City Council Minutes 2-2-21

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
FEBRUARY 2, 2021

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 2, 2021 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 Archibald, Holmgren, Rohde, Seamons, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Fire Chief Robert LaCroix, Community Services Director Marc Christensen (arrived at 6:03 p.m.), Public Works Director Paul Fulgham, Police Chief Kurt Fertig, and Treasurer Sharri Oyler (arrived at 6:03 p.m. and left after the Work Session).

1. Update on the Fire Department’s operation – Chief Robert LaCroix

Chief LaCroix thanked the Council, City staff and fire department for supporting him though this transition. We are working hard to build on the foundation that was already here. As a department, we have broke our plan into three parts: operations, funding, and staffing. For the operational side, we inventoried all fire engines and ambulances, cleaned them and fixed broken items on the apparatus. We then developed automatic assignments so everyone knows what their assignments are. We also developed a response matrix so everyone knows what apparatus to respond in. We even drafted operational policies and job performance requirements. We have updated our EMS protocols and instituted several trainings. For funding, we questioned how we could generate more revenue within the City. The two biggest ones we determined are medical billable supplies and billing for medical non-transports. A committee has been established to inventory all our supplies and determine when they expire and what needs to be ordered. We also identified locations to purchase those at a low cost. Life Assist has a free web based program that tracks items annually so we know how much we are using. We also looked at current areas we were not billing for, but should be. I have restructured our billable supply list to show that. We are now auditing all pre-hospital care reports and switching to electronic care report, which allow for better documentation. We are also looking to have our billing software coincide with this new program and adding a credit card on the billable system to make payments easier. For non-transports, we were treating the patient and eating that cost. Insurance allows us to bill and recoup that. Lastly, my number one priority as fire chief is to know who is responding when the alarm rings. Currently with our system, we have no idea who is coming. I want to know we have personnel on that first engine or ambulance out. I have started a staffing committee of five members and we have brainstormed ways to guarantee staffing and keep costs down. They have suggested a paid, on-call stipend, which would allow three people to be on call 24 hours a day, seven days a week. That would guarantee staffing on the first apparatus. He then explained some of the health risks fire fighters face due to the high stress involved in their jobs.

Manager Warnke said there is a need to do the stipend across the board to also include the Police Department and Public Works. We are doing some market surveys now. Brigham City pays two hours per shift of their regular pay, which would be about $40 for a fire fighter (about $80,000 annually). We could make a budget amendment for the remainder of the year and try it. Chief LaCroix said if they do get called out, they get paid their normal hourly rate. This would be more of a nuisance pay since they are committing to stay close by. This would guarantee people are available to respond and take the pressure off those who cannot. I think this is a great first step and would provide good data for the future. Manager Warnke said former Fire Chief Steve Batis started a project building dorms in the basement of the fire department with COVID funds. Those four dorms are nearing completion and would allow fire fighters to spend the night when on-call. There is also a common area. This would allow for even quicker response. The Council thanked Chief LaCroix for his time.

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

The Council discussed the public hearing for the water revenue bond. Director Fulgham said by the end of the week we will have the bid out for contractors. Mr. Alex Buxton said once we have the bond amount firmed up we will send out a request for bids. Those bidding on bonds have about two weeks to respond. We would have two weeks from the time we selected the winning bidder to close in March. It takes a couple weeks to draft on the bond document. Director Fulgham said it is a three schedule bid so smaller, local contractors can also bid on it. This creates an opportunity for locals do it at a better price. When asked about the interest rate, Mr. Buxton said they are holding up pretty good and will be around 1.75-2%. Manager Warnke reminded the Council there would be no action taken tonight. We will keep you posted the rest of the way, but it will not be an official item on the agenda since you have delegated this to a working group.

The Council then discussed when Rocky Mountain Power needs to relocate electrical facilities in connection with City road projects. Manager Warnke said under these agreements, Rocky Mountain Power can use the City’s public right-of-way to place their electric facilities. That is governed by a franchise agreement, which is about to expire. We are in the process of renegotiating that and putting it on an upcoming agenda. The most important issue within that agreement is working with them to relocate the facilities when there is a road project. They do not just move utilities for development, but there is a provision that would require them to move it when it is a City project. We want to work on that language and have discussed some of our foreseeable projects with them for when they would have to relocate. These projects are eligible to be moved free of charge. They responded and generally agree, but want formal documentation. The agreement would be for five to 10 years.

Manager Warnke said for the City’s project list submittal for the Box Elder County Local Transportation Corridor Preservation Fund they have added another segment. We had the BR Mountain Road extension going to the east, but thought it would be prudent to call out the extension going to the west. To have it be eligible, it has to be on this list.

For the annexation of real property (67.5 acres), Manager Warnke said in October the Council adopted the ordinance, but there was some lag between the adoption and actually having the documents in their final form. Some surveying errors on the survey plat needed to be addressed and that took time to be corrected. It then took several weeks for the County surveyor to approve it and went past the 60-day requirement for submittal to the Lt. Governors Officer. They asked us to readopt the ordinance so it is in compliance.

3. 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 6:54 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the February 2, 2021 City Council Meeting to order at 7:01 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, Rohde, Seamons, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Fire Chief Robert LaCroix, Community Services Director Marc Christensen, Public Works Director Paul Fulgham, and Police Chief Kurt Fertig.

1. Opening Ceremony:

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

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 2, 2021. Motion seconded by Councilmember Holmgren. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – January 19, 2021

Motion by Councilmember Vance to approve the minutes of January 19, 2021. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

Mayor Fridal called a Public Hearing to order at 7:05 p.m. to discuss the proposed bond. There were 13 people in attendance.

6. Public Hearing

a. PUBLIC HEARING REGARDING THE ISSUANCE AND SALE OF NOT MORE THAN $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE BONDS, SERIES 2021 AND ANY POTENTIAL ECONOMIC IMPACT THAT THE PROJECT TO BE FINANCED WITH THE PROCEEDS OF THAT PORTION OF THE BONDS ISSUED UNDER THE ACT MAY HAVE ON THE PRIVATE SECTOR AND RELATED MATTERS

There were no public comments. Mayor Fridal closed the Public Hearing at 7:06 p.m.

7. Public comments:

Resident Karen Stokes said in 1978 Dee Pace moved to Tremonton and got a job teaching drama at the high school. He passed away last year due to COVID and Boyd Rogers suggested starting a fund for the Dee Pace Foundation. We wondered if the City would approve for us to build the Dee Pace Theater. I think it would be a good thing for the community. The Council agreed this is a good idea, but said it would have to be a future agenda item for discussion.

Developer Skyler Chambers provided the Council with an update on the River’s Edge development. He said the annexation has been moved back because the Canal Company denied annexing. Since it is in an Ag Protection area, they cannot be forced to go in. This is a small piece, but they are not willing to sign. We are working with the County to form an island and get our annexation. Everyone has to be a part of the annexation agreement to avoid the island and everyone is on board, expect the Canal Company. They are concerned about the taxes going up. Manager Warnke showed the portion they are declining to sign for and said this will have no detrimental affect in interfering or creating deficiencies for providing service. In order for the City to zone land it cannot be an Ag Protected parcel so we will have to work through that issue.
Resident and owner of the Happy Bubble, Jereniss Alcantar, said I wanted to verify you have talked about the drive-thru situation. I wondered if I would be allowed to speak during that time. Manager Warnke said there would be a presentation providing the Council with updates on the issue as far as current ordinances and his opinion relative to a code amendment. This item was further discussed during the Manager’s Report.

8. Presentations Years of Service Awards

a. Lyle Holmgren, City Council – 15 Years
b. Lynn Green, Parks Superintendent – 20 Years

Mayor Fridal thanked them for their service.

9. New City Council Business

a. Discussion and consideration of approving the December Warrant Register

Motion by Councilmember Archibald to approve the December Warrant Register. Motion seconded by Councilmember Vance. Vote: 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 December Financial Statements

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

c. Discussion and consideration of adopting Resolution No. 21-04 requesting Rocky Mountain Power to relocate electrical facilities in connection with City road projects or access to City-owned property when the cost to relocate the electrical facilities would otherwise be the responsibility of the City or when the cost of the road project, frontage improvement, trail, pathway, or access is primarily being paid for by the City

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

d. Discussion and consideration of adopting Resolution No. 21-05 amending and approving Tremonton City’s project list submittal for the Box Elder County Local Transportation Corridor Preservation Fund

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

e. Discussion and consideration of adopting Ordinance No. 21-02 affirming the annexation of real property, to include 67.57 acres of property that comprises tax parcel numbers 05-200-0001 and 05-200-0004, and portions of tax parcel numbers 05-200-0013 and 05-200-0018 located south of 1200 South (Rocket Road), north of Interstate 15 between 100 East and 300 West and affirming the zoning of said real property

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

f. Discussion and consideration of adopting Ordinance No. 21-03 approving the rezoning of Parcels 05-200-0028 as Residential Multiple District, RM-16 and Parcels 05-200-0023 and 05-200-0024 as Public Facilities (PF) located at the intersection of Tremont Street and Rocket Road

Manager Warnke said, as part of this process, we adopted a pre-annexation agreement that anticipated the developer acquiring and dedicating land. We discussed changing the zoning of that parcel to be compatible with what was being annexed and rezoned to the south. This property was already in City limits so we had it retain its zoning until they could acquire the property and dedicate that parcel to extend the trail. We did not want to increase the appraisal price or grant more density to a parcel without necessarily getting the facilities we needed to provide services to that zoning. The zoning is RM-16, which is 16 dwelling units per acre (attached housing). We have started that review process and they will have to meet the dimensional requirements of the code. They have dedicated land for a park and trail to mitigate that density. The parcel to the west will be 8,000 square foot lots.

Motion by Councilmember Archibald to approve the ordinance. Motion seconded by Councilmember Rohde. 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: None.
b. Review of past assignment: None.

11. Reports & Comments:

a. City Manager Reports and Comments

1. Report on drive-thrus

Manager Warnke said it came to the attention of City staff that there was a drive-thru put in along an alleyway. We have discussed how those affect streets and the flow of traffic. Some of them were permitted ahead of this ordinance. When it came to my attention I went through the revised ordinances and this has been codified as long as I have been here (12 years). He explained they cannot prevent or impede traffic. This is a portion of the City’s revised ordinances, which is outside our development standards. It is in full force just not as accessible. During some of these past discussions, the City did not have any drive-thru standards within our development ordinances, zoning, and land use code so the Planning Commission worked on specific standards relative to drive-thrus and how they would be configured. As new development occurs these are the standards that apply. Our downtown was constructed during an era when automobiles were not part of daily life. Alleyways were to service these businesses and provide access not drive-thrus. By doing this you allow one business to have a greater affect and use of the alley potentially to the detriment of other businesses. How you make the decision of who gets a drive-thru and does not is relevant. For all those reasons I would never suggest we allow drive-thrus on an alley. This issue came to light because someone complained about restrictions through the alleyway. Administrator Steve Bench and Code Enforcement Officer Greg Horspool reached out to the property owner to inform them it was not allowed. Councilmember Rohde said to say one is out of compliance and not another, is not right. If they are out of compliance then the Ridley’s drive-thru is out of compliance, and any others. Even though they are grandfathered, we have to do one or the other. I have a hard time with this. If we are going to allow these other companies to do it, then let us just change the ordinance so everyone can do it. Manager Warnke said I can understand that perspective, but our land use ordinances recognize those people as a non-conforming use. Those rights are recognized. I would not recommend permitting more and I am not sure how you prioritize one property over another. If the Council wants to look into we can. If you want me to revise the ordinance I need direction, but I would not recommend it.

2. Proposed Certified Local Government Grant (historic preservation grant)

Manager Warnke said Tremonton adopted an ordinance consisted with what the State Office of Historic Preservation requests. That board looks at ways to preserve the City with its heritage and architecture. There is an opportunity to submit for a CLG grant, which is a non-competitive process. We are hoping to get about $10,000. Any property that is listed on the national register of historic places is eligible for rehabilitation. We are currently going through the process of creating a historic district that is listed on the national register. Any contributing building in that district would be eligible for this matching grant. I will present that to the preservation commission and have them make the final decision.

b. Development Review Committee Report and Comments

1. USDA Office Building, Site Plan
2. Rivers Edge, Master Plan Concept
3. Island Park, Concept Subdivision
4. Harvest Acres, Subdivision and Site Plan Concept
5. Tremont Place Phase 3, Final Plat
6. Jayson Adams, Subdivision Concept
7. Spring Hollow Phase 2, Final Plat Subdivision
8. Spring Acres Phase 7, Final Plat Subdivision

For Spring Acres Phase 7, a cul-de-sac is being proposed said Manager Warnke. There are about seven lots. They are working on a few items, but the plat should be recorded soon.

Manager Warnke said an individual is looking to purchase property next to the Visionary Homes projects and add single-family homes (10,000 square foot lots). It would interface with the Archibald property and Visionary Homes. The concept layout has some deficiencies. A collector road would continue to the east and west. It is a 60 foot road, but we believe we should upsize that to 66 feet to allow for two way traffic and on-street parking. There will also be a collector road running north to south.

The River’s Edge annexation was discussed during public comment. Manager Warnke said they have their first draft and we have provided some issues to them. Another draft is forth coming. There will be a 5.5-acre park and pedestrian crossing over the canal.

For the Island Park concept, Manager Warnke said this is zoned mixed use, which has no density cap. We plan to address that as part of our outcomes of the Land Use Plan. This would have single-family homes on smaller lots and twin homes. They want to do storage units to the north and we told them the zoning does not allow for that. We have discussed the road configurations. There is just one access in. We have discussed having two, which is a code requirement, but because of the unique shape of this lot, it is proving difficult. We are working with the engineer to make sure the sight distances are sufficient so the access can function and provide circulation. Whatever is there needs to function well and safe. Director Fulgham said they will have to come up with shares for secondary and this area would require a lift station.

Manager Warnke then told the Council about a USDA building that is being proposed. There are two lots here and the eastern one has been sold. The property sits in a hole so they are going to retain storm water on site. There is no outlet for them to gravity flow into it.

Manager Warnke said next is the Christensen’s project on the hillside. They are all single-family detached housing, but a portion of the subdivision is limited to those 55 and old. They will have some HOA amenities, including a clubhouse, pickleball court, and basketball court. This is a nice project.

For Tremonton Place Phase 3, Manager Warnke said this is being done by North Ridge development, which are the same developers as those for Aspen Ridge. There will be 14 lots.

Manager Warnke continued. Nothing has been platted for the most current iteration of River’s Edge because it has not been annexed, but we are refining conceptual plans. Nothing has been approved, but we have been working on it relative to different zoning requirements and utility planning. A collector road goes from this property all the way to the north. That is a good access with the density located on the collector road. It is slated for a traffic light when UDOT sees fit. At some point we would upsize that road and enlarge the intersection. This is a big development. The PID is a sophisticated development tool that will take time.

Manager Warnke also updated the Council on the sales tax. Year to date we are 21% ahead of where we were last year with the collection of sales tax, which amounts to $217,000 additionally. We attribute that to COVID and the fact that people are staying home to purchase things. Also in terms of building permits, you can see last year was our highest. When looking at the first month in 2021 we have exceeded anything we have done in the past. We had 12 townhomes permitted in January and 220 apartment units were issued, along with 10 single-family homes. You will start to see construction and this will help with the RDA tax increment.

c. City Department Head Reports and Comments: None.
d. Council Reports and Comments

Councilmember Archibald said the Utah State Advisory Board would do a pickleball tourney as a fundraiser on July 31 in Brigham City. I am helping with sponsors. I also attended the library meeting and was impressed with how the library is being utilized. Programs are currently being done online with 94 children participating in the reading challenge, 108 families participating in another challenge, 39 adults working on mindful activities, and 10 of them are in the library book club. For their December craft, 150 kids were in attendance. They are working on an oral history grant through USU and looking for individuals who have information to share on the Bear River Valley.

Councilmember Holmgren said the Arts Council has a five-year plan and plans to do a project each year. This year we may do a structure or monument at Midland Square to the south. Artist Doug Adams could put something together to recognize Gold Star Families. Other ideas have been discussed.

Councilmember Rohde said Ted Richards from West Liberty Foods had a meeting with the neighbors and I was impressed. He followed up on several items and when he was done they thanked him. West Liberty will install a chain link fence along the west boarder between the homes. They will do some things to slow down traffic and have more security. They will not allow flashing lights or music too loud. He also educated them on a code red and how they could get texts to warn them in an emergency. I was very impressed with the resolutions and am convinced he will move forward with ever single one of them.

Motion by Councilmember Holmgren to move into closed session. Motion seconded by Councilmember Archibald. 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 8:32 p.m.

12. CLOSED SESSIONS:

Motion by Councilmember Vance 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 8:56 p.m.

13. Adjournment.

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

The meeting adjourned at 8:56 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 2nd day of March, 2021.

Linsey Nessen, City Recorder

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