you like. He walked the Council through it. The grant from the State Parks is $91,000 and it is matching dollar for dollar. There could be some in-kind, but we did not envision that with this estimate. Engineer Breinholt put together an estimate and broke it into three schedules. He showed where each schedule would be constructed and talked about their pricing. Schedules A and B would be $85,000, while Schedule C would cost about $20,000 for a total of $189,000. With the City’s matching portion, the grant would cover $182,000. This is the engineer’s estimate, not necessarily what the bids will be. If you wanted to do a straight line trail along the river it would be good to complete phases A and C. They further discussed each phase. Councilmember Reese said he prefers we do the first phase and see what usage we get before we spend more money to finish B or C. Manager Warnke said if the Council is considering doing a linear trail, I would suggest doing A and C to go longer and add some variety. Councilmember Reese said I do not have a problem with that, but I do in looping around and spending another $85,000 to make another trail before we know what is going to happen with it. I do not see any reason to do more than A and C until we see if it is worthwhile.

3. CLOSED SESSIONS: No closed session was 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 system

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

CITY COUNCIL MEETING

Mayor Fridal called the October 2, 2018 City Council Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, 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, and Police Chief Kurt Fertig.

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 Doutre and the Pledge of Allegiance was led by Councilmember Vance.

2. Introduction of guests:

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

3. Approval of Agenda:

Motion by Councilmember Holmgren to approve the agenda of October 2, 2018. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

4. Approval of minutes – September 18, 2018

Councilmember Rohde made a change during the work session.

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

5. Proclamation:

a. Declaring October 2018 as Domestic Violence Awareness Month – Penny Evans, New Hope Crisis Center

Penny Evans thanked the Council for letting her come then talked about the agency and their services. We have 17 staff members, who cover all of Box Elder County for domestic violence and sexual assault services. Four of those 17 members are bilingual. Our advocates are on call 24/7 out of 365 days a year. In the past year we have helped 772 adults and 294 children. We also have two educators, who present to schools to create prevention. Our staff members answer over 3,000 crisis calls every year. In the Tremonton and surrounding areas we helped 24 people just last quarter in domestic violence, sexual assault, child abuse and stalking cases. Our justice court and victim advocates help people navigate that process. She then read the proclamation and asked Mayor Fridal to sign it. She thanked the Council for all their support and the great relationship they have with law enforcement.

Motion by Councilmember Doutre to declare October as Domestic Violence Awareness Month. Motion seconded by Councilmembers Reese and Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

6. Presentation

a. Cache Achieve, Terryl Warner- Victim Services Director

Terryl Warner, from the Cache County Attorney’s Office, said she has been working on the Cache Achieve program for two years. Often defendants come to court and the judge orders them to get a job, but if they do not have the skills or a trade, their chances of getting a job that provides a living wage is rare. With some of our domestic violence cases, the victims do not want to leave, they just want the violence to stop and to keep their families together. One way we could do that is to help the defendants going through the criminal justice system by gaining a skill or trade. Out of that came Cache Achieve. I do represent Northern Utah on the State Board of Education and have realized the importance of education. We take low-level offenders, those charged with a B misdemeanor, domestic violence, drug cases or anything along those lines, and provide an opportunity. If someone is unemployed or under employed, but truly wants to change, we offer them this program. It allows them to go to Bridgerland to learn a skill or trade in lieu of jail time. This is a partnership with the First District Court, Rich County, Cache County and Box Elder County. They also have to meet with a counselor for their problem and this program does not fund their tuition. If they have a child in their home, they have to go to school 90% of the time. They are also required to pay their fine and public defender fee. She talked about a study they did with 13 people and some of those success stories with people who were struggling until they were able to go through this program and turn their lives around. She said this program also saves taxpayers money. She will continue to provide yearly reports on the program.

7. Public comments: This is an opportunity to address the City Council regarding your concerns or ideas. Please limit your comments to three minutes.

Krisha Blankenship said not only do we have to abide by the State Law and the Health Department’s requirements, we also have our own business policies that hold us to a high standard. We are happy with the conditions you have proposed. Tony Blankenship said we know you had a problem before and say that is not a reflection on us, but it is because we are put in the same category. I have done this a long time and the previous person had no training. I have learned the ins and outs and am still learning. It is unfair we are being looked at in the same category as them because we are way different. I have been doing this way too long and have never had any issues with the law. We love working with law enforcement. Ms. Blankenship said you would not know we are a tattoo business because our outward appearance is not that of a typical shop. Our sign work will be nostalgic and go with the downtown—that is why we want to be there. It will go with the downtown aesthetic. Mr. Blankenship added that he has clients from out of country who want to get a tattoo from him and will make a special trip once they open. He even has people from Brigham City, Logan and Ogden wondering when they will be open. We can bring and keep money in town. Ms. Blankenship said there is tons of support for us opening. We went and asked businesses and they think it is great to have more businesses. Our tree is planted it just needs to grow.

Justin Wilson said I am a citizen who is here to support these guys with their tattoo parlor. I have tattoos myself and have been in touch with these guys because I want more art done on me. We need more businesses in Tremonton and many people gets tattoos and see it as art.

Megan Crosley, a citizen and the store manager of Family Dollar, said I have customers coming from Malad who spend money at my store and have said if there was a tattoo place opened in town they would bring even more business and money to Tremonton.

Citizen Jordan Clark said I think the tattoo parlor is a great idea. It would be great to have a professional in Tremonton rather than driving 40 to 60 miles.

Resident Dustin Nicholas said we are here to support these guys. I am looking forward to getting some ink done from them.

Rich Greene, a citizen of Brigham City, said I drive to Magna for my tattoos and think it would be good to have one closer. I have looked at their work and they seem to provide a healthy and inviting environment, and they have great reviews.

Jen McNally, who moved here nine years ago from Las Vegas and works at the Grille, said I am excited about this and during my time here have witnessed a lot of growth. I support these guys and think it would be exciting to have a tattoo shop here. I support any growth and progress.

The Council thanked those for their comments.

8. New Council Business:

a. Discussion and consideration of approving August Financial Statements

Motion by Councilmember Reese to approve the August Financial Statements. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving August Warrant Register

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

c. Discussion and consideration of adopting Ordinance No. 18-14 amending the Tremonton City Land Use Code, Title I Zoning Ordinance Chapter 1.08 Commercial and Industrial Zone Districts to allow Tattoo Business as a conditional use within the Commerical District (CD) and the Commerical Highway (CH) District creating section 1.19.070 Tattoo Business Regulations in Chapter 1.19 Supplementary Regulations

Councilmember Rohde said I have been thinking a lot about this and have talked to a lot of people who have mostly been positive. We as a City Council represent the majority and minority. About 40% of millennials are tattooed and about 30% of all Americans. It is a growing industry. I would like to put forward a motion that we adopt the ordinance with the following conditional uses. First, Tremonton City shall permit one tattoo body art shop per 5,000 residents. Second, they should exist within 600 feet away from each other. Third, the tattoo art business shall obtain and comply with all requirements of the Bear River Health Department through licenses and permits. For the hours of operation I suggest they go from 9 a.m. to 9 p.m. Consumption or possession of alcoholic beverages on the premises shall be prohibited and “no loitering” signs shall be placed so people can see them and the business owners need to take responsibility for that. The tattoo body art business shall comply with all federal state and local regulations. These standards and reasonable conditions imposed as allowed within the Tremonton Land Use Code. One of the problems we made last time with the other business is that we did not have strong language on what would happen if they broke the law. This condition allows the Police Department and/or City staff to go in and revoke that license upon any law that is broken. This really gives the City staff some power to administer the license, as well as hold them accountable for what they are doing. If they live with what they are saying, none of these conditions should be a problem.

Manager Warnke said he would have to look into the Code because it is generic and says Tremonton City may revoke. I am not sure the procedure for revoking and if it needs to come through a judicial proceeding with a hearing officer. I am not sure it is only staff level—it might need to include the Council if we go through the process of revoking. You are approving the conditions so there might need to be some explanatory text and cross-references if we codify it. Councilmember Vance said I will not be a popular person, but I vote nay. We have policy on the books and I think they ought to stay the way they are.

Motion by Councilmember Rohde to approve the ordinance with the stated conditions. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – nay. Motion approved.

d. Discussion and consideration of approving Ordinance No. 18-15 amending the use and term “Land Use Authority Board (LUAB)” within the Tremonton City Land Use Code to “Development Review Committee (DRC)”

Motion by Councilmember Holmgren to approve the name change. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of approving Ordinance No. 18-16 amending the Tremonton City Zoning for the Kaneko Minor Subdivision from Commercial Highway (CH) to Residential R1-20

Motion by Councilmember Doutre to approve the ordinance and amend the zoning. Motion seconded by Councilmember Vance. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

9. Calendar Items and Previous Assignment

a. Review of calendar

This was discussed during work session.

b. Review of past assignment

10. Reports & Comments:

a. City Manager Reports and Comments

1. Bidding the construction of the trail at the Holmgren Nature Preserve and Trail consistent with Resolution No. 17-47 which approved and accepted a grant from the Utah Division of Parks and Recreation

Manager Warnke said in order to realize the benefit of the grant we need to move forward. The deadline for the grant for developing a trail in the river bottoms is September of next year. We are hoping to bid it out and award the bid during the winter and allow the contractor to construct it with their deadline occurring before our grant deadline. We have started some of the improvements. There is a bathroom and parking area up top, along with a trail that leads down the hillside with a boardwalk across the wetlands. This bid would construct the trail down in the river bottoms with the exact amount of trail yet to be determined based on bids and Council decision. With your authorization, I will move forward with advertising the bids and then come back to the Council to figure out how much of the project you want to undertake.

b. Land Use Report and Comments

Manager Warnke said I have had ongoing conversations with developer Craig Adams about finalizing the acquisition of some right-of-ways for roads relative to the Crossroads annexation. Councilmember Rohde said a landowner on the road would like someone to give him an idea on where that would be so he can move his sprinklers. Manager Warnke said he would reach out to him.

c. City Department Head Reports and Comments—no reports or comments

d. Council Reports and Comments

Councilmember Doutre said a family made a comment about how beautiful our cemetery looks and how much they appreciate that.

Councilmember Rohde said I would like to thank the audience for showing up—we appreciate your input. The more we get people involved, the easier it is for us to make decisions instead of guessing how people feel. This helps us represent you.

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

The Council moved into a closed session at 7:49 p.m.

11. CLOSED SESSIONS:

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

The Council returned to open session at 8:12 p.m.

12. Adjournment.

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

The meeting adjourned at 8:12 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 16th day of October, 2018.

Linsey Nessen, City Recorder

Follow-up items for the Council and City Staff

Councilmember Rohde will send the pillar information in an email to the Council for their review. They have been asked to ponder and come back to the next meeting ready to talk.

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