City Council Minutes 2-5-19

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

FEBRUARY 5, 2019

Members Present:
Diana Doutre
Lyle Holmgren
Jeff Reese
Bret Rohde
Lyle Vance
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the February 5, 2019 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Head was also present: Police Chief Kurt Fertig.

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

The Council discussed a Memorandum of Understanding between Tremonton City and RCCR Holdings, LLC associated with the vacation of the public street 650 West and accepting real property. Manager Warnke said this formalizes the understanding we have with Crump Reese Motor Company relative to the vacation and dedication of the new right-of-way. There will be a latter revision where we formalize it with the exchange of titles and dedication of actual property when we have a better understanding of the engineering cost. Our engineer is working with their engineer relative to designs and setbacks.

Manager Warnke said Section 1 talks about swapping land and Section 2 talks about construction. The City is responsible for construction of the new road at 600 West, the turn pocket on Main Street, and improvements along 100 South. Crump Reese would be responsible for the deconstruction of 650 West and their frontage. This is an opportunity to look at storm drain issues that were raised during previous public comment. Crump Reese will leave the road open as long as possible, but I am not sure how construction will go. That subdivision may have only one access for a short period of time. We do need to move fairly quickly because UDOT is planning on rotomilling and overlaying Main Street, which will occur in July. They will not allow any cuts on the new pavement for two years. If we need utilities at 600 West, those need to be installed before then. Councilmember Doutre asked how far UDOT is going. Manager Warnke said there are two contracts—one does the bridge, while another comes from there to the Crossroads with an overlay. They are talking about restriping too and doing a center turn lane from Maverik to the overpass on I-15. Councilmember Reese asked how that would affect what we are doing at that intersection. Manager Warnke said we told them about that and they are supposed to be working on it—it is a UDOT controlled project. Councilmember Doutre asked about other utilities under the freeway. Manager Warnke said we will do the waterline and fiber conduit, but the sewer is already there. We will be able to tie into that Main Street road with new pavement, they just do not want us going into the center of the road and cutting it. They will let us go under. Councilmember Holmgren asked about the utilities needed in the intersection of a collector road to the east. Manager Warnke said Director Fulgham told me that both utilities are at the edge of asphalt on the north and south sides of the road. I passed that onto Craig Adams, but have not heard back. They can bore under if they need to.

Manager Warnke said you might recall we entered into an agreement with Crump Reese to sell property, five acres on 2000 West, at a reduced rate as an incentive to stay within the City. Part of that envisions them locating on 2000 West, but mentioned they might not. It was written into the agreement that it did not matter where they located within the City. This was incentive to bargain and exchange property to get the best location they wanted. Now they are improving in place. This is included in the MOU and that we accept their proposed location and improvements as meeting the requirements for that agreement.

The Council then discussed a resolution requesting UDOT to install weight-restricted signs for 1000 North placed on I-84. Manager Warnke said they are large signs built for wind loads and breakaway, which should last about 15 years. If there is an accident and they cannot find the responsible party then the City would be responsible for install or fixing it. Councilmember Rohde said we brought this up when Stokes Trucking came to Planning Commission and there was no heartache over it. Councilmember Holmgren asked if we are going to allow local through traffic to utilize that road. Manager Warnke said there were exceptions written in for limited reasons and uses. This was meant to discourage truck traffic from using that road because of the structure. We did the best job we could to strike a compromise with utility of the road and preserving the shape of it based on how the road was constructed. Councilmember Reese said that road does need to be moved up on the list—it is looking pretty bad. The Council all agreed.

Manager Warnke said in this same area of 1000 North, there is property owned by an individual and right now the zoning is Commercial General. Allowed uses within that zone include trucking, gas stations, and service areas. This opens that access up for a travel plaza or trucking facility. I do not know if that makes a lot of sense since we will be putting a sign to restrict truck traffic off the interstate. Councilmember Doutre said it is kind of a confusing sign. Manager Warnke said we have not got into the sign copy itself, mostly it is prescribed by UDOT and their manuals. Mayor Fridal confirmed there would be two signs—one from the south and one from the north. Manager Warnke said I feel we need to address the zoning of that property so it is a consistent message. If a truck stop did develop, there would be a tendency for people to use that road for a purpose that is not what the Council wants at this time. Councilmember Holmgren asked, looking down the road, what our intentions are with that road. Are we going to improve it to where trucks can access and use it? Manager Warnke said the State Code allows you to put weight restrictions when an engineer analysis says the road would be damaged by certain vehicles over a certain weight. I anticipate as the road continues to be built that the allowance we have for a restriction would change when improvements are made in the future. That would be determined by the Council and funding. Councilmember Doutre said we do not have the funds to fix the road and keep letting trucks go on it. There are a lot of people using it. We cannot keep letting the trucks destroy it. We have to maintain what we have until we can fix it. Manager Warnke said he will prepare a temporary land use ordinance for the next City Council meeting that addresses the zoning if we are inclined to move forward. It would then go through the process of the Planning Commission for their review and recommendation and then ultimately it is the Council’s decision.

The Council also talked about an ordinance in reference to the Holmgren Nature Preserve & Trail. Councilmember Reese said he went through them and thinks it is a good idea, especially the dusk to dawn rule. One thing we might have to watch is that people are sleeping under the bridge now and this could be another place to hang out. Chief Fertig said any park gets uses like that, especially when there are bathrooms. Those will need to be locked at night and we will keep an eye on it. If there is no resistance, they will use those areas. Mayor Fridal asked when the trail is going to be useable. Councilmember Holmgren said it is done. They also brought up fencing, which Councilmember Holmgren said has not been decided yet, but will be needed to keep the animals and people separated. Manager Warnke said there is a small portion far north for continuing access that needs to be completed, but for all intents and purposes, the trail is done. Councilmember Holmgren said they would need to gate off some areas so they are not used for four-wheelers. Manager Warnke clarified that the Police Department should be allowed to use motorized vehicles for public safety from time to time.

Motion by Councilmember Holmgren to move into closed session. Motion seconded by Councilmember Vance. Roll Call 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 6:30 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 Rohde to return to open session. 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.

The Council returned to open session at 6:54 p.m.

The meeting adjourned at 6:54 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the February 5, 2019 City Council Meeting to order at 7:02 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: 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 Reese 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

Councilmember Reese declared a conflict of interest on item 7. c., while Councilmember Holmgren declared one for item 7. e.

4. Approval of Agenda:

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

5. Approval of minutes – January 29, 2019

Motion by Councilmember Reese to approve the minutes of January 29, 2019. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

6. Public comments: Comments limited to three minutes.

There were no public comments.

7. New Council Business:

a. Discussion and consideration of approving the December Financial Statements

Motion by Councilmember Holmgren to approve the December Financial Statements. Motion seconded by Councilmember Doutre. 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 December Warrant Register

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

c. Discussion and consideration of adopting Resolution No. 19-04 approving a Memorandum of Understanding between Tremonton City and RCCR Holdings, LLC associated with the vacation of 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

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

d. Discussion and consideration of adopting Resolution No. 19-05 requesting that UDOT install weight restricted signs for 1000 North to be placed on Interstate 84, around Exit 39 and acknowledging Tremonton City’s financial responsibility for the installation and maintenance of these signs

Councilmember Holmgren asked about local through traffic. Manager Warnke said in the ordinance there are exceptions for those who live or work there and need to access the road. Agricultural implements were also mentioned.

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

e. Discussion and consideration of adopting Ordinance No.19-01 amending Title 8 City property, Chapter 8-900 Tremonton Conservation Easement and Public Access Easement of the Revised Ordinances of Tremonton City Corporation by adding additional regulations for the Holmgren Nature Preserve & Trail

Mayor Fridal asked about a ribbon cutting. Manager Warnke said there is punch list that should occur early spring. Councilmember Rohde said we need to make sure there is an Intermountain Healthcare sign. Manager Warnke said we will—we have a lot of donors we want to recognize, but we wanted to wait until the end so we have a full list. We also need to add that public safety vehicles are allowed and take out the mechanical bull section.

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

8. Calendar Items and Previous Assignment

a. Review of calendar

The Utah League of Cities and Towns will be held in April.

b. Review of past assignment: none

9. Reports and Comments

a. City Manager Reports and Comments

1. Development Review Committee

Manager Warnke said the Development Review Committee has a meeting tomorrow with two items on the agenda. There are lots by the newest stake center on 1000 West and they are developing four lots at a time.

2. Economic Development Plan

Manager Warnke said the Planning Commission is reviewing the Economic Development Plan and will be holding a public hearing. It will then come to the Council shortly after when the Planning Commission is done with their review and comments.

b. City Department Head Reports and Comments

Chief Fertig said Garland City will vote on the police departments joining forces in their next meeting, which he will attend.

c. Council Reports and Comments

Councilmember Rohde said I went to the Daddy Daughter Dance and it was awesome. Director Marc Christensen and Coordinator Zach LeFevre do a great job.

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

11. Adjournment.

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

The meeting adjourned at 7:18 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 day 19th of February, 2019.

Linsey Nessen, City Recorder

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