City Council Minutes 2-18-20

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
FEBRUARY 18, 2020

Members Present:
Connie Archibald
Lyle Holmgren
Bret Rohde
Rick Seamons
Lyle Vance
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the February 18, 2020 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 Archibald, Holmgren, Rohde, Seamons, 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.

The following items were discussed out of order.

1. UTOPIA Update- Roger Timmerman, Executive Director of UTOPIA

Mr. Timmerman gave a history and discussed the phases of UTOPIA and UIA. He said UTOPIA was created in 2002 and by 2004 we had done the first bonds to build. We had some successes and troubles over the years. Cities bonded together and a lot of the network was built, but it was not a financially successful phase. In 2008 they refinanced to keep it going, but cities were fed up with the debt burden and it was losing a lot of money. We either needed to stop or fix it. Money was used to build out most of the cities and Tremonton proved we could build the network and get customers because people did want the service. In 2009 we created an organization called UIA (Utah Infrastructure Agency) or UTOPIA phase 2. Tremonton is not a pledging member of UIA, but has been involved. Since there is no money in UTOPIA, the UIA has been investing in the growth, expansion and additional customers. There was a period of time where there was a shortfall and cities made payments toward that. Tremonton did participate even though it was not a member of UIA.

Mr. Timmerman said today UIA is financing and building out the remaining areas and is financially strong. It is being built out faster than ever before. We have more than doubled our subscriber base in the last four years and are available to over 100,000 homes and businesses across the system. Tremonton subscribers have gradually grown over time and demand continues to grow. The residential take rate is about 35%, with 1,000 total subscribers. When we build out all the remaining areas, UIA will be in a good position to help with previous debts. We have a finance committee that is working on methods to do that. Every year the boards of each entity have to prove which organization is going to pay for what. UIA bond proceeds cannot be used to pay operating expenses so the cities were assessed payments. Last year a payment was made back to Tremonton and this year it will be more. As we complete the build out, there ought to be a significant increase in that amount. Tremonton is not a member of UIA, but you have made all the payments and been good partners.

Mr. Timmerman further explained the differences between the two sister agencies and how they benefit each other. The desire to pay off the UTPOIA bonds and get rid of those obligations is there. Councilmember Vance asked how much we are still paying per year. Manager Warnke said $300,000 and it increases each year. Mr. Timmerman said all the UTOPIA cities are paying the same burden relative to their population. None of them are getting payment beyond this repayment, just like you. We are pushing hard to get this built out and to stay ahead of schedule. UIA has no responsibility for UTOPIA debts, but it is expected for UIA to pay those debts indirectly and justifiably. You did not vote in favor of UIA so you are not entitled to that upside with UIA like other cities, but there is a lot of argument to be made that you ought to be. You had no obligation to pay the UIA shortfall, but you did and that bodes well for the City that you voluntarily helped out. Since you do not have a contract to say it is guaranteed, it will go to the UIA board for review. We really appreciate the City’s support, there is a big difference when elected officials, community leaders, and city staff are supportive and say good things about the network. We see a dramatic difference when cities have that opinion.

2. Overview of the Canal Rail Trail- Shawn Warnke, City Manager
3. Review of items listed on the 7:00 p.m. agenda

Chief Fertig said the Box Elder Safe Communities Coalition is requesting a City Councilmember serve on their board. They are are restructuring to have an executive board and a citizens board.

Director Fulgham gave a summary report of the Municipal Wastewater Program. This gives the number of sanitary sewer overflows we have, which is a plugged City line broke into two tiers. One means an overflow came out of a manhole and is getting into the waters of the state through irrigation ditches, rivers or whatever. Two is a backup that is caused in the mains. Last year we had two we attributed to the City and the rest were the responsibility of homeowners. You see the flow and outline monthly. This is only for wastewater not water. We will post this on our website for citizens to review. Councilmember Holmgren asked where we are on percentage of capacity. Director Fulgham said that changes from year to year, but the production of MOM Brands and West Liberty Foods drives us closer to capacity. Our treatment facility is designed for 1.9 million gallons a day and last year we averaged 1.88. Our plant is designed for 5,773 pounds per day and we averaged 5,037. If you look at the total suspended solids, our plan is designed at 3,189 pounds and our average was 3,771. We are 600 pounds above our design, but with TSS, it is easy to treat. We can get a lot of it out in our primary treatment. When Garland goes out, that flow picture is really going to go down—about 500,000 gallons a day. The loading will go down some, about 200 pounds per day. They are totally domestic so no industry feeds into the plant. Councilmember Vance asked if we should be concerned. We are at capacity. Director Fulgham said no, these numbers fluctuate. This is why if you look at the solids handling project it does not reduce the number, but it helps us pull those out. When we are through, they will re-rate our facility and we will be a 2.5 MGD plant. Those upgrades will be done this spring.

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

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

The meeting adjourned at 6:52 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the February 18, 2020 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 Archibald Holmgren, Reese, Rohde, Seamons, 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, Police Chief Kurt Fertig, and Library Director Kim Griffiths.

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.

3. Declaration of Conflict of Interest: none

4. Approval of Agenda:

Motion by Councilmember Rohde to approve the agenda of February 18, 2020. Motion seconded by Councilmember Archibald. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – February 4, 2020

Motion by Councilmember Vance to approve the minutes of February 4, 2020. Motion seconded by Councilmember Holmgren. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

6. Employee Years of Service Award

a. 15 Year Service Award- Chad Hayman, Police Officer

Mayor Fridal thanked Officer Hayman for his service.

7. Public comments:

Resident Val Bush, who lives along 2500 West and 600 North, commented on the proposed zoning change (from R1-10 to R1-8). My concern is we already have 22 apartment buildings in three blocks of that area. I read through the City plans and it says they are supposed to be designed with open space and require landscaping around the perimeters of residential developments. I am concerned with us continuing to have higher density housing when we are not following those issues now. Why are we trying to get smaller units? Do we have the open space put into it or is this just a method to pack in more people. I encourage the Council to not rush through some of these things. If we are going to increase the density then we have to have some space put into it.

Resident Erik Richardson, who lives on Mountain Road, said I am here to talk about secondary water. The ball has been dropped and nothing has changed. We do not have rate structures. We have had open communication, but I would like to see action, especially for those who have been affected. Citizens support the need to implement a secondary water system because it is the correct and least expensive method to provide water and sustainability as we continue to grow. Canal water is dirty and problematic, which causes me to do different types of lawn care to treat the weeds at a higher cost. I am paying for dirty water at a premium. I should pay the same rate whether it is clean, filtered or dirty and contaminating my yard. He then showed a table of cities that value secondary water less then culinary water and gave pricing for those areas. You are comparing filthy water out of a ditch to clean water. I should not be paying the same. Other cities are paying a lot less for secondary water than they are for clean culinary water. If I choose to use culinary water for my yard, then I would get charged double and all my rates go up. When the meters were rolled out, we were told this system was going through Spring Acres for all 70 homes. Now I am one of 24 homes that get to fund your secondary water expansion project. That is not fair or right. There was no communication to my home, nothing in my bill, and no door-to-door campaigning. I tried to buy the Leader Newspaper on a few occasions, but could not. Your communication methods bothered me. I found out when someone started digging up my yard. You are not charging everyone laterally for the same features and benefits they are receiving. Tremonton has had the right intentions, but has grossly mismanaged and miscommunicated and over charged for secondary water. How will Tremonton involve the affected users and come to an acceptable solution? How do we help the City use all the available resources to fund the improvement projects? When and how will we as citizens receive a formal response for our concerns?

8. Presentation

a. The Box Elder Safe Communities Coalition update and a request to have a City Councilmember serve on the executive board of the Box Elder Safe Communities Coalition- Diane Jones, Bear River Health Department

Ms. Jones said the coalition decided to change the name and logo to make it more representative of Box Elder County. The winner of the logo contest was a Bear River High School student. She explained their vision and mission, and how they have created a new structure—an executive board, a community board, and five workers. The executive board is composed of leaders in the community who oversee the coalition’s efforts, which include securing needed resources to help implement programs, policies and practices. We are here to extend an invite to see if a City Councilmember would like to be on that board. The coalition and health department have collaborated with Kent’s Market in Brigham City and Tremonton for our Parents Empowered program, which is a statewide campaign that helps parents know how to talk to their kids about underage drinking. The coalition has also worked with work sites to put installments of opioids and the importance of talking to your doctor about alternatives and asking the five questions. We have also collaborated with USU Heart Initiative and IHC. We did messaging at the rodeo and collaborated with the Box Elder School District Transportation by adding signs on their buses. We are currently collaborating with Director Christensen to have messages throughout the park about Parents Empowered.

b. The 2019 Tremonton City Municipal Wastewater Planning Program (MWPP) Annual Report Summary- Paul Fulgham, Public Works Director

Director Fulgham said this is a yearly report letting the Council know the status of our wastewater treatment facility and collection system. It lists our sanitary overflows. Tier One is an overflow in the state water through a canal, river, or stream, which is a major violation. Those in Tier Two are simple line plugs that affect the home. We had no Tier One violations, but we did have two in Tier Two. That is why we go through our system and clean it yearly with our high-pressure machine. We do our best to hit all the lines in the system, especially those that have issues. It also lists activities in our wastewater treatment facilities. Average flows compared to our design flow, our BOD loading and pounds compared to the design of our treatment plant and also totals of suspended solids. Councilmember Holmgren said the original sewer system was constructed in 1913 and asked if we have any pipe that is still that old. Director Fulgham said yes, the original system is surrounded by clay and as long as it does not get fractured and the joint stays secure, then that pipe will last forever. We still have a lot of them in the older parts of town.

c. Critical U.S. Census 2020 Information- Debby Carter

Ms. Carter, who works at the Library, said I recently went to training for the 2020 Census. The United States constitution requires that a count be done every 10 years. There was about $675 billion given from federal funds for this census. Each individual counts for approximately $1,000. If just 20 people did not complete the census, that would be $20,000 that Tremonton City would lose for one month. In 2017, Tremonton’s population was 8,626, which equates to $86,260. About 11% of those people were of Latino origin and we know that they are the most undercounted along with children, which account for 12.8% of the population. Tremonton has grown considerably this last year—our population is 8,882. This money goes to help with City roads, Medicare, housing, education, redistricting and lots more. I propose we have a citywide event. Computers would be available at the Library, Senior Center and possibly another City building where people could go for an open house to receive help with the census. It would be great if we could put a reminder in the water bills, along with information as to why this census is so important. Working with the City for a more accurate count would help ensure Tremonton receives the money it deserves. These funds directly impact young children’s lives, including Head Start, other educational properties, and children’s health insurance—they also drive federal funding allocation for libraries and are used to determine representation in congress. Communities that are undercounted are at a very large disadvantage economically and politically. The gathering of information has already started. In March, invitations go out to respond to the 2020 Census. In the summer, people will start going door-to-door. People who do not respond online, through a mailer or a personal visit from a census bureau will see numerators through July. It is imperative everyone knows how important the 2020 Census is to all of us. As community leaders and entrusted entities, it is our responsibility to provide proper information. The Senior Center has agreed to partner with us and I would like the City to help too.

9. New Council Business:

a. Discussion and consideration of approving the January Warrant Register

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

b. Discussion and consideration of approving the January Monthly Financial Statements

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

c. Discussion and consideration of adopting Ordinance No. 20-02 amending the Tremonton City Zoning for Parcel No. 05-055-0092; 05-055-0093; 05-055-0094; 05-055-0095; 05-055-0096; 05-055-0097; 05-055-0129; 05-055-0148; 05-055-0149; 05-055-0156; and a portion of 05-055-0181 that totals approximately 30.5 acres in size located at approximately 2650 West 600 North, from Residential District R1-10 to Residential District R1-8

Manager Warnke said the Planning Commission reviewed a request to rezone the property from R1-10 down to R1-8, which is single-family detached housing. That is a 2,000 square foot difference in lot size. Councilmember Holmgren asked how that would affect traffic and if the City has the collector roads they need. Manager Warnke said 2650 West is the collector road it is going to. The alignment will continue north and eventually line up with 2650 West on 1000 North. I have reached out to the property owner on 1000 North and had some preliminary conversations. We will continue that as development progresses. I believe 2650 West will drop into BR Mountain Road, which is a minor arterial. The Council discussed possible options for open space areas. Manager Warnke said we are trying to get all the property south of there, but it does take a willing seller. Councilmember Vance confirmed there are three owners involved in this zone change and asked if they are going to pack that thing full of lots and if there will be any green space. Manager Warnke said there is no green space that happens with subdivisions. The way the City funds open space and parks is through impact fees. Each building permit pays an impact fee and it is the City’s responsibility to acquire property and construct parks. Councilmember Holmgren said we are putting more and more pressure on 2300 West. Director Fulgham said that is why we have the BR Mountain Road. It will be the main that takes the burden off of that. Councilmember Rohde said the Planning Commission talked for a while. I make a motion we adopt the ordinance. Councilmember Seamons seconded it, but the other Councilmembers wanted more discussion. Councilmember Vance said we have so many subdivisions coming in that are pushing down on lot sizes. We need to see what they want to do with it before we approve it. They need some type of plan. Councilmember Holmgren said I am not opposed to visiting this again, but it would be nice to have more information.

Motion by Councilmember Vance to table the item. Motion seconded by Councilmember Holmgren. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – nay, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved by a 4-1 vote.

d. Discussion and consideration of adopting Resolution No. 20-08 approving the new sign copies for Tremonton City billboards along Interstate 15 and State Road 13 along with approving a bid to complete the replacement of these sign copies and to perform other maintenance work on the sign structures

Manager Warnke said the City owns three billboards: two on I-15 and one on SR-13. In 2016, the traffic counts on I-15 showed there were 20,000 vehicles a day or 7.1 million vehicles annually. For these billboards, we propose something that would target motorists and get them off I-15 to use our City services. The last maintenance project for those was in the early 2000s and the lights do not work. The billboard on SR-13 has not been maintained since I have been here and the lights do not work. The traffic counts on this road are 6,800 vehicles a day or 2.4 million annually. We propose something similar here, but want to get people to turn on Main Street. We have a $20,000 grant from Box Elder County who wanted to have some recognition on the billboard with their name or logo. The south side would have our sign copy and the City would allow the Chamber of Commerce to use the north side of the billboard. The City owns the billboard although ownership is not clear. I have not see any documents that say the City owns them or any easements. In talking to YESCO, that is not uncommon. The City is looking to install gateway signs too, but that is a longer-term project. It would take more money to meet UDOT standards. You will need to make a decision on what kind of sign type you would like and how much you want to spend. We would plan to do something nicer to welcome people into the City and serve as a place making improvement. Those are geared toward directing people to Tremonton’s Main Street for commerce purposes.

Manager Warnke said the funding sources for the billboards are $20,000 from a TTAB grant and the Chamber would participate with $5,000 for their sign copy. The City has budgeted $130,000. The more expensive option for SR-13 is an extruded aluminum sign cabinet that is internally lit. A flex face material would be used to print the sign copy, which is expected to last 10 years. The other option would be to have an image digitally printed to ACM panels, which would be mounted to the billboard’s existing sign face. This is the least expensive option and is proposed for the I-15 billboards. We are hoping to get guidance from the Council in what direction you would like to go and then we could get the formal cost. Right now, that estimate is $40,000 for the one on SR-13 and another $20,000 for both I-15 billboards. YESCO would also paint and tune up the sign structures. Updated lighting for the I-15 billboards is not included in the bid, but would be part of the work, which is about $5,000.

Manager Warnke said if installation issues arise for the SR-13 billboard, such as YESCO needing to rent other equipment or get the power company to de-energize the power lines that hang near the sign, then there would be additional charges. However, YESCO workers believe they can perform the install with their equipment when the ground is dry and compact. Councilmember Archibald said the SR-13 sign sits lower to the ground and asked if we would lift that. Manager Warnke said it gets more expensive if you start changing the footers or poles. I know we cannot change the sign structure without incurring a big expense, but we could ask YESCO about placement and have City staff maintain the vegetation there. Councilmember Vance said I think you ought to pursue it. Find out if these are going to be our signs and what it will cost.

Motion by Councilmember Rohde to adopt the resolution and go with option B. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

10. Calendar Items and Previous Assignment

a. Review of calendar

Manager Warnke said the League of Cities and Towns meeting will be April 22-24. Accommodations have been made.

During our next City Council meeting, there will be training during the work session. Councilmember Rohde said we should meet at 5 p.m. on March 17, to discuss the plan for Main Street entryways. Study the plan carefully and prioritize what we should be doing.

b. Review of past assignment: none

11. Reports & Comments:

a. City Manager Reports and Comments

1. Overview of the Canal Rail Trail (if not discussed in the Work Session)

Manager Warnke said we have been acquiring sections of this Canal Rail Trail corridor that is 2.69 miles. It would be a paved urban trail that is 12 feet wide and mostly separated from vehicle traffic, making it an ideal corridor for alternative forms of transportation. Pedestrians and bicyclists could safely and quickly move throughout the City without fear of curb cuts and driveway conflicts. The corridor would link our most dense neighborhoods with community amenities. It would provide access to destination points within the City. The kind of density that is developing around this trail is vital to its success. The Tremont Center, which would be right in front of the trail, will have multi-family dwellings with about 800 people. That portion is within the City’s right-of-way so it is not as clear and clean as some of these other segments. Down at Tremonton Pines, there are 280 people. Another possible development along there is Aspen Ridge, which has been zoned at 10 dwelling units per acre, which would be about 700 people. It would have private roads stubbing into that property. Sierra Homes is also proposing another 730 people along that corridor. Even without those developments this is a dense area of the City.

Manager Warnke said this corridor was conceived through the 2011 Master Plan process and the goal was to provide connectivity between neighborhoods, community and shopping centers, schools, churches, and open space networks through the use of a trail. We have worked with property owners and there is only one section of the corridor that has been developed over, but we made the best of the situation and incorporated it in the City’s right-of-way. Some of these new developments are embracing this corridor as a way to move their residents to different areas in the City. They see it as an amenity and something to market. Some of the corridor will serve as a utility corridor, from 10th North down to 6th North. That will be the outfall line for storm drainage in this area. We have acquired the corridor to install the storm drain, outfall line and trail on top. We have also acquired and used a portion of the segment from Main Street down to 425 South for an outfall for storm drain that has already been installed. Councilmember Archibald asked if this is a way for children to more safely go to school. Manager Warnke said yes, right now our children are walking on places that do not have sidewalks so this is a really good thing. It is a natural corridor that people are using already. This will make it safer with more improvements. The Council discussed the sections they are still working on acquiring.

b. Development Review Committee Report and Comments: none
c. City Department Head Reports and Comments: none
d. Council Reports and Comments

Councilmember Archibald handed out information on what the New Hope Crisis Center is up to. She said the Library has a virtual reality room that is neat and they are hoping the Council will join them for their summer kick off in May by cooking hot dogs.

Councilmember Vance said I am excited that we are meeting at 5 p.m., on March 17. I look forward to that discussion.

Councilmember Seamons said someone approached me about an RV trailer dump. Director Fulgham said we allow homeowners to put their own in, but if it is on City property, then we have to maintain and clean up the mess. That is why we resist.

Councilmember Holmgren gave an overview of the City’s website and its usage. We average about 400 hits a day. Since we started the site three years ago, we have had 539,000 hits. Each month we have about 7,200 views with our peak month being July. People are finding us through Google search and Facebook. They view our home page, contact, bill pay, and the police department. The Parks and Recreation is up there with registrations. People are clicking on the express bill pay and looking into the activities. It is a good idea to refresh a website every two to three years.

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

The Council moved into a closed session at 8:36 p.m.

12. CLOSED SESSIONS:

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

The Council returned to open session at 8:59 p.m.

13. Adjournment.

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

The meeting adjourned at 8:59 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 March, 2020.

Linsey Nessen, City Recorder

Follow-up items for the Council and City Staff

Manager Warnke will follow up on the billboards and bring the Council firm numbers.

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