City Council Minutes 12-18-18

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
DECEMBER 18, 2018

Members Present:
Diana Doutre—excused
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 18, 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 Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham and Police Chief Kurt Fertig. Also in attendance were: City Engineer Chris Breinholt and City Attorney Dustin Ericson.

1. Discussion of the Bear River Canal Company’s new policy on pumping from their canals

Director Fulgham said he and Engineer Breinholt talked to the new manager at the Bear River Canal Company and were blindsided by their new policy. They do not like the idea of the City pumping directly out of the canal based on demand. They are afraid it will drop their canal too much and they will not be able to get water at the lower end. If they make adjustments, they worry about overflow on the banks. They were on board when we presented this plan last year. Manager Warnke had even suggested putting an agreement in writing, but they assured us they were on board and there was no need to do that. After some discussion, the canal manager said they might consider building a basin on the hillside to pump water to the City at wholesale. They suggested adding little basins to pump out of in different areas as well. We will not have a big enough basin to make a difference and with those, we are responsible if someone falls in. These would hold water continually throughout the irrigation season, which means we would have to purchase more property next to the pump stations.

Director Fulgham said we also talked about SCADA. We would do this in the future, but not up front because their plans to radio control all their gates are so far off. Anything I put up now would be out of date by the time they got around to using it. Everything we have can run off a SCADA system. Engineer Breinholt said the areas out west of the freeway could be served by a reservoir on the hill. That was the original plan in 1999 and the current plan could be modified for that. We really need these VFD drives in this part of town to make this work. In service area 3, if we built a holding pond to pump out of, it would have to be half a million gallons worth of water to service that area and that is not doable. They said what they would take back to the board members would be the idea of them building a reservoir on the hillside and wholesaling water to the City, with three VFD pump stations on the system. I would like four as a minimum, but we could make it work. We have come a long way and had a lot of meetings and approvals with these members. Director Fulgham said I do not feel those pump stations make a big difference on the canal. When we built the tank on the hill we bought enough to set an open basin there, but the big cost is taking pipe up and all the way down the hill. That is what killed the plan initially. Councilmember Holmgren said it is something that is predictable once we get going and know our summer time uses. Engineer Breinholt said the demands are going to be very predictable and consistent. I do not understand why the watering turns cannot be adjusted to accommodate that.

The Council asked about exchanging sewer water for canal and that study, but Director Fulgham said the canal company wants nothing to do with it. They do not care what our bacteria quality shows on the canal.

Councilmember Vance said if they let us have four pumps and we put the two new zones in, that would provide a whole summer of information to let them know if it is going to affect the canal or not. They and we do not have the money to put a tank on the hill. Engineer Breinholt said we told them based on everything that has been done so far, service area 3 is already advertised and will open on January 9. He said, as of right now, we do not have approval from the canal company to build that pump station. He will have a meeting with the canal company. Councilmember Vance clarified that we own these canal shares and the canal company is telling us we cannot use them. Engineer Breinholt said not in the way we want to use them. Attorney Ericson said we need to look at their bylaws to see if they have restrictions already in place on how a shareholder can use their shares. Engineer Breinholt said when we met with them, what we wanted to do fit right in. Director Fulgham said if they put a basin on the hill they would wholesale the water and not have us utilize our shares. Engineer Breinholt said I do not think they have a concept of how large that reservoir on the hill would have to be to service the City. Councilmember Reese said there are too many open questions—we need to get some feedback and numbers. Councilmember Rohde said we need to solidify this before we spend more money on the secondary system. Attorney Ericson asked if there is anything we could put in writing with them that would say the City would hold them harmless from any situation that was caused by the City where they did not get enough water or overflowed. Director Fulgham said they would have to prove it was us causing a problem, which would be hard because there are so many users along the canal. Ours is metered coming out of the canal and at the homes so we will know exactly what is being used. Attorney Ericson asked if we can readily show the canal company how much water we use on any given situation and if we could use that to memorialize what they already agreed to a year ago and if that would satisfy their fears.

Councilmember Holmgren said he thought the new manager seemed very much in favor of this, but I think there are board members who are having a hard time adjusting to this new idea. Engineer Breinholt said we did not hear any concerns when we talked to them about it before. Councilmember Vance said, based on those verbal communications, we spent money and tore up roads to put a system in and now they are saying we changed our mind? Engineer Breinholt said they are not telling us we cannot continue to operate the pump stations we already have in place, but there was a fair amount of money put in this study and putting this service area out to bid based on those approvals. Manager Warnke said they are going to allow us to do phase 3 conceptually. Director Fulgham said if they put a reservoir on the hill, then we could relocate our pump that is on the west side. Councilmember Holmgren asked about the size of the proposed pond, which would be about an acre (three feet deep, 175 feet by 175 feet). Councilmember Rohde asked if there are any minutes or recordings from their discussions with the canal board. Manager Warnke said there was a group of us there and we were pushing hard to get an agreement with them. We said we are embarking on a large project and spending a lot of money and they were bewildered by why we would want to put it in an agreement. Their response was it was already written in their bylaws. We touched upon the different class of users and I was hoping to put something in writing, but they did not want to do that. Councilmember Holmgren said there was an informal vote. Director Fulgham said they are private and do not have to abide by any laws like the City Council with open meetings and minutes. Councilmember Rohde said if there was an agreement made, there should be some kind of accountability to that. You cannot say you are going to do something and change your mind. If worse comes to worse, we may have to go after this legally and get it fixed before we spend a bunch more money. Director Fulgham said they should know by their next meeting and have them on the agenda.

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

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

The Council moved into a closed session at 6:27 p.m.

3. CLOSED SESSIONS:

a. Strategy session to discuss the purchase of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms; and/or
b. Strategy session to discuss the character, professional competence or physical or mental health of an individual; and/or
c. Strategy sessions to discuss pending or reasonably imminent litigation; and/or
d. Discussions regarding security personnel, devices or system

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

The Council returned to open session at 6:55 p.m.

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

CITY COUNCIL MEETING

Mayor Fridal called the December 18, 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 Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham and Police Chief Kurt Fertig. Also in attendance were: City Engineer Chris Breinholt and City Attorney Dustin Ericson.

1. Opening Ceremony:

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

2. Introduction of guests:

Mayor Fridal welcomed those in attendance.

3. Approval of Agenda:

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

4. Approval of minutes – December 4, 2018

Motion by Councilmember Reese to approve the minutes of December 4, 2018. Motion seconded by Councilmember Vance. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes.

Director Fulgham said I have lived in town almost 27 years. I know you guys are making some big decisions tonight and I do not want to see any more vacant buildings on Main Street with businesses having to leave. In the time I have been in the area, I have bought eight vehicles from one of the GM dealers. Every time we have a vacant business or lose sales in town, which hurts us economically. My feeling is we should try to keep all the businesses we can to help us as citizens keep our tax dollars down and be able to provide the amenities we are used to.

Resident Randall Payne said I renew my feelings that we are moving too fast on the proposal (for the road at 600 West). It is impossible for me to prove material harm, which is the standard I have to meet to object, until there is some kind of plan in place for the expansion of the dealership. I do not want anybody to think I am against that, I am not, I just want to make sure potential damage to me is mitigated. There is no question it will affect my property value and the value of Dee Madsen and Jeff Skinner. We will be affected, but it is hard to tell how we will be affected until there is a plan on the table.

6. Presentations:

a. Introduction of Dan Black the new Executive Director of the Utah State University Brigham City Region – Dan Black, Executive Director

Mr. Dan Black said I represent the Brigham City region, which has a building in Tremonton, two in Brigham City and one in Kaysville. I am here to introduce myself, build a relationship with the City and increase our presence in Tremonton. We have about 45 students attending USU in Tremonton and would like to see that number increase. As the new director, I would like to focus on giving back to and partnering with the community. Our ultimate goal is to increase the number of those who are educated because education benefits people’s lives in a lot of ways. Last fall we started a series of community education classes and we have started a lecture series that is broadcast to the building here. This spring the lecture series is in conjunction with the Golden Spike celebration. Each month, starting January 10, we will have a lecture that is related to that. These things are free to the public. In Tremonton, you can earn four associates’ degrees, 24 bachelors’ degrees, 23 masters’ degrees and one doctorate degree. Classes are broadcast to students all over the state and there is live conversation. It is a neat system.

7. New Council Business:

a. Discussion and consideration of approving the November Financial Statements

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

b. Discussion and consideration of approving the November Warrant Register

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

c. 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 Rohde brought up Stokes Trucking and said I am so impressed with the way they have made that and it has not devalued the surrounding property. They have done such a great job of bringing the community and them together and I know Crump Reese would do the same with fencing, and curb and gutter. It will really help that area out versus hurt it. I have talked to quite a few people in that area and the majority of them are neutral and think it is a good idea. Councilmember Vance said there have been a lot of hours put into this and lots of meetings to take into consideration everyone here. I would like to make the motion to adopt the ordinance and hope to keep Crump Reese here in town. Councilmember Reese abstained from voting.

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

d. Discussion and consideration of awarding the BR Mountain Road Project (road to be constructed at the approximate intersection of 300 North and 2300 West)

Director Fulgham said this is the start of the 80-foot road corridor that will be a main collector road someday for taking people off the hillside out of that subdivision onto Main Street. We bid out the first section by contract, which was part of the agreement with the landowner, who we purchased the easement from three years ago. Roughly 1,300-feet of road will be built in an 80-foot wide roadway cross section. We had 13 bidders ranging from $512,252 to $832,754.50. Our recommendation is to award the bid to Staker Parsons, who was the low bidder and has done work for us in the past for $512,252, which is lower than the engineer estimated.

Motion by Councilmember Holmgren to award the bid for the BR Road project to Staker Parsons. Motion seconded by Councilmember Reese. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of awarding the 2300 West Waterline Extension (waterline to be constructed along the Western Inn property line)

Director Fulgham said we had 11 bidders, which tells me they are hungry to get work lined up and we are bidding at the right time of year. They ranged from $123,996 to $51,859.50 and the engineer estimate was $81,587. The low bidder was Grover Excavation and they have done a lot of work for us in the past. Our recommendation is to award it to them. This will not put the pipe under the freeway, but it could be our next job as people develop on the other side. The sewer line is on the north side of the freeway. When we get a development interest, we are that much closer to getting water and sewer there. It has place for storm drain to go and we are putting in a fiber optic conduit with that so we can take UTOPIA fiber to the other side of the road.

Motion by Councilmember Rohde to award the water line extension to Grover Excavation. Motion seconded by Councilmember Holmgren. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of authorizing the submission of a Certified Local Government grant application for a historic preservation project that proposes the engagement of consultants to perform the work necessary to submit to the Utah Division of State History and National Park Service a historic district nomination with the boundaries of the district being approximately 300 South to 600 North and from 400 West to 300 East

Manager Warnke said three years ago the City worked with a student from the University of Utah, who was doing her masters degree in historic preservation, and created a reconnaissance level survey. She evaluated each building in a defined geographic area based on what we felt had a concentration of historical significance to see if we could create a historic district. To make those determinations, she looked at the condition of the house, architectural integrity and the time frame it was built. There are four different periods that all tell a story about Tremonton, including the Homesteading period, the Community Improvement Growth from 1906 to 1934, post-World War II, and then 1960s to present. She made the determination for each building if it was eligible for consideration (significant, contributing, non-contributing, or out of period). Out of 208 buildings, her survey showed 109 were contributing. Of those, 15 were eligible significant and 94 were eligible contributing. She recommended we do a further analysis to take a look at different parts of the City to see how they stack up.

The benefit of creating a historic district through the state and national park service is that those building owners can receive a 20% tax credit if they spend over $10,000 on improvements. The library and museum are in the boundaries we are proposing, along with some other buildings that are significant. This allows future certified local grants to be eligible and applied to those buildings. There is also the concept of community pride and place making. These buildings tell the story about the development of the City and these different periods of time. Federally recognized historic districts have fewer restrictions than local historic districts and are on a voluntary basis. This district would go to the State for their review. They would then send out a letter to all the property owners within the district, allowing them a chance to comment. They have never had a district turned down once people find out the benefits and lack of restrictions and they see value and opportunity for enhancements. The City has a certified local government, which means we are eligible for preservation grants and in talking to the State, they suggested this as the foundational project. It sets the geographical area that allows people to invest and improve their properties. It also allows us to do brick and mortar grants in the future. I got a quote ranging from about $13,000 to $16,000 to establish it. The Certified Local Government Grant program would pay for half of that and an additional amount could be counted toward staff time in doing the work to establish the district.

Manager Warnke showed the area being proposed and the steps in the application. The City will need to revisit the survey to make sure nothing has changed and encompass more territory. We have done a windshield survey, looking at homes near the library. There is a great mix of homes in there we believe are eligible and would contribute to creating a historic district. We would hold an open house to answer any questions. He then told of his experience and how easy the process was. The Historic Preservation Commission, an advisory to the Council, reviewed this and recommended this be the project. Councilmember Holmgren said I think it is a good thing and hopefully something that will incentivize people. As long as it is voluntary and we are not telling people what they can or cannot do with their property.

Motion by Councilmember Holmgren to authorize the submission of this certified local government grant application. Motion seconded by Councilmember Reese. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

g. Discussion and consideration of disposing of two pool tables at the Fire Department; a Suzuki 125 three-wheeler; a Yamaha Grizzly 600 four-wheeler, and a Zone Electric golf cart from the Parks Department

Manager Warnke said according to our ordinance as we dispose of personal property that has a $5,000 value the day we bought it and a residual value of $350 we have to bring it to the Council to declare it as surplus. These items owned by the City have realized their life, are not of value anymore or even used by the City. The Boys and Girls Club will take one of the pool tables.

Motion by Councilmember Vance to declare the items as surplus. Motion seconded by Councilmember Rohde. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

8. Calendar Items and Previous Assignment

a. Review of calendar

The Council was asked to serve Christmas dinner on December 21 at the Senior Center. Marion Layne’s retirement festivities will also be held in January.

b. Review of past assignment

9. Reports & Comments:

a. City Manager Reports and Comments

1. Discussion of Garland City’s request for Tremonton City to provide Garland City with a cost estimate for providing police services within Garland City’s incorporated limits – Shawn Warnke, City Manager & Kurt Fertig, Police Chief

Manager Warnke said Garland City reached out to Tremonton because their current police chief took a job with another agency. They are looking at different options for providing police services, which included Tremonton doing so. In talking to Mayor Miller, he contemplated those services by Tremonton City Police with some identification that included Garland on our vehicles and patches. The control and decision-making would reside with Tremonton, but we could consider their desires and wants too. It is not the merger we contemplated in the past where we have the two police forces come together having their Council and our Council govern and administer the department. We are looking at the numbers to see what it would cost, but we want to make the Council aware and get your direction on if we should pursue it. We would then have a talk with Mayor Miller for more specifics.

Chief Fertig said this has been discussed in the past, but the big difference this time is it would be on a contractual basis where Garland would pay us for the services. They would be an extension of Tremonton and have access to all the same services. It has to make sense financially, but from the Police Department perspective, it makes a ton or sense. We have staffing issues that will not be addressed any other way. Having a large chunk of the budget added will give us more staffing and it will be worth the call volume increase. It could be a win-win if it works. Councilmember Reese said I am little bit concerned because we do not have a real good relationship with Garland City right now on other issues, mainly the sewer. We cannot reach a contract with them. I think some other things should be addressed between the cities before we do this. They are up in the air on the sewer thing and it puts us in a spot. Chief Fertig said if they wait too long they might miss out. Garland’s other two options are to contract with the County or to hire a new police chief. We are going to bear the brunt of a lot of calls in Garland without any of the benefit back if they go the other two routes. There is a lot of benefit to Tremonton because we are backed up on calls. There are cases we are not getting addressed as soon as they should and this provides an opportunity to solve some of that. The Council agreed with Councilmember Reese and said both issues should be brought to the Council and cleaned up. They suggested Garland provide the Council with an update on where they are in the sewer process.

2. Lawn Care Services – Shawn Warnke, City Manager

Manager Warnke said we are preparing to go out to bid with a new contractor who will make a proposal to the City on lawn care services. The previous contractor did not ask to extend the contract and it has been a while since we have gone out to bid.

b. City Department Head Reports and Comments

1. November Water and Wastewater Report – Paul Fulgham, Public Works Director

c. Council Reports and Comments

Councilmember Vance said he was glad to see Dan Black from USU here. I am on that council and it is fun to watch him come in with new ideas on how to get in front of people. We have a great asset with USU in our backyard.

Councilmember Holmgren said someone is asking about RV cleanouts so he said he would bring it up. Director Fulgham said he was approached by a local business and told them he is more than willing to work with them, but has not heard back. He will touch base with them.

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

The Council moved into a closed session at 7:53 p.m.

10. CLOSED SESSIONS:

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

The Council returned to open session at 8:06 p.m.

11. Adjournment.

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

The meeting adjourned at 8:06 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 29th day of January, 2019.

Linsey Nessen, City Recorder

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