TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

DECEMBER 4, 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 December 4, 2018 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, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Community Services Director Marc Christensen (arrived at 6:21 p.m.), Public Works Director Paul Fulgham, and Police Chief Kurt Fertig. Also in attendance was City Attorney Dustin Ericson.

The following items were discussed out of order.

1. Discussion and review of agenda items on the 7:00 City Council Meeting Agenda with the following items being discussed in more detail:

Manager Warnke said the public hearing to vacate 650 West also has an action item. This is a legislative decision that is considered valid by the courts as long as it is reasonably debatable that the decision supports the general welfare of the public. The State Code mentions good cause and that no one is materially injured. The City has followed the public notice requirements for the hearing, which included notice in the local paper, posting on the property, as well as direct mail notice to those with frontage on the street. Residents were encouraged to attend the meeting and some of their concerns were done away with once they understood the proposal of an alternate street. In the ordinance, there are a lot of details to be worked out. If and when the ordinance is adopted, the effectiveness of the ordinance is dependent upon further agreement with Crumps on such issues as timing, easements for utilities and costs.

The Council talked about the public hearing on the Edward Byrne Justice Assistance Grant Program. Manager Warnke said we have got this grant for years, but this year it included an opportunity for the public to comment on the grant. The best way to fulfill that requirement was to put it on for a public hearing. We also want the Council to have a chance to review it. Chief Fertig said the Defibtech Lifeline AED and Pads would go in the Library, while the Night Optics Vision Monocular will be for the Police Department.
The Council discussed awarding the bid for the Malad River Trail. Manager Warnke said we bid it in three distinct phases. Schedule A is the east bench, schedule B goes along the river and wetland area while schedule C is the spur that goes north. We had eight bids submitted and the lowest bid will depend on the scope of work we want to award. City staff recommends doing schedules A and B to create that loop, which would put Rupp’s Trucking as the lowest bidder. That will complete the trail project and allow us to maximize the grant in a reasonable way, which would provide up to 50% of the actual cost. It has taken the City a lot of resources to get to this point. With Rupp’s bid of $130,000, it would cost the City about $65,000 with the grant covering the remaining balance. For this fiscal year we have received $42,000 in impact fees for trails and park projects. I anticipate we will collect sufficient impact fees this fiscal year to complete that trail. Rupp’s feels this is a good competitive bid. The next lowest bid was $15,000 higher.

Councilmember Rohde asked if the $25,000 donated by Intermountain Healthcare was used as part of the trailhead. Manager Warnke said yes, we took it as it came and applied it to the project we were doing. We have spent a 60/40 split with granted funds, which is pretty outstanding and shows there are a lot of people who are willing to invest their money in the project. Councilmember Rohde asked about a sign for those who have donated. Manager Warnke said they plan to put a bronze plaque on the restrooms listing all the donors. Councilmember Vance asked Councilmember Holmgren how this would affect his subdivision and if the trail is located too close to his lots. Councilmember Holmgren said he has spent a lot of time on this. My concern was if it would be low enough and close to the toe of the hill. Engineer Breinholt said they cannot go lower without infringing on the wetlands, but after discussions I feel better about it. It sounds like they have the restoration part under control and it will be low enough on the toe of the hill. Councilmember Vance asked if we can award schedule A and B to Rupp’s and start on A now and do B later. Manager Warnke said we would miss out on the grant funding if the project is not done by September 2019. We got the grant under a previous cycle and they allowed a year extension. If we extend it out any further, we will run into issues. Also we would have to reapply for the wetlands permit. Councilmember Vance asked what the trail is going to look like when the Malad River floods. Manager Warnke said it is a crushed aggregate, not asphalt, it will not wash away. Councilmember Holmgren said I still believe you will see some washing because of the mechanics of the river, but it will be graded out again and smoothed up. There will be a weed barrier under it and some annual maintenance.

The Council then discussed the interlocal agreement with the RDA to receive tax increment from the Tremont Center development project area. Manager Warnke said part of the creation of the CDA required the City to enter into an interlocal agreement with all the taxing entities. This interlocal agreement had a clerical error and referenced an incorrect number—the amount of tax generated within the project area rather than the actual tax appraised value. All we are doing at this point is addressing the error and putting the correct number in. The County Auditor has been dispersing the tax increment based on the correct value. It has not affected administration or what people would have received it just cleans up a typo.

Director Fulgham gave the Council an update on the secondary water analysis. He said this addressed what areas should be built first based on demand. We contacted BRAG, who did calculations for our water usage in July. Those numbers were plugged in and plotted out. Manager Warnke said this is actual use and billing data. The boundaries of these service areas were laid out and through this we were able to obtain a really accurate picture for the service areas. Director Fulgham said right now we are working on service areas 1 and 2, which were the low hanging fruit. Service area 3 has been identified and has a large amount of usage—nearly 54% of our usage happens in those areas. That will relieve a lot of pressure off the culinary system. There are a lot of rooftops and service connections with smaller distances of piping. There is more density with smaller lots. Next is service area 5, which is on our list to do further down the road. Service area 4 is the older part of town, south of Main Street. Portions of service area 5 would fit in the demographics to service area 4. Right now service area 3 is going out to bid in two schedules (north and south) since it is a big project. This is where we would have to do some bonding. We will work with Finance Director Roberts and the committee to work on rates.

Manager Warnke said Director Roberts is working on the financial statements and wanted to do that before he jumped into the next project. Councilmember Doutre asked if we would have the money to do that if we waited. Director Fulgham said not enough. If we pick a smaller project it is easier to fund it, but our cost will go up a bit as we add other projects and put packages together. I do not think we have the time. This year we sold 79 single-family resident building permits, four multi-family permits and four commercial building permits. We have already exceeded what we sold last year and they start impacting us as lawns are added. The goal is to get ahead of that curve. This would go out to bid on January 8 and would be presented to the Council on January 15.

Motion by Councilmember Doutre to move into closed 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 moved into a closed session at 6:01 p.m.

2. 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 Holmgren to return to open session. Motion seconded by Councilmember Rohde. 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 6:20 p.m.

The meeting adjourned at 6:56 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the December 4, 2018 City Council Meeting to order at 7:03 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. Also in attendance was 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 Councilmember Holmgren 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 December 4, 2018. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

4. Approval of minutes – November 6, 2018

Motion by Councilmember Rohde to approve the minutes of November 6, 2018. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Years of Service Award

a. Laura Lee Woolsey, Senior Center Substitute – 5 Years
b. Jenny Christensen, Senior Center Admin Assistant – 10 Years
c. Janelle Esplin, Assistant Librarian – 10 Years

Mayor Fridal thanked them for their service.

6. Public Hearing

a. On a petition to vacate the public street of 650 West between 100 South and Main Street and accepting real property for a new public street aligned with the existing 600 West, between 100 South and Main Street

Mayor Fridal called a Public Hearing to order at 7:09 p.m. The hearing closed at 7:34 p.m. There were 23 people in attendance.

Manager Warnke said he talked to Crump Reese Motors about their plans to expand the business within the existing location. Part of that included an encroachment on a City right-of-way. Currently there are two entrances into those neighborhoods (650 West and 480 West). The proposal is to vacate 650 West and create a new street that lines up with 600 West, along the property line of Motel 6. From a transportation and safety standpoint, we believe this is a better alignment and circulation into the neighborhood. Right now two streets are close to 650 West, which have less than desirable spacing requirements. We showed the proposal to UDOT and they would require the City to install a right turn lane, which is an enhancement. We are supportive of the vacation and are listed as co-petitioners. The expansion of Crump Reese Motors and other retailers provides quite a bit of sales tax to the City and helps to provide services. We are trying to revitalize this area within the CDA. Any increase in taxable value is captured by Tremonton’s RDA and used to improve the corridor from 7th West to 2nd East. It is important for property values to increase within this business district—it gives the RDA tools and financial resources to improve downtown.

Resident Randall Payne said Crumps’ temporary lot is in my front yard. I have several concerns about the process. The only recourse with this part of the hearing is that in order to oppose it I have to prove material damage. Until we know what is going to happen with that site, we cannot do that. At this point, we do not know what is going to happen to our property value and neighborhood. It is difficult for us as residents to accomplish the law the way it is written. Secondly, there are things this plan does not address. The shopping center entrance at 480 West lines up with the entrance at Chadaz Estates and is a disaster waiting to happen. If you move 650 to 600 you have doubled the traffic in that same area trying to merge into that location. In 2011, the City Council issued Crumps a temporary variance for the lot that they currently own. That was to be a one-year variance. The City penalized me for not having curb and gutter on the north side of my house and refused to pave that street because of it. They have been there for seven years with no curb and gutter and every time it rains it drains into my yard and across the street. Even after trying to fix it, water still pools there. If the site is paved, it will increase the amount of water and chip seal gravel going into my yard. My neighbor and I have had to get blackout curtains because of their light on Main Street. If it is a full-lighted car lot, what property value do I have left? Is it going to be fenced or curbed and guttered? There are so many unknowns and I do not know how to prove the material damage. I am concerned about the traffic flow and impact to my property value. My water meter has been ran over so many times by people who are going too fast and end up on my front lawn. If we move that street to 600, you lose control of speed from 600 to 700.

Resident Kathy Allen, who lives a few houses down, said Mr. Payne addressed many of the concerns I have. I am very concerned about what it is going to do to our property values. Sandalwood has struggled for a while, but with people buying homes and fixing them up, we have better property value and a safer neighborhood. The fencing behind Crump’s lot is chain link now. They have had a shade cloth in the past, which is now ripped and tattered. It looks terrible. I am further down the street, but we still see their lighting. Big lights in the lot will illuminate our entire block and make life miserable and hard to sell our homes and they will go into decay. Are we going to be able to sell our homes and rejuvenate the neighborhood? That will stop if the neighborhood becomes an eye sore and hard to live in. I do not want it lit up all night long.

Resident Mike Johnson lives in Sandalwood and his concern is traffic. Coming out of that side street, vehicles stop in the middle of the road and almost get rear-ended. They have cars on the roadway and parked cars against the stop signs on both entrances and exits. They are given leverage to do those things so what will they do in the future. The zoning commission has promised us exits if a road was put in Chadaz Estates out through Jiffy Lube and have worked on that for over three years then all of a sudden when Councilmember Reese’s business is counting on that, then the road gets done. The Council and zoning have a tendency to authorize developments without taking care of the infrastructure. The road 600 might work, but in the past those developments have not been completed. They sit idle and never complete until a businessman wants it then it gets finished. You need to follow through completely not just talk about it. We do not know what is planned or the timing on that and the Council needs to bring up specific facts before they develop this property.

Resident Lisa Skinner said we did not get a letter and we are the ones facing Crumps as much as anyone. Neither did Dee Madsen on the backside. She did not know this was happening until we investigated ourselves. I have the same concerns. Since the dealership has been there, we have had excessive people driving through our driveway. Reed and Mary Summers have had extreme amounts of people walking through their carport. Will there be any fence? The lights and all those things are our concern as well.

John Losee said on behalf of the Tremont Center, the commercial development to the north, we have some concerns. We had engineering done and approved through the City that lines up with 650 West. We have not had enough time to go through and look at the economic impact it is going to be to us to reengineer that and move our entrance to 600 West. I think it is possible to find a middle ground and work through the issues, but we need more time. I encourage the Council to table this and allow us to have time to go through that.

Ron Crump, owner of Crump Reese Motors, said it is zoned for the use we want. We want to be good neighbors to these people so we will address their concerns and questions. Some of the problems they described are going to be taken care of by this happening rather than not happening. There will be less traffic there, but there will not be any more or less going back to Sandalwood—it will not increase traffic. We are not opposed to tabling this. We have had a few meetings with the affected people and believe we can get to a common consensus. We want to be good neighbors while still conducting business. People can come to our dealership to address any issues and we will explain our plans.

b. On the Edward Byrne Justice Assistance Grant Program for the purchase of one (1) Defibtech Lifeline AED and Pads and one (1) Night Optics Vision Monocular

Mayor Fridal called a Public Hearing to order at 7:34 p.m. The hearing closed at 7:36 p.m. There were 23 people in attendance.

Manager Warnke said this is a grant the City has received for years. This year they requested we put it on the agenda so the Council and public are aware and can provide comments. This is the proposed equipment we would purchase with the grant. There are currently two Defibtech Lifeline AED and Pads at the Police Department, one at the Senior Center and one at the City offices. This allows the public to have access to them. The Library will get the new one.

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

There were no public comments.

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 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 the October Warrant Register

Motion by Councilmember Holmgren to approve the October 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 the appointment of a Library Board Member

Motion by Councilmember Doutre to appoint Oria Burningham to the Library Board. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of adopting Ordinance No. 18-19 vacating the public street of 650 West between 100 South and Main Street and accepting real property for a new public street aligned with the existing 600 West, between 100 South and Main Street

Councilmember Vance made his motion to table the item. Councilmember Rohde said Stokes Trucking came in with their facility and worked closely with the community, which was a win-win. It can be done—businesses and neighbors can work together and come up with great solutions. Councilmember Reese abstained from voting.

Motion by Councilmember Vance to table the ordinance until they have more information and communication given to those involved. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of awarding the bid for the Malad River Trail- Phase 2 at the Holmgren Nature Preserve and Trail

Councilmember Vance asked about the total cost. Director Fulgham said if we construct all three schedules, the low bid is $154,066. The engineer’s estimate was $189,829. If we only do A, the low bid was Wardell Brothers Construction for $58,404. If we only do B, then Rupp’s Trucking has the low bid at $69,560. If we do A and B, then Rupp’s Trucking would be the low bid. Our recommendation would be to do A and B because then it completes that loop making it more of a walk-able trail. It will go along the east side and then on the west side of the downhill.

Councilmember Doutre wondered what people would do if they had problems. I am not against this, but there is not a second exit. Manager Warnke said there is not, but there is good access as far as being drivable. Director Fulgham said people have cell phones and could call for assistance from the Police Department or Parks and Recreation. A vehicle would fit down the trail because it is 10 feet wide, but there would be problems turning around on the trail. They would have to back out unless they had a side-by-side or wheeler. People need to know their limits.

Councilmember Rohde said Intermountain Healthcare’s expectation was that we would have a nice trail when they invested money, so I am all for meeting that expectation. Director Fulgham said in the future there would be places for people to sit and take a rest along the trail. Councilmember Vance said the total is $130,000 for A and B and with the grant the City has to come up with $65,000, but do we already have $45,000 earmarked? Manager Warnke said this is being funded out of our Special Revenue Fund with parks money we receive for impact fees. This project has been conceived for 30 years in the City’s first General Plan and it is in our Capital Facility Plan. As of October, the City has received $42,000 in impact fees, which is ahead of the projection for this year. It should be sufficient to pay our portion of the project. Councilmember Vance asked where we would pull it from if we do not get it all. Manager Warnke said the budget anticipated pulling it from an interfund loan, but I do not think that will be necessary. We estimated a higher amount to construct it, and we have the grant and more revenue from impact fees.

Motion by Councilmember Rohde to approve the resolution to do schedules A and B and award the bid to Rupp’s Trucking. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – nay, Councilmember Rohde – aye, Councilmember Vance – nay. Motion approved with a 3-2 vote.

f. Discussion and consideration of adopting Resolution No. 18-50 approving the First Amendment to the Interlocal Agreement Between Tremonton City Redevelopment Agency and Tremonton City Authorizing the Tremonton City Redevelopment Agency to Receive Tax Increment from the Tremont Center Community Development Project Area Plan Dated the 17th Day of March, 2015

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

g. Discussion and consideration of adopting the Tremonton City Council Annual Meeting Schedule for 2019

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

h. Discussion of Tremonton City Secondary Water Analysis of Existing Service Connections by Water Usage in Gallons for July 2018

Manager Warnke said, based on our water needs, the City is working on a secondary water system to provide water security going into the future. We exported our usage of water billed for the month of July into a new database that plotted the billing usage onto a map and created a chart. This is an accurate view of what is being used on a geographic location to help us determine how best to construct the secondary water system and save culinary water. BRAG provided technical expertise and Treasurer Sharri Oyler exported the data. Councilmember Rohde said kudos, this is an amazing chart and data. I have done an analysis on fees and they are higher than anticipated. Before we move onto bonding, we have to have the fee schedules buttoned down and find a way to make this work.

9. Calendar Items and Previous Assignment

a. Review of calendar

Friday December 7, the Council is invited to attend a tour of Aspen Grove’s RV Park. The Christmas party will be December 13. Senior Center Director Marion Layne is retiring and will have some events honoring her retirement in January. City staff is working on hiring her replacement. A new director will not be named by the time she leaves, but staff will help carry operations until then. The Council can serve lunch at the Senior Center on December 21, at 11:45 a.m., or deliver meals to homes at 10:30 a.m.

b. Review of past assignment

10. Reports & Comments:

a. City Manager Reports and Comments

1. ULGT 2019 Premium Relief Credit
Manager Warnke said when the pool is operating successfully and there are fewer losses than anticipated, the Utah Local Government Trust gives us a premium relief, which they have done at least three times since I have been here. The latest check issued was almost $9,000. They give that back to us based on what we pay into the insurance pool and what they feel they can provide back to the City.

2. Review of the Edward Byrne Justice Assistance Grant Program for the purchase of one (1) Defibtech Lifeline AED and Pads and one (1) Night Optics Vision Monocular

3. Discussion of holding a City Council Meeting on December 18, 2018

Councilmember Doutre will not be in attendance during this meeting.

4. Current Projects that are out to bid with bid opening scheduled for December 12, 2018

• BR Mountain Road Project
• 2300 West Waterline Extension

Manager Warnke said right now these projects are out to bid and will be on the upcoming agenda.

b. Development Review Committee Report and Comments

There have been no new meetings and nothing to report.

c. City Department Head Reports and Comments

1. October Water & Wastewater Info- Paul Fulgham
2. Wastewater Treatment Plant Upgrades- Paul Fulgham

d. Council Reports and Comments

11. 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 systems

12. Adjournment.

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

The meeting adjourned at 8:00 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 December, 2018.

Linsey Nessen, City Recorder