City Council Minutes 3-2-21

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
MARCH 2, 2021

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

CITY COUNCIL WORKSHOP

Mayor Pro-tem Holmgren called the March 2, 2021 City Council Workshop to order at 5:33 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Pro-tem Holmgren, Councilmembers Archibald, Rohde, Seamons, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Fire Chief Robert LaCroix (arrived at 5:37), Community Services Director Marc Christensen, Public Works Director Paul Fulgham (tuned in via Zoom and left at 5:46 p.m.), Police Chief Kurt Fertig, and Treasurer Sharri Oyler. Also in attendance was Dustin Ericson (arrived at 5:37 and left after the Work Session).

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

Director Fulgham discussed the bids for the expansion of secondary water to service areas 2, 4, and 5. We had six bidders. The engineer’s estimate for the project was $4,683,000. Rupp’s Trucking was the low bidder for all three projects at $3,783,000. The others ranged from $4,564,000 up to the high bid of $5,806,000. I have also listed other costs associated with this project. There will be a $50,000 fee for permits and inspections as we bore under the railroad tracks. We also have electrical and SCADA wiring for the pump station, which will be done between Rocky Mountain Power and our electrician ($150,000). Fencing for the pump station will be about $15,000. There are also legal costs for bonding ($50,000), as well as engineering and design costs of the project. We have spent about $75,000 and will have engineering construction management over the next year. When we start construction it will be around $20,000 to $25,000. There is also metering for a new secondary system, which will cost $300,000. The bond also figures in a 10% contingency, which is about $380,000. All of that is another million dollars and brings the total cost of the project to about $4.8 million, which is what we were anticipating.

When asked about timing, Director Fulgham said we have a 60-day window to award the bid. Manager Warnke will reach out to Alex Buxton and get the document sent so we can request proposals from bidders on the bond. That is a two to three week process. We could likely award it in our next meeting. If we award it in a month then construction will start the first of May. They will have until May of next year to get everything completed.

Motion by Councilmember Vance 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 5:47 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 systems

Motion by Councilmember Archibald to return to open session. Motion seconded by Councilmember Rohde. 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 6:51 p.m.

The meeting adjourned at 6:51 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Pro-tem Holmgren called the March 2, 2021 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 Pro-tem Holmgren, Councilmembers Archibald, 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, Police Chief Kurt Fertig, and Treasurer Sharri Oyler (left at 7:53 p.m.).

1. Opening Ceremony:

Mayor Pro-tem Holmgren 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 Carter Pearson and the Pledge of Allegiance was led by Eden Weatbrook from Tremonton 7th Ward.

2. Introduction of guests:

Mayor Pro-tem Holmgren welcomed those in attendance, including a group of young men from Tremonton 7th Ward.

3. Declaration of Conflict of Interest: None.

4. Approval of Agenda:

Motion by Councilmember Archibald to approve the agenda of March 2, 2021. Motion seconded by Councilmember Vance. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – February 2, 2021

Motion by Councilmember Vance to approve the minutes of February 2, 2021. Motion seconded by Councilmembers Seamons and Archibald. Vote: Councilmember Archibald – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

Mayor Pro-tem Holmgren called a Public Hearing to order at 7:04 p.m. to consider amending the annual budget. There were 12 people in attendance.

6. Public Hearing

a. To consider amending the Annual Budget entitled “The Tremonton City Annual Implementation Budget 2020-2021 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s)”, for the period commencing July 1, 2020, and ending June 30, 2021

There were no public comments. Mayor Pro-tem Holmgren closed the Public Hearing at 7:04 p.m.

7. Public comments: No public comments.

8. City Department Head Reports and Comments

a. Report on submitted bids for the construction of a Secondary Water Project- Paul Fulgham, Public Works Director, or Shawn Warnke, City Manager

This item was discussed during the Work Session, but Manager Warnke gave a quick recap. He said the City is doing secondary water projects and securing a contractor to construct that through a closed bid process. This helps the City secure the best price. Out of six bidders for three project schedules, it was announced that Rupp’s Trucking was the low bidder ($3.8 million). There are other costs associated with those projects that have been discussed. That will be awarded in an upcoming meeting and construction will start this summer.

9. City Council Business

a. Discussion and consideration of adopting Resolution No. 21-06 amending the budget entitled “The Tremonton City Annual Implementation Budget 2020- 2021 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s),” for the period commencing July 1, 2020, and ending June 30, 2021

Director Christensen said we are eight months into our 12-month fiscal year. We have reviewed the budget to see what we estimated and what has actually happened and discovered we need to amend a few line items. There have been a lot of increases due to building activities and building permits. We have increased a lot of revenues that way, as well as some expenditures. The Library has received a grant so the money they are spending will be reimbursed. Due to COVID, the court system has seen a decrease in revenue. With no warrants there are no teeth to get people to pay their fines. There are also kitchen improvements for the Senior Center, which will start next week. We budgeted $75,000, but it will be closer to $30,000. For the fire department there is the option to have three fire and EMS personnel on-call for day and night shifts. This would be for the completion of this fiscal year, which would then be added into next year’s budget. The Cares Act, which gave the City over $700,000, helped take care of the dorms in the fire department basement. That funding went into the General Fund and has been split into other areas. The fire department is working to become more efficient and has a new billing software program to help the City capture more money. There is an initial cost for the software with an annual fee ($6,200). The impact fees in the water utility fund are 418% above what we anticipated. There have been more engineering costs due to building, plus Service Area 5 for secondary water. The treatment plant had additional electrical and SCADA improvements for the nutrient removal project.

When asked about the Cares Act money and how that needs to be spent, Manager Warnke said we got $758,000, which was meant to mitigate the spread of COVID and be associated with response for COVID. We have highlighted the dorms and kitchen as related projects, which are one-time expenditures. It was also determined that any public safety salary could be used as an eligible expense. That money was put on the City’s balance sheet in the General Fund as a liability until we actually earned the revenue. Part of what this amendment does is recognizes the revenue we feel we have now earned.

Manager Warnke said the most significant change is the proposed ongoing cost for on-call pay for firefighters. The cost for one third of the year is $32,000, which equates to about $90,000 annually. We believe we are going to capture more revenue through billings and ambulance, which can make up the difference. This was a good step toward meeting the demands we have in providing ambulance service and fire. We will keep monitoring the situation and how revenues come in. Councilmember Vance said Chief LaCroix spent time explaining this to all of us and I am 100% behind incentivizing people to be on-call. How much will the software help increase as far as billing is concerned? Will it be an investment that will pay for itself? Chief LaCroix said it should. It ties into our new electric PCRs and will make Treasurer Oyler’s job easier so she is not inputting the same information. All of this will go hand in hand and the City will be able to capture more revenue. When asked about the dorms, Chief LaCroix said the bedrooms are all done we just need to finish the bathrooms. Once the on-call system is implemented, we can recruit firefighters from outside Tremonton, who could stay there.

Motion by Councilmember Archibald 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.

b. Discussion and consideration of adopting Resolution No. 21-07 approving amendments to the Tremonton City Personnel Policies and Procedures Manual including Section VII: Disciplinary Action and Section XII: Employment Terms regarding on-call pay

Manager Warnke said this is a broad policy for the entire City. Our previous policy did not have as much detail and only included Public Works employees. The other on-call increase in the budget was for an on-call detective, which we have never had. We are aware that we need to have someone ready to respond to crimes when they occur after hours. This on-call pay policy states there are positions within the City that are required to be on-call. When those individuals are assigned to that they would be in the ready position and receive a certain compensation since their time is not their own at that point. They will have some flexibility unless they are actually called to work. They would be required to stay in close proximity to respond quickly and are to have no substances that would inhibit their performance. If they fail to respond there could be disciplinary action, which is the other section we have amended. If an issue arose, they would be responsible for finding someone to trade and there is flexibility for emergencies.

Motion by Councilmember Rohde 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.

c. Discussion and consideration of adopting Resolution No. 21-08 approving the second amendment to the Tremonton City Compensation and Classification Plan for Fiscal Year 2021

Manager Warnke said Chief LaCroix recommended we include one other step in our compensation and classification plan for individuals who are receiving their certifications to have credentials to participate on the ambulance as a EMT Advanced/Firefighter Trainee.

As for on-call rates, our findings were for police officers and public works, but for the fire and EMTs there was not as much information on this specific classification. As we worked on this policy, it became apparent that there is a difference in what we are requiring for on-call fire and EMT personnel versus a police officer and public works. I have made a footnote showing those differences. The police and public works employees are full-time. Their livelihood is anchored to the City and for fire employees that is typically not the case. They are also required to respond quicker. We had conversations with the staffing committee and it was recommended they get $40, which puts them a little ahead of the two-hour compensations for someone at the maximum pay scale within the fire department. These employees are signing up voluntarily and have other constraints. They also do not get COLA and Merit. For all those reasons, we felt $40 was appropriate for a 12-hour shift (day and night coverage). We will continue to monitor this as time goes on.

Motion by Councilmember Archibald 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. 21-09 reaffirming, amending, and enacting new fees and fines in a schedule entitled Tremonton City Consolidated Fees and Fines Schedule including, but not limited to, amending building fees, garbage collection service fees, fire & EMS Fees, public infrastructure districts, and the justice court fines & fees

Manager Warnke discussed several different categories. Over the course of the past few months, we have talked about growth related issues, revenues, and how some of those services should be paid. We propose a building permit fee increase that would equate to a single-family, 1,500 square feet, of $408. An increase in the garbage collection fee is also being proposed. The City contracts with Econo Waste and will consider adjustments to the compensation we pay them. Tipping fees and charges that get passed onto them would then go into residents’ bills. There has been a 40-cent per resident increase so we propose an increase of 50 cents per resident, per can. A portion of that would be passed onto the contractor while the other would be retained by the City.

We also worked on the public infrastructure district (PID), which is on the agenda tonight. The Council can consider a policy and its cost. The developer will engage contractors to help facilitate the creation and evaluation of the district. We do have a municipal financial advisor (Alex Buxton) and special legal counsel (Gilmore & Bell). The developer, who is proposing this district, would enter into a letter of engagement with those entities. They are obligated to pay the cost. I have budgeted 20 hours of my time, which is the total value of what the City pays ($2,000).

The Court fines and fees are changes the Judge and City prosecutor have looked at. They proposed changing the severity of some violations of City Ordinances from misdemeanors to infractions as misdemeanors carry the possibility of jail time, which also gives a defendant the right to be appointed a public defender.

Chief LaCroix said it has been a while since we increased our fees for the fire department. I came up with this increase to our fees based off what the State pays for apparatus and personnel when they request it. That includes a fire engineer fee, a fee for personnel to standby with ambulance service, the EMS fee, and a non-transportation fee, which includes our supplies and personnel. I also added a new position of task force leader. We hope to start generating more revenue for the City. When we go out to Elwood or the County, we can provide incident command and charge applicable fees. When asked about the legislature and being able to charge surrounding cities for EMS service, Chief LaCroix said it is still ongoing. If it passes, cities would either contract with Tremonton or provide their own ambulance service. I will keep you in the loop on that process.

Motion by Councilmember Archibald to adopt the resolution. 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.

e. Discussion and consideration of adopting Resolution No. 21-10 approving a professional service agreement for bond counsel services between Tremonton City and Gilmore & Bell PC for water revenue bonds series 2021

Manager Warnke said this letter formalizes our arrangement with Gilmore & Bell. The engagement fees are roughly $20,000 and have been included in the overall cost for bonding. They have been great to work with and setup our first series of bonds.

Motion by Councilmember Vance to adopt the resolution. 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.

f. Discussion and consideration of adopting Resolution No. 21-11 approving a professional service agreement for special counsel services between Tremonton City & Gilmore & Bell PC for analyzing and exploring the creation of a Public Infrastructure District (PID)

Manager Warnke said this is a letter of engagement with the City and they are working for us. The developer is required to pay the fee ($20,000 to $25,000). They have signed the contract already. Since they receive the benefit of establishing the district, they bear those costs. Developer Skyler Chambers said we are paying for this to be setup with the City and for them to help setup the bond district. Once they are done representing you they will then represent the bond.

Motion by Councilmember Seamons 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.

g. Discussion and consideration of adopting Resolution No. 21-12 approving policies and procedures for considering and establishing Public Infrastructure Districts

Manager Warnke said this was a template policy that Gilmore & Bell created. I had a chance to review it and make proposals. The statutory process is that the applicant submits a petition where all property owners within that boundary are made aware. There is then the letter of intent, which allows the City to consider different things for creation of the PID. The City has no obligation and this letter gives general information on what is being proposed, how it fits into the overall development, what the specific infrastructure is, and a summary of the financing plan. Once those are done, a committee of staff members and consultants evaluate it and make a recommendation to the Council who then decides if you want to consider it further. If so, then the developer and City become more actively involved in the governing documents and their creation. There are more specific regulations and restrictions you could impose or you could allow more flexibility. The two critical issues in this section are first noticing property owners, which is always a challenge. Those who buy in this district are purchasing into a special infrastructure district that will have a higher tax rate so there are specific noticing requirements. The other thing is that the district would be constructing system improvements, which is infrastructure the City has contemplated for our impact fees. Part of that is figuring out what impact fee reimbursement the district should receive for making those improvements.

Motion by Councilmember Vance 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.

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. UTOPIA Update

Manager Warnke gave a summary for UTOPIA in 2020. They continue to have a great overall rating of 4.5 stars out of 5. A lot of construction occurred last year, including 1.4 million feet of cable and 1.7 million feet of conduit. About 20,000 new homes were able to connect with half of that being new subscribers. There were 42 HOAs completed. We had two new Internet service providers, 30 new footprints, and three new cities with two new cities joining the network. They continue to grow the revenue. We are going in the right direction and it is encouraging.

2. Best of State 2020 Winders Directory

Manager Warnke said I always enjoy when Tremonton makes the news in a positive way. The Recreation Department nominated the City for Best of State and we were the division winner for Arts and Entertainment, winning all 52 categories. They put out the Winders guide, which highlighted all those winners and includes a nice write up about Tremonton. We will apply again to see if we can continue to receive that recognition.

b. Development Review Committee Report and Comments

1. Update on development projects in process: None at this time.

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

Councilmember Rohde gave an update on the Arts Council, saying we are contemplating a statue at the cemetery to recognize gold star families, as well as a statue at the library. We will present that at a future meeting to get the City Council’s approval.

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

13. Adjournment.

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

The meeting adjourned at 8:16 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 16th day of March, 2021.

Linsey Nessen, City Recorder

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