City Council Minutes 3-21-23

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
MARCH 21, 2023

Members Present:
Connie Archibald
Wes Estep
Bret Rohde
Rick Seamons
Lyle Vance
Lyle Holmgren, Mayor
Shawn Warnke, City Manager
Marc Christensen, Assistant City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Holmgren called the March 21, 2023 City Council Workshop to order at 5:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Holmgren, Councilmembers Archibald, Estep, Rohde, Seamons, and Vance, City Manager Warnke, Assistant City Manager Christensen, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Police Chief Dustin Cordova, and Treasurer Sharri Oyler. Also in attendance was Finance Director Curtis Roberts.

The following items were discussed out of order with the Closed Session held first.

1. Presentation and discussion of the 2024 Fiscal Year Budget for governmental funds

Assistant City Manager Christensen said this is a continuation of our last discussion. One of the biggest concerns was the sales tax revenue. We projected that based off a trend line and put what we think is going to occur in the budget. Director Roberts said we came at this several different ways, including population, historical trends, and the government office projections. Assistant City Manager Christensen then referred them to a chart on their actual sales tax and what has been transferred for capital projects and UTOPIA debt. I averaged that over the past 11 years and we have transferred 80% of the sales tax revenue annually. We are showing transfers into the Capital Vehicles and Equipment funds. For the Transportation Capacity Fund there is a $7 million deficit because roads are so expensive. We want to build it up and start paying for road projects coming up in the next five years. Councilmember Vance said my main concern is we are coming up on Truth in Taxation and have to know if we need to ask for more real estate taxes or not. It would be nice to know what is essential and what is cream so we can understand how much we really need. Manager Warnke reminded the Council that property taxes do not keep up with inflation, but sales tax does, which is what is funding these capital projects. Taxes should be looked at every year and thought of in terms of inflation. Director Roberts said these are projections based on five years and the question becomes is this really the list the City wants to see. If it is, how much do you want to contribute this year toward that? The plan could be to fund this much this year and then see what the growth is. It is not practical to approximate growth to the revenues, but we can say this is what we are going to commit to in the next year and set that aside. Every year these projects could be shifted based on priority.

Assistant City Manager Christensen then reviewed each fund and the proposed projects with the Council. He said the Food Pantry has nothing proposed and pays for itself. Recreation is also taken care of. They do not have projects for the next five years. The Parks Fund has some costs for engineering and we have parks coming online. There is the canal rail trail along Rocky Mountain Power’s property. We made an agreement to develop that trail within x amount of years. A Facilities Impact Study was recommended by the parks and recreation director. We need to build a recreation center in the area, but need a study first. We have earmarked $35,000 for that. Director Roberts said in this current budget there is nothing being transferred into this fund. It has an income stream and will cover 2024. There is no ask of the General Fund.

Assistant City Manager Christensen said former Fire Chief Robert LaCroix had a five-year plan for the Fire and EMS funds. The biggest is replacing personal protective equipment every year. Director Roberts said the transfer ask for the Fire Fund is $358,000. That is funding the operational needs, as well as setting money aside for capital. With this plan we are going to come close to being able to fund those by 2027. We are on track for that if this is approved. Manager Warnke said this fund is a little dynamic and one we need to watch closely. Ambulance billing has fluctuations.

Assistant City Manager Christensen said there is also the detention pond on 350 North for a walkway for children from Matheson Apartments to Alice C. Harris Intermediate (ACHI). Manager Warnke said as we continue to grow, we will need to figure out our facilities and engage an architect. Once we have more information we can make good decisions on how to fund those. Assistant City Manager Christensen said we need new carpet in the Civic Center. There is also the chip seal project that has money set aside ($1.5 million). We have not resurfaced the tennis court in six years and it should be done every five years. We would repaint them with pickleball lines and could bring in portable nets. There is also material storage space for sand, rock, gravel and things for the Parks Department by their building. Senior Center personnel have suggested changing the flooring in their main room that is rented out. They are cleaning constantly due to spills. They would get better flooring there and new carpet in other areas. The fence on the east side has been pushed due to snow removal. We would add a concrete strip and new fence along that side. There is also a rear entrance proposed ($5,000) since most of the parking is in the rear. There would be a cutout with a man door. The landscape will happen this year. We will continue to put aside money for the expansion of the cemetery.

Councilmember Archibald said our department heads suggested this to us so we need to think hard about it. It is valuable for us to show our support. We appreciate them so much and I think this is awesome they have thought it through. Director Roberts said we have some moving targets. We are asking for $400,000 for this fund to make sure we have money. Our recommendation is to keep it funded so we have enough money to respond to road projects or anything that comes up. This is a critical discussion for the Council to have on what you want to fund. Assistant City Manager Christensen said we need more police department vehicles in 2024. That would be four vehicles and they would have to be equipped. Chief Cordova said those are to staff the additional officers that are inside the budget. Assistant City Manager Christensen said there is also a one-ton dump truck and one six-wheel dump truck needed.

Assistant City Manager Christensen said for the Transportation Capacity Fund in 2024 we need to acquire the rights-of-way on 1000 North. We are ready to go to bid in January of 2024 with construction in July of 2024 so we can get to work on 1000 North and a couple of these other roads. We will continue to apply for grants and other sources of revenue.

2. Review of the agenda items identified on 7:00 p.m. City Council Agenda

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

The Council moved into a closed session at 5:01 p.m.

3. CLOSED SESSIONS:

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

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

The Council returned to open session at 5:59 p.m. Item 1. was discussed at this time.

The meeting adjourned at 7:01 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Holmgren called the March 21, 2023 City Council Meeting to order at 7:06 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 Holmgren, Councilmembers Archibald, Estep, Rohde, Seamons, and Vance, City Manager Warnke, Assistant City Manager Christensen, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Police Chief Dustin Cordova, and Treasurer Sharri Oyler (left at 7:48 p.m.). Also in attendance was Finance Director Curtis Roberts.

1. Opening Ceremony:

Mayor Holmgren 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 Assistant City Manager Christensen and the Pledge of Allegiance was led by Recorder Nessen.

2. Introduction of guests: Mayor Holmgren welcomed those in attendance.

3. Declaration of Conflict of Interest: None.

4. Approval of Agenda:

Motion by Councilmember Estep to approve the agenda of March 21, 2023. Motion seconded by Councilmember Archibald. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – March 7, 2023

Motion by Councilmember Vance to approve the minutes of March 7, 2023. Motion seconded by Councilmember Rohde. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

6. Presentation

a. Report from the Youth City Council – Mayor Reed Bourgeous and City Manager Emmeline Rees

Reed Bourgeous said we are grateful to talk today and to discuss what we have been up to. Our time as a Youth City Council is coming to a close. We start in the spring and will recruit new people. We currently have 34 members that all attend Bear River High School. We have put in 490 hours of service with a one person high of 34 hours. Emmeline Rees said this year we helped with many events including the Daddy Daughter Dance, the 24th of July celebration and the Christmas season. We helped at the Holiday Extravaganza and added lights on Main Street. I loved doing that, it brightened up my night. Reed Bourgeous said we also planned some of our own events. Some were for fun and others were service oriented. One I was really proud of was when we reached out to a local business and asked them to fund us making and putting together hygiene kits. We were able to assemble 20 kits and donated those through an organization in Salt Lake City. Emmeline Rees said a couple weeks ago we went to USU for a leadership conference. It was incredible to learn what it means to be a good leader and help those in our community. We learned good problem solving and how to help people. I loved being with other people from cities around Utah. Reed Bourgeous said we got to give a presentation in front of everybody and brag about our little town. In conclusion, we want to say thank you for this opportunity. We have all got to serve and benefit our community, but a lot of that benefit has been for us. We have gained leadership and life skills, and are excited for what lies ahead. We are thankful for this opportunity. The Council thanked them for their time and their advisors who have helped.

7. Public comments: There were no public comments.

8. New Council Business:

a. Discussion and consideration of approving the February Financial Statements

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

b. Discussion and consideration of approving the February Warrant Register

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

c. Discussion and consideration of approving Resolution No. 23-17 approving a land acquisition agreement between Tremonton City and DC Aston & Company, LLC for Tremonton City’s acquisition of 4.309 acres of real property for the intended use of constructing a secondary water equalization basin

Manager Warnke said this was on the last agenda, but we held off on approval so we could include the water right in the agreement (1.45-acre feet). That has been included as one of the assets the City received in that transaction. Both parties have reviewed it and everything is in order.

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

d. Discussion and consideration of adopting Resolution No. 23-18 approving Section XXI: Financial Policies of the Tremonton Personnel Policies and Procedures Manual

Manager Warnke said this is a whole new section attributed to existing policies that we had approved, but not codified in a document. There are also some recommended policies from the State Auditors’ Officer that we included.

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

e. Discussion and consideration of adopting Resolution No. 23-19 awarding the 2023 Street Maintenance Project to Staker Parsons

Director Fulgham said we went out to bid. We do have some money set aside from fees-in-lieu that has been on our books for chip seals ($165,000). Our engineer’s estimate was $1,550,640. We bid out for two schedules, but when I looked at the price difference (about $200,000) I was happy with what we have done in the past. In order to conserve money for other projects I would recommend we go with schedule A. The high bidder was CKC from Vernal at $1,845,080. The next was Intermountain Slurry at $1,422,840, Advance Paving at $1,278,000, and Consolidated Paving at $1,214,100. The low bidder was Staker Parsons who has done the majority of the work for the City over the past 25 years. Their bid was $1,099,080, which is the bid I suggest we go with.

Director Fulgham said I know we are having issues with 1000 West and there is an option for the north end. If you are interested, I will have our engineer look at it and get an estimate. We would take that road and grind down two inches to get through that layer that keeps flaking off. We could get some good prices with the contractors that will already be working here. The south end needs a whole bunch of work, but that will be a multimillion-dollar project. If you are interested, we would put a package together. Councilmember Vance said let us look at it.

Motion by Councilmember Archibald to adopt the resolution and award the bid to Staker Parsons. Motion seconded by Councilmember Seamons. Roll Call Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of adopting Resolution No. 23-20 reaffirming, amending, and enacting new fees and fines in a schedule entitled Tremonton City Consolidated Fees and Fines schedule for fees including, but not limited to, building fees and subdivision street sign fees

Manager Warnke said with bringing on a contractor to do work we thought it would be a good idea to review the fee schedule. We have a table of what building evaluations were as a common practice. Instead of including that we are just referencing the International Code Councils Building Evaluation, which is updated on a regular basis and tied to the cost of construction. We felt this was easier to leave everything we have and show it as new. The other thing we looked at was subdivision street signs. We take a fee-in-lieu with the development and the City installs those. Director Fulgham brought us up to what the current costs are there. We also looked at the fee-in-lieu for storm drain, chip seal, sidewalks, and curb and gutter, which are the common infrastructure we take as a fee-in-lieu. The City engineer will look at those things, which are subject to change. We will see an increase in revenue, but there are some boundaries we have to stay in. We are also working on purchasing software to facilitate the plan reviews, inspections and payments. This will help with all the development applications.

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

g. Discussion and consideration of adopting Resolution No. 23-21 approving a Professional Services Agreement with B2 Land Services, LLC as the lead acquisition agent for the 1000 North Widening Project from 2300 West to 2650 West

Manager Warnke said at the last Council meeting you selected this person to be the lead. There are easements the City needs to obtain with this expansion. This shows the interfaces with these adjoining properties and their driveways and how they will tie into the expanded right-of-way. This individual will communicate with the 12 property owners that this road affects. She will coordinate and negotiate the easements that are needed for us to construct. This construction season we will acquire the rights-of-way that will put us in a position to go out to bid. It would be ready for construction the summer of 2024.

Manager Warnke said I would like to enter into another contract with this person to do the acquisition for the expanded right-of-way at the intersection of 1000 North and 1000 West. We are trying to position ourselves to have that secured and will submit for CMAC funding. I have been working with BRAG to get funds, too. We need 1000 square feet on each approach for the right turn lanes so all the movements will be separated. This will help with congestion as the City grows. We have to follow the federal process for the acquisition so it would be helpful to have her expertise. Councilmember Vance clarified that there are four owners so the cost would be $8,000. That is a lot of money for a sliver of land and the amount of work that happens there. Manager Warnke said we can do this in-house, but there are a lot of small projects that add up. We are going after more grant funds, which requires a lot of work. There are other things we can do in-house. She knows the federal process for procurement better than I would. We will be using federal dollars for construction so there is value added there. This is just a recommendation separate from the resolution that I am looking for direction on.

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

h. Discussion and consideration of adopting Resolution No. 23-22 appointing Raulon Van Tassell to serve on the Tremonton City Planning Commission and reaffirming and appointing existing Planning Commission members

Mayor Holmgren said Commission Member Paul Fowler sent me a message asking to resign from the Planning Commission since he is moving. We have talked to Raulon Van Tassell and feel he has a lot to offer our Planning Commission. Councilmember Archibald read through the City’s mission and vision, which she said speaks positivity. Working on the Planning Commission I was thinking about a community member who would be able to display this and be someone who would add to our Planning Commission. I reached out to Raulon Van Tassell who is someone I felt would do a good job at bringing that to our community—that safe and welcoming type of environment. She then read through his bio. The Council made a motion and thanked him for his willingness to serve.

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

9. Calendar Items and Previous Assignment

a. Review of calendar

The Utah League of Cities and Towns Mid-Year Conference is approaching

b. Unfinished Business/Action Items: None.
c. Branding Implementation update

Assistant City Manager Christensen said the biggest thing is the addition of the sign in here. Councilmember Estep said the flags came in, too. They are going on Main Street. We have an American flag and a City flag that will attach to the light poles. They are 3×5 so they will stand out a bit more than previous ones.

10. Reports & Comments:

a. City Administration Reports and Comments: None.
b. Development Review Committee Report and Comments: None.
c. City Department Head Reports and Comments

Director Fulgham said neighborhoods that butted against any field had issues with flooding because water came off in a hurry. There are 240 acres behind Buttars Tractors and there was a foot of water that came south. That is about 78 million gallons of water. We had this same type of event six years ago and that took us a week to deal with. For this one, because of the new system down Main Street, it was gone in 24 hours. You cannot plan for that much water. It is not a storm event it is a seasonal build up. There is not much we can do for that. We do the best we can, but I think the City Council was wise in putting that 36-inch line there. We provided more than 2,000 sand bags, plus five loads of sand. We have done things to help people prepare. Mayor Holmgren said I have to tell Director Fulgham and his crew what a great job they did. I heard tons of compliments. We really appreciate all your efforts. Director Fulgham said we appreciate your support. There are still a couple issues with the Tremonton Garland Drainage District, but they have been working on it. We have helped them remove tree roots from years of neglect. We have to stay on top of that so they do not get in the sewer.
Chief Cordova said Brigham City recently notified us that they do not want to be in an agreement with SWAT with both us and the County. That poses many challenges, but we are working through it. I am getting bids from other cities. The issue we will run into is the response time. The national standard is 45 minutes to an hour, but here it could be up to an hour and a half. We will have to create an emergency response team and could do that in-house. This came out of the blue and we did not have a written agreement. We had called them for an incident and they did not come out anyway so this allows us to put something in place where we are guaranteed a response. We will work something out that makes sense for our City and our capabilities. I will keep you posted when we have the solution. Councilmember Archibald is helping me apply for a grant. Other than that, it is business as usual.

Social Media Manager Sara Mohrman said the Farmer’s Market is coming up in six weeks. We had a good meeting with the Chamber of Commerce and local individuals to discuss how we can do more for our businesses here. We have a good plan going forward.

Mayor Holmgren said we appreciate what everyone is doing. You all are making a significant contribution to the City. We appreciate you so much.

d. Council Reports and Comments

Councilmember Estep said thank you to everyone for all they are doing, you sure make us look good.

Councilmember Vance said Assistant City Manager Christensen and Manager Warnke, the numbers you are putting together really helps us to know what is going on so thank you.

Councilmember Rohde said I just want to thank Assistant City Manager Christensen and Director Roberts. Thank you for entertaining us with what we need. I wondered if we could put some language in our public comment that restricts it to only citizens of Tremonton. When it is an annexation or people from other communities are affected, they can talk, but when it is just Tremonton, I would like to keep it to just those citizens. They agreed to look into that.

Councilmember Seamons said thank you to the Public Works for helping with the flooding. Thank you for all you are doing.

11. CLOSED SESSIONS: No Closed Session held at this time.

12. Adjournment.

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

The meeting adjourned at 8:08 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 4th day of April, 2023.

Linsey Nessen, City Recorder

Follow-up items for the Council and City Staff

Director Fulgham would have the City Engineer put together a bid for work to be done on the north end of 1000 West.

Chief Cordova is looking into options for SWAT. They will do some in-house options, as well as look at contracts with outside help.

Staff will look into wording and the legality of having only Tremonton residents talk during public comment when dealing with issues that only involve those residents.

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