City Council Minutes 11-19-19

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
NOVEMBER 19, 2019

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 November 19, 2019 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 (left at 6:47 p.m.), City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham and Police Chief Kurt Fertig.

The following items were discussed out of order.

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

In regards to green waste at the Tremonton City Compost Facility, Manager Warnke said we are in that business merely to compost our bio solids. We have determined the best way to get rid of those dead organisms associated with the wastewater treatment plant is to compost them. The problem we have is that we get much more green waste than we need. In January 2018 we closed it, but were asked by the public to reopen. We then accumulated green waste that was 20 feet high, 20 feet wide and 50 yards long and we already had a surplus of wood product to use.

We need to change our operations and management plan with this policy. The operating hours will be Wednesday through Friday from 11 a.m. to 5 p.m. and on the first, third and fifth Saturday of the month, which coincides with the landfill. Director Fulgham stated that way if someone shows up with a load that we cannot take, they have a half hour to get to the landfill to dispose of it.

We propose to take only our residents’ green waste. We think 80% of what we deal with has nothing to do with Tremonton City. We see a lot of product that comes from industry and we have a lot of metal debris. For the first few years we did the compost work at the old City shop yards. We then had permission from the County to use a spot next to the landfill. In 2003, we needed to expand, but the County needed that area. The City was looking to acquire property by the landfill and ended up buying 20 acres for composting and for wood product. We still take green waste at our site and then haul it there to mix it with the wood chips and bio solids to produce the compost.

Councilmember Holmgren asked how Director Fulgham anticipates restricting this to Tremonton and perhaps Garland residents. Director Fulgham said there are a couple ways, but one would include using their utility bill to prove residency. Councilmember Doutre asked about people dumping in front of the gate. Director Fulgham suggested adding cameras to help monitor and get license plates of those who dump illegally. Councilmember Reese said in this policy we say Garland City is a part of Tremonton’s wastewater treatment facility, but I do not feel that is correct. They have never signed any contracts with us. Councilmember Vance said unless they do sign a contract and start agreeing to it. The Council agreed they would want that stated. Director Fulgham said they are also proposing not to take any commercial dumping. Not only are the quantities large, but also some of that wood puts off more toxic fumes than regular wood smoke. Manager Warnke said there is a cost of about $10,000 associated with a seasonal part-time employee. Director Fulgham said we spend about $60,000 to grind all that wood. If I can do this, we will push back having to grind every four to five years. Part of the grinding cost is mobilization to get equipment here. Manager Warnke said this does give the Public Works Director discretion on how to operate, whether that be closure or deciding what type of green waste to accept. The suggested open period would be May to November with flexibility to extend it based on weather.

When discussing the vacation of the 100 South road, Director Fulgham said Manager Warnke has attached that to both properties with cross easements. There is also a utility easement for our water lines and others. I will work with them on a private drive sign on the road so people know.

The Council then talked about the 1000 North Corridor Preservation Overlay Zone. Manager Warnke said we started some engineering associated with the next phase of expanding 1000 North. A section of the terrain and topography needs to be considered when expanding the right-of-way. On the west end of this zone there is a 93-foot setback. Any property that has frontage 90 feet back from the centerline of the road on the north and south of 1000 North would be in the zone. This shows estimated grades associated with different segments of 1000 North. The practical application of this ordinance pushes everyone back 60 feet unless there is a written waiver by the City Engineer based upon his known understanding of what space is really needed to accommodate the fill-slope and not impact the driveway. We do not want to encroach on someone’s home and we can do that by pushing them back to an appropriate space so when we expand it is not going to impact their property. They would sign over to the City the fill-slope easement with any issuances of a development permit. The easement has been drafted by the City Attorney and would allow the City to construct the road and maintain those fill-slopes onto their property. Councilmember Holmgren asked if there are any existing structures that will be impacted. Director Fulgham said yes, but we will work around them. It will affect their existing driveway, but we will build it so it is not too steep. The new homes will be setback far enough it will not impact them. Once it is deeded to us, it is still their property it just gives us a right to construct the slope.

2. Report and discussion on Tremonton City Public Works Projects including, but not limited to, water meters, water shares, wastewater treatment plant upgrades, construction update on secondary water, and related items – Paul Fulgham, Public Works Director

Director Fulgham showed pictures relative to the treatment plant upgrades. The antitoxin basin for the nutrient reduction is about three-quarters built. It is 17 feet deep and will pull wastewater from our existing treatment basin for further treatment. It will then feed back into our basin and out to be clarified. It should be completed by March of 2020. When asked if this would help with the smell, Director Fulgham said the smell comes from the digesters. The next project is for solids handling and will reduce the amount of solids we store in the digesters.

Councilmember Vance asked what happens if Garland does not leave us. Director Fulgham said we can handle them, but updates would happen sooner—five years instead of 10 to 15 years. The way this is built, we could add another treatment component right beside it. Garland will buy us flow capacity when they leave. When asked about funding, Director Fulgham said the nutrient project we are funding internally through our increased fees. The solids handling and the screen is being paid for by impact fees. We have not received any impact fees from Garland for four years. Councilmember Holmgren asked if we have talked to Garland about that. While we are accepting their stuff, we should be looking at impact fees. The Council agreed. Manager Warnke said we have invited Mayor Miller, but will extend a more formal invitation to have a conversation. Director Fulgham said we took them out of the calculation and the fees were based on them leaving. If they stay, they have to buy back into our system somehow. Chief Fertig attends their council meetings and said they are moving forward with their own plant. They have new bids and know their costs. It will be more expensive than if they were able to work it through with the first contractors, but they are moving forward.

Director Fulgham said we have started installing our fixed based metering. This month we will get the first tower up and once the antenna is on, they will be able to place the other repeater towers. The main tower will be on our big tank. Everything will repeat there and is cloud based. We are still installing secondary meters and are almost 100% on the hillside. We have had to cut concrete and redo some because of how they have been plumbed. We took some older radios and traded them in for credit toward new fixed base meters. That will help offset some of the cost. Councilmember Vance suggested sticking a note on residents’ doors to let them know when it is done. Director Fulgham said they will make some kind of contact, but it might be easier sent through the office.

Director Fulgham gave an update on water shares. We need over 500 shares and right now we are up to 436. We have a few more available, but are budgeting money to acquire excess. We are in good shape compared to last year. If we can buy at today’s prices and have them for the future, we will be ahead of the game. Manager Warnke said we are working on a budget amendment, but need to talk with Finance Director Curtis Roberts. We have spent excess to what was appropriated in trying to accumulate the shares. We need to amend the budget to correct that issue and figure out if we have enough money to continue buying.

Director Fulgham said secondary is almost 100% complete for service area 3. The road is patched and pressure tests have been done. They will start construction on the pump station in December and should be ready to pump water in May. The animal shelter is coming along. We do have the base coat of the stucco on the outside, but still have to sheetrock and paint. The goal is to have it ready at the first of the year. There is also an update on the trail signs. We have a main sign up. In the bottom, we are a going to pour the bases for the benches this week, as well as for the lower trail signs that will mark different areas. On 600 West, there is some concrete work that will take place this fall. We are hoping to get the sidewalk along Main Street completed and out of the UDOT right-of-way.

Motion by Councilmember Holmgren to move into closed session. Motion seconded by Councilmember 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 6:48 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 systems

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 6:58 p.m.

The meeting adjourned at 6:58 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the November 19, 2019 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 Fridal, Councilmembers Doutre, Holmgren, Reese, and Rohde, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham and Police Chief Kurt Fertig. Councilmember Vance was excused.

1. Opening Ceremony:

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

2. Introduction of guests:

Mayor Fridal welcomed those in attendance.

3. Declaration of Conflict of Interest: Councilmember Reese declared a conflict of interest on items 10. f and g.

4. Approval of Agenda:

Motion by Councilmember Doutre to approve the agenda of November 19, 2019. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

5. Approval of minutes – November 5, 2019

Motion by Councilmember Holmgren to approve the minutes of November 5, 2019. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

6. Public comments: Comments limited to three minutes.

New resident Jon Baltazar said when coming from Corinne on Iowa String there is no turn lane into 275 South. There is a City light, but it is small and makes it hard to see when turning into that housing division. It is dangerous and I would like to see a light and turn lane there.

Resident David John brought up the burn at the green waste facility. I would like to know who decided to light that on fire. It has burned for over five weeks and is so bad you cannot breath. You better be ready to clean a lot houses out that way when this is over with and you better have a plan. This is the most irresponsible thing I have ever seen.

Resident Bryan Ward said I live out there as well. The fire that is burning out there has violated every rule and regulation that I have to live by as an agricultural producer when doing a controlled burn. I am told the fire is to be out by 9 p.m. and that someone needs to be with the fire at all times, but that has not happened on your fire. It has been burning for five weeks, going on for almost six and there are times where it is unbearable. It is not just the fire, but also the people hauling the green waste and trash to the landfill. Items are always falling off their trailer and onto the roads.

7. Canvass of the 2019 Municipal Election

Recorder Nessen pulled the stats from the City’s last election (2015), which is when they still voted by machine rather than by mail. The total ballots cast in 2015 were 853. This year that was up to 1,201. In 2019 we had 33.97% of our registered voters vote and in 2015 we had 26%. We did have some confusion so we will have to work on our advertising. Connie Archibald had 679 votes, Rick Seamons had 701, Lyle Vance had 839, and Scott Dahle had 521. The Council is asked to sign a certification declaring these as the official results.

Motion by Councilmember Reese for the Council to sign the certification of the general election and accept the canvass report. Motion seconded by Councilmembers Holmgren and Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

8. Presentation:

a. Tremonton Library Achieving Quality Library Status – Debby Carter, Assistant Librarian

Debby Carter said the Library received a letter from the State Library informing us that we have received the certification of quality library during the yearly certification process. The library achieved the recognition because of our excellent work toward outreach, resource sharing, professional involvement, and engaging programing of classes. The library also surpassed the requirements for service benchmarks and website experience. A benefit of receiving this designation is that the library will not have to go through the re-certification process this next round. Congratulations to the Library, the director, and the hardworking staff. A large part of the reason we were able to reach those benchmarks is because of the extended service hours. We have been able to have robotics classes, and collaborations with the schools, and the Boys and Girls Club. We have had senior classes and author visits. We have also been able to offer more proctoring hours through the universities and more professional training hours for our staff. This is an honor. We are pretty pleased to be an outstanding part of the community and are thankful for the things the City gives us.

b. Report and discussion on Tremonton City Public Works Projects including, but not limited to, water meters, water shares, wastewater treatment plant upgrades, construction update on secondary water, and related items (if not already discussed during the 6:00 Workshop) – Paul Fulgham, Public Works Director

Mayor Fridal called a Public Hearing to order at 7:20 p.m. to vacate and dispose of a public street. There were 9 people in attendance.

9. Public Hearing:

a. Public hearing soliciting public comments regarding the City Council’s consideration of vacating and disposing of a public street at the west end of 100 South Road, West of 700 West

Manager Warnke said this is a public hearing for two separate actions, which were noticed together. The first is vacating a portion of 100 South that is adjacent to Crump Reese Motors. The right-of-way width is 66 feet, which is divided into equal halves north and south. It is divided that way in anticipation of the next item, which is disposing of it. Mrs. LaDee Scott owns the property adjacent and contiguous to the north half while Randy and Cindy Payne own property contiguous to the south half. We propose vacating a portion of that right-of-way. We will dispose of the property by deeding the south half to the Payne’s and the other half to the Scott’s. There would be cross access easements for the adjoining property owner, meaning the Scott’s and Payne’s would both have the legal right to cross into their property. The City would also reserve a public utility easement on the entire portion of the property. We would do a quit claim to deed property with those adjacent property owners and have them sign. By doing so, we have described the property we are deeding to them and re-described the property that they already own so that the recorder’s office would describe the entire property as one parcel.

Resident Randy Payne said we still do not have an approved landscape plan from Crump Reese Motors. We are concerned about that final state and asked if it will be curbed or fenced. Manager Warnke said it is private property, but we are working with Crumps on the final transition between that right-of-way. Director Fulgham said I did make a promise to the property owners that if there was not curbing included in the landscape plan, that I would put it along there so we had a definite boundary between the two. There will be curbing and rock to help control that. It is a detention basin so it does have a discharge and would never have water standing in it except for during a storm event.

Mayor Fridal closed the Public Hearing at 7:27 p.m.

10. New Council Business:

a. Approval of the 2020 Annual Tremonton City Council Meeting Schedule

Motion by Councilmember Reese to approve the 2020 Annual Tremonton City Council Meeting Schedule with the November 3 meeting canceled. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

b. Discussion and consideration of approving October Warrant Register

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

c. Discussion and consideration of approving October Financial Statements

Motion by Councilmember Reese to approve the October Financial Statement. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye. Motion approved.

d. Discussion and consideration of adopting Resolution No. 19-51 approving a management policy for the acceptance and processing of green waste at the Tremonton City Compost Facility

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

e. Discussion and consideration of adopting Ordinance No. 19-14 approving the Tremonton City 100 South Road Vacation Plat, which vacates the west end of 100 South Road, west of 700 West

Councilmember Rohde said I would like to add the concern about the curb. Manager Warnke suggested doing that on the disposal of the property.

Motion by Councilmember Holmgren to adopt the ordinance. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye. Motion approved. Councilmember Reese abstained.

f. Discussion and consideration of adopting Resolution No. 19-52 authorizing the disposal of real property which had previously comprised the west end of 100 South Road, west of 700 West that was vacated as a public street through the adoption of Ordinance No. 19-14

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

g. Discussion and consideration of adopting Ordinance No. 19-15 establishing the 1000 North Corridor Preservation Overlay Zone District and rezoning the property on 1000 North Street between 2300 West and Interstate 84 to be included in the 1000 North Corridor Preservation Overlay Zone

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

h. Discussion and consideration of adopting Ordinance No. 19-16 amending the Tremonton City Zoning for two parcels of property (05-055-0074 and 05-055-0034) that total 4 acres more or less located at approximately 2610 W BR Mountain Road, from Mixed Use (MU) Zone District to Manufacturing Distribution-Business Park (MD-B) Zone District

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

i. Discussion and consideration of adopting Resolution No. 19-53 approving the Terry Johnson Subdivision Development Agreement

Manager Warnke said there is nothing unique and this subdivision will be subjected to a site plan in the future. The dedication of water for secondary would be determined once we have the landscape plan and can calculate the irrigable acreage.

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

11. Calendar Items and Previous Assignment

a. Review of calendar

Manager Warnke said the Thanksgiving dinner at the Senior Center is Friday, November 22, at noon. If you want to serve come earlier. The Holiday open house is Tuesday, November 26, and starts at 2 p.m. The Council Christmas party will be December 10, at 6 p.m. An elected officials training facilitated by the Utah League of Cities and Towns will be on December 14, in North Salt Lake and a remote interactive training will be on January 4, through USU. We do not have a Council meeting scheduled for December 17, but would like to have an orientation with the newly elected councilmembers at 6 p.m. This will help introduce them to the department heads, orient them on current issues and allow them to ask questions.

b. Review of past assignment: none.

12. Reports & Comments:

a. City Manager Reports and Comments

1. Development Review Committee Report and Comments

Manager Warnke said we had some discussion with the property owner, who owns property off Iowa String between the overpasses. This is a mixed-use zone and they are proposing townhomes and single-family on smaller lots, as well as storage units. It is a concept and we have not heard back from him for about a month. It is really a constrained piece of land as it faces Iowa String, but it flattens out and is less encumbered as you go further west. The power lines on the south side of the development provide some free space. There will be a clubhouse and other amenities. Councilmember Rohde said they will have water issues and need to have good drainage there.

Manager Warnke said Jay Stocking owns a building, at 2650 West 450 North, that he wants to subdivide. Right now it is two lots, but he wants to subdivide it so he can sell each individually. The four dwelling units are under one common ownership now and physically there will be no difference.

Manager Warnke said Micah Capener is working on Tremont Place Phase 2, which is south of the stake center. He is also working on M&M Development, which will be commercial along the parcel at 950 East Main Street. We have provided comments and are going back and forth. We have a portion of the right-of-way and the others will come with the annexation. The current property owner is Craig Adams. We went through the process of annexing, but might want to adopt a resolution that terminates that because we never followed through with the pre-annexation agreement. Mr. Adams is well aware of it and not interested in developing at this time. The roads will be dictated by growth of that development.

b. City Department Head Reports and Comments: none.
c. Council Reports and Comments

Councilmember Holmgren said the Logan paper did an article on the cemetery and the Borgstrom Brothers. Councilmember Doutre is involved in that and I want to give her a shout out. The memorial they are doing is fantastic.

13. CLOSED SESSIONS: No closed session was held at this time.

14. Adjournment.

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

The meeting adjourned at 7:53 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 3rd day of December, 2019.

Linsey Nessen, City Recorder

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