City Council Minutes 8-29-23

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
AUGUST 29, 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 August 29, 2023 City Council Workshop to order at 6:05 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: Interim Fire Chief Chris Scothern (arrived at 6:25 p.m.), Public Works Director Paul Fulgham, Police Chief Dustin Cordova (arrived at 6:38 p.m.), Treasurer Sharri Oyler, and Downtown Manager Sara Mohrman (arrived at 6:11 p.m.). Also in attendance was Finance Director Curtis Roberts.

1. Discussion of amending the Rivers Edge Overlay Zone (REOZ) and the Rivers Edge Pre-Annexation and Master Development Agreement to accommodate the recordation of a Rivers Edge – Phase 1A, which would develop 14 building lots and complete the missing three hundred (300) feet of 775 East from approximately 193 North to 287 North

Manager Warnke said concern has been expressed by residents in the Holmgren East subdivision relative to completing 775 East. At certain levels of development, we seek accesses so a subdivision has multiple ways in and out. This 775 East is missing a section of road and it creates a gap. What is being proposed is that we amend the master development agreement to allow them to develop 14 acres. This is an allowance to develop 14 lots and would complete that missing section of road. The master development is front loaded with a lot of improvements that they need to do. Their biggest requirement is to install the pump station concurrently with the first phase. With that pump station they need to construct all the piping, which is offsite. We have moved forward with our secondary and done quite a few phases since we first conceived this project. Our water situation is looking better. We have another phase that will be constructed next spring. This subdivision will have storm water mediated through 775 East out to the Holmgren Nature Trailhead. This makes sense, it will function fine without some of those offsite improvements. The only thing it would lack is secondary water. They would install all piping for secondary and in the next phase would be required to install all the improvements. In order for them to record the subdivision and sell lots, we have to amend the master development agreement. This development was done through an agreement by zoning. In order for those agreements to be valid we have to go through the rezone process. It was very clear in the master development agreement and pre-annexation agreement, that some of those obligations would occur with the first phase. They want to hit this construction season if possible and would need to move ahead of getting the rezone formalized. They could construct and not violate the master development agreement. They are seeking to record a plat that would dedicate the road and allow them to sell 14 lots. This really just changes the phases. The Council agreed it would be beneficial to have that road completed. Manager Warnke said because it is a rezone, we will have to go through the public process to notice and have a public hearing at Planning Commission. It will then come to the Council for final approval.

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

Finance Director Roberts said we have been working on this for five to six months and having this discussion. The obvious concern is inflation takes its toll. Throughout the years the city has found various ways to deal with inflation and keeping people fairly compensated, as well as having enough public safety. How are we going to make sure for the size of City we have that we are truly investing in what the citizens deserve. The Council has been very prudent since 1997 with how we have used property taxes. We have just hit a point where something has to give. As a city we have balanced all capital projects for the next few years. We have presented this concept of setting aside sales tax as it has been dedicated in State law (80%). That is being committed toward capital projects that are going to be needed in the next few years. We have also balanced the needs of the police department. Our fire department has transitioned from volunteer to full-time. Planning is also a function of public safety and could help the city in the future to identify at what point will growth hit a spot where additional officers will be needed through projections models. We are asking the Council to adopt this higher tax rate to set the city up for more success.

Councilmember Rohde asked how much does commercial, industrial and retail help a city with these kinds of expenses. Finance Director Roberts said we have provided a tax graph for a number of years for Post and West Liberty Foods, who were both inside the RDA. Those were paying back for infrastructure and when they were released that property tax jumped with that new growth. They do make up a significant component of the City’s overall property tax. Councilmember Rohde said I think we planned well. By bringing in those industries, we did not need to raise taxes. We brought in these industries through good planning and that helped us. I think those are solutions being overlooked. We have done nothing since I have been in to get industry in town. Mayor Holmgren said I agree, this is an important part of the pie to be able to attract the right kind of industry. We took a step back when we were trying to develop our infrastructure—water particularly. Councilmember Rohde said yes, we need to be looking at the right kind of industry to offset that property tax and give homeowners some relief. Councilmember Vance said this is more complicated than saying we need to bring in more business. People would come here if they were going to make more money. Economics drive everything. I have been involved with enough conversations to know there are many companies interested in our area because we are right on the hub of I-84 and I-15. This is a great spot, but we have no employees so they go to Tooele. Our unemployment is only 2%, there are no employees to hire. It is always economically and population driven. It would be great to get more industry here, the right ones who do not use water. Mayor Holmgren said we do export a lot of people in terms of jobs. They are going elsewhere. We need to bring in industry and attract people to stay home.

The Council then reviewed the cost for the officers and their equipment, as well as the planner. Councilmember Vance said we have been working on this budget and tracking these numbers since March. In April there was an amount transfer balance that needed to be appropriated, which looked like a slush fund. That defined what the excess in the budget is. That $907,000 was transferred to capital projects, which we have never done before on the budget, which should have been done a long time ago. I thought there was excess, but there is not. Councilmember Archibald said I feel we have been well informed as a Council and it has to do with who is in front of us, thank you. Over the past two weeks I have had some troubled citizens come to me with lots of information that I have taken into consideration. With those questions have come answers and it solidified my feelings about the direction we should go. It is time to quit kicking the can down the road. I cannot say thank you enough. This is right. I know we have amazing people who work for Tremonton and help us. Most of us live here so it matters, this is our home. Councilmember Estep said thank you for the time you put into it and putting it into laymen terms. Mayor Holmgren said we have been involved in this since February. A lot of time and effort has been spent to get us to this point. There is going to be a cost to residents and businesses, but the benefit outweighs the cost in this case. It is hard to put a dollar value on public safety and making sure our officers are not patrolling by themselves. This will benefit the rest of the community with public safety and planning for the future.

The Council then discussed their contract for solid waste. Manager Warnke said on August 6 we approved, in concept, some of the terms we were going to use to structure this agreement. They have been great to work with. There is an annual increase of 4% for cost of living on operational costs. There can also be an increase if the tipping fees associated with the landfill change. These are defined and known parameters in which increases would be authorized through an administrative process. We have empowered the treasurer, mayor and manager to implement those. We also appreciate them working through this to bring anyone within City limits, even those who had a can under contract. Currently multi-family is independent of our contract. This puts us in a good position to add them as that section of the city continues to grow. There is a cost associated with purchasing those cans. We will buy those and increase our count by 400. Going forward, we will exact garbage cans when we approve building permits. We will watch the recycling program closely and define what increases might occur with providing that service. Years ago, a recycling place in Deweyville shut down and made recycling more expensive. Now, all cans will have the same pricing for service. People may drop their recycling, but some were doing that as the cheapest options and not really recycling, which undermines or contaminates those loads. Councilmember Rohde said we have negotiated a price change with them three times this year. I am frustrated with that to be honest. Manager Warnke said we checked the market and felt this was competitive. Over time they just did not keep up with increases. Councilmember Vance said so Citizens will see a $14.95 charge per month for one can. That used to be $13.45 so it went up about a buck. Assistant City Manager Christensen said yes and the second can increased, too. Everything is being charged the same, garbage and recycling. This is a contract for 10 years.

Manager Warnke said we have been working on the Integrated Land Use Plan for some time. The Planning Commission has done a great job. The plan has been completed for a long time, but we wanted to proof the plan by updating our traffic model. This plan is more specific and allowed us to input the land uses and range of density to see the impact on our transportation network based on what is being proposed. It showed that a road on the west side of I-84, a future expansion area called Commerce Way, needs to be five lanes based on the proposed land uses. The other area of concern was the historic portion of Main Street. That goes from five lanes down to three and creates problems. The model determined it is not a land use issue, but a transposition issue and that we need to reevaluate and try to find longer term solutions to reroute traffic through that corridor. In the northwest quadrant of the City off I-84 there is development being proposed. This is something the Planning Commission reviewed and made a recommendation on. The developers wanted to do a truck stop, but there are existing residents so we looked to see how those two land uses co-exist. What I am recommending is to bring the multi-family down below the elevation and then commercial develop around those homes. That has a lower impact. There are standards we would apply to mitigate the impacts.

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 6:56 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Holmgren called the August 29, 2023 City Council Meeting to order at 7:04 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: Interim Fire Chief Chris Scothern, Public Works Director Paul Fulgham, Police Chief Dustin Cordova, Treasurer Sharri Oyler, and Downtown Manager Sara Mohrman. 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 Councilmember Rohde and the Pledge of Allegiance was led by Councilmember Vance.

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

3. Declaration of Conflict of Interest: None

4. Approval of Agenda:

Motion by Councilmember Archibald to approve the agenda of August 29, 2023. Motion seconded by Councilmember Seamons. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – August 1, 2023 and August 15, 2023

Motion by Councilmember Vance to approve the minutes stated above. Motion seconded by Councilmember Estep. Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – aye, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved.

6. Years of Service Award

a. Sharri Oyler, City Treasurer – 30 years
b. Shane Price, Recreation Supervisor – 5 years
c. Blaine Williams, Main Street Maintenance – 10 years

They were all thanked for their years of service. Manager Warnke read a bio on Treasurer Oyler. Assistant City Manager Christensen read the bio on Mr. Price and Mayor Holmgren read the bio on Mr. Williams.

7. Appointment & Oath of Office:

a. Discussion and consideration of adopting Resolution No. 23-49 appointing Brady Hansen to serve as Tremonton City Fire Chief

Mayor Holmgren said thank you, we appreciate getting to know you over the last while and your dedicated service. You will be a great addition for our fire department and City. Manager Warnke said good things come to those who wait. Mr. Hansen has an outstanding track record and lots of knowledge in fire and EMS. He also has a great demeanor and will be a terrific addition to the department. We are looking forward to putting his good skills and expertise to work. Councilmember Vance thanked Interim Fire Chief Chris Scothern for the many months he stepped in and the whole fire department.

Motion by Councilmember Vance to appoint Brady Hansen to serve as the fire chief. 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.

b. Swearing in of Brady Hansen as the Fire Chief

Recorder Nessen swore him in. Fire Chief Hansen expressed gratitude to the Council and staff for their vote of confidence. I really am committed and excited. The Council offered some flexibility in the move and the timing and some of those things that made the difference for us to make this decision and be 100% on board. I want the fire department to know I view the fire chief’s biggest job as being their support and to be the person who gets them the things they need and then gets out of their way. I will clear the road blocks and allow them to function as a fire department. I am super excited.

8. Public comments:

Resident Kristie Bowcutt said I saw you were going to raise prices for the garbage. I feel like we are playing whack-a-mole with the garbage truck and watching it go through the housing districts. They are dizzy by the time they get done. Something that would save a lot of money for us as residents and wear and tear and fuel costs for them is if everyone put their garbage cans on one side of the road where it is applicable. They could save money if we really tried. You could consider that even though you have already decided you are going to raise rates. It will save money. Councilmember Rohde said thanks for coming with a solution, that is awesome.

Mayor Holmgren called a Public Hearing to order at 7:23 p.m. to consider adopting the final budget. There were 24 people in attendance.

9. Public Hearing:

a. To consider adopting the Final Budget, which implements a property tax increase primarily to fund added personnel and expenses in the Police and Planning Departments; the Final Budget is entitled “The Tremonton City Annual Implementation Budget 2023-2024 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s)”, for the period commencing July 1, 2023, and ending June 30, 2024 (Please keep your comments to under 5 minutes.)

Resident Kristie Bowcutt said I realize you have already made up your mind. You made up your mind before the last meeting, I know that. I love the comment on industry and why you guys are not being involved. You are the governing body and need to be involved. I have a hard time waking up one morning and going, oh we are going to raise your taxes by 50%. I have visited with so many residents and listened to them cry and say I will have to sell my house and move in with in-laws or kids. That is a sad thing. There is always a solution if you look for a solution and do not wait until it gets this big. I do have an issue with the police department. Several years ago, someone broke into our house. I was in the shower and heard the door open. I yelled I will be out in a minute and heard the door close. I heard noise in my garage and put my dog in there. He barked and barked so I called the police and the officer drew his gun and walked through my house. I said the person is in my garage. He said I have done all I can do. I said no you have not, they are in my garage. He turned to me and said do you believe in ghosts and he was told to get out very fast. A few years ago, someone broke into our house while we were gone. We came home from Logan and my husband had to fill out a form on the computer and his name and all his information came up on autofill. That is pretty creepy. Papers were moved around and a file box was tipped over. I called the police and an officer came. I asked if they were going to fingerprint and he said no. Are you going to take pictures of this mess, no. I can tell you where the person lives and I pointed that out and are you going to go talk to them and they said I do not know. That is not very comfortable and you want me to give all this extra money to the police department when nothing happened. I have issues like that and with a tax increase. I think it is ridiculous to raise someone taxes that high, but you have already made up your mind.

Josh Kearl said I am a police officer and a resident of this town. I come here to speak as both an advocate for the proposal and as a citizen, who is concerned. I serve in the Utah Army National Guard and recently returned from active-duty orders after five months. Tremonton City has done some amazing things to not only help me serve my State, but my Country as well. A few years ago, I was deployed for hurricane relief and the city gave me an extra 15 days of leave to do that since I had already used up mine. I notice the affect it has on my coworkers when I have to leave. I recently had conversations with them and they whole heartedly appreciate my service to my Country, but they hate when I have to fulfill that obligation. My absence has forced them to take on extra duties and responsibilities to the point that their spouse and children are asking why they spend so much time at work and miss almost every activity. Another coworker stated that when I was deployed to Iraq in 2016, they had to work grave shift for an entire year to cover in my absence and most of those shifts they were working by themselves, which had a tremendous impact on their family. Before I worked for Tremonton, I worked for Ogden City Police. There were a dozen officers who served in the military. There were times when nearly all of us were gone on military leave and that leave had zero impact on the daily operations of the department. For Tremonton City Police when one of us takes a vacation, sick leave or military leave, it critically impacts both operations and officer safety and morale. Officers take on more responsibility and often have to work by themselves and that is with one person leaving. I would like to share some of the calls I have had to handle as an officer and working by myself. In December 2018 I was on a grave yard shift and had to pursue four individuals who were later identified as gang members. Each had several active arrest warrants. I was able to apprehend two of them by myself. I put one in my cage, but since there is only one in our vehicles, I had no room for the other individual. It was 9 degrees outside and since she had shorts and a tank top on, I decided to put her in the front passenger seat. She was handcuffed with her hands behind her back and I put her seatbelt on. While impounding the suspect vehicle, the suspect in the front seat was able to unbuckle herself and climb into the driver seat. She placed the vehicle in drive and took off, all while handcuffed behind her back. This incident left me in quite a predicament and unprotected while there were still two suspects at large. I look back on that and continue to learn. Although I could have made different choices in that moment a lot of it could have been prevented by having another officer with me. A few weeks prior to that on grave shift again I was called to Maverik for a suspicious individual, who was found to be high on drugs. He was 6 feet 7 inches and close to 300 pounds. He made the decision to fight with me so I wrestled with him for what felt like an eternity. In reality it was only nine minutes. During that time, I took several punches to the head and face. We scuffled on the ground and I tased the suspect several times to no effect. Finally, a trooper arrived to assist and even then, all we could do was hold him down until more officers arrived. Lastly, this incident has been by far the most difficult call I have had to handle. In June 2017 I was dispatched to a vehicle accident along Iowa String. I was the only Tremonton officer working. The vehicle had rolled and was on its top in the canal. I arrived on scene and found a female in the middle of the road with a broken femur. After questioning her I realized there were three more occupants in the vehicle. I jumped into the canal in full uniform and pulled out three adults by myself only to find they had already passed away. When I have military orders coming or a family situation that requires me to take leave, like now, my wife just had a baby so I am on paternity leave, I feel an overwhelming amount of stress and guilt on what burdens I am putting on my coworkers and their families. Especially when I am putting them into the type of situations I just mentioned. The passing of this proposal will be enough to bring some stability to our department, but there are still more hurdles to overcome. When I received my driver’s license just a little over 20 years ago, I drove a pick-up truck that cost me $15 to fill up and I thought that was a lot of money. Today I drive a similar pickup truck and it costs me over $100 to fill. I do not think it has been responsible to go this long without increasing taxes or looking at all other solutions. I appreciate Councilmembers Rohde and Vance in their discussions of coming up with a new tax base. A tax increase that is this big is a lot to deal with. In working on State and Federal levels I have seen a lot of tax money being abused and wasted and used fraudulently, especially with the military. I do not know how hard it is to be a city councilmember because I have never been in your situation, but I can appreciate the fact that as a police officer you are never going to make everyone happy. It is impossible. All that I ask is that we try a little harder to find solutions so we do not place these burdens on our citizens. Thank you.

Public Works Director Paul Fulgham said I am a resident and a transplant that has been here since 1987. I married a local girl. I want to tell these guys I love you for what you do. I have had them to my house three times. One was when a daughter was choking on something and they showed up with emergency medical services. Once was when a neighbor, I live in the hood, was having some malicious activity. I called them and they showed up. Another time was on my doorstep when I lost a son in an accident. I hate to pay more taxes, but it is necessary. I know it. It will impact me and my family, but it is worth it. If I have to give up my Dr. Pepper a day then that is what I have to do. It has to be done, we need these fellows and we need them to be protected. They are an essential service along with the fire department. Thank you for your time and your service.

Resident Jeff Hoedt said I did not intend to speak this evening, but after hearing some of the discussions that were offered, I decided I had to come up, too. I have always spoke in support of the police department being enhanced so you have the proper coverage for all these fine folks and I will continue to do that. It is not just that they put their lives at risk, it is a mental thing and that last speaker captured me. One of my officers, when I was the chief back in my home state, responded quickly in the water. They were in boats and heard a scream. A grandmother was driving a boat and her 12-year-old granddaughter was behind the boat. She made a mistake and put the boat in reverse and it struck the girl, taking her arm nearly off. My officer dove into the water to get her and she bled out in his arms. The mental impact from some of these things these people deal with is equal to the physical risks they put themselves into and that needs to be considered. My son served this last winter in Syria as a surgeon in a special mission site. They were under fire almost every day. I appreciate what these folks go through. I am behind that. You already know I am disappointed that revenues have sky rocketed within the city the past couple years beyond the industries and that this money was not put toward this before. This has been going on for a while. It should have been resolved in the past and should not have required this tax increase. I encouraged you to reprioritize your budget and I doubt that happened. Everyone has to live within their means I have headed state agencies and national programs and you have to live within your means and make cuts. I do not see that here. I see much more willingness to tax. I do not see fiscal conservativism at all here and that bothers me. I got my announcement last week for the increase I will get from my partial state retirement. I have a partial federal and state retirement and my whopping increase for this next fiscal year with them is $18 a month. That will not even cover your tax increase, let alone inflation and everything else that is going on. Again, I support these folks and what they do and it must be dealt with and the tax increase is going to be it which I do not support.

Chief Cordova said we went over the numbers and data a million times. The numbers are getting worse the longer we wait. We have been behind for over 10 years. Police Chief Fertig asked for five officers and got two. That is just enough to keep our heads above water. My primary job is to keep the citizens of our city safe and to enforce the laws, but more than anything I just want this to be a safe community to raise a family. My other job is equally important and that is to keep my guys and gals, who work in our department selflessly for our city, safe. The only way I can do that is if we give them the proper equipment and manpower. I come from a larger organization where this has never been a problem. In my 16 years in law enforcement, I have seen a community hit this pivotal point where they need to decide whether they are going to add more manpower or wait. I will give Kearns as an example because I saw that change over the course of 15 years, they went from staffing with one officer to what it is now. It is a great city with great leadership and support of the police, but they hit that point and kicked that can down the road. Now they are dealing with crime that is imbedded in their community. It has festered and they have a ton of drug problems and gangs. I worked as the investigative sergeant for drugs, gangs and narcotics and I will tell you it was like whack-a-mole. We would catch one house and put them out of business and there would be two more that would pop up. It is so engrained in their environment now that I do not think they will ever solve the crime problem. So, they have thrown a lot of officers at it. They recently had a shooting and I went through the academy with one of their officers. I called her to check in because she went to that door where the suspect came out and a shooting took place. She had two other officers with her. The golden standard in law enforcement to be safe is that you take two people on a domestic. My gals and guys are going on these calls alone. That is unacceptable. Had she gone on that call 10 years ago I do not know if I would have been able to talk to her on the phone. That is how critical this is. We have a great community with a low crime rate and I am trying to keep that for us. I have been here one year and we have done about six search warrants for narcotics. Not just marijuana, but for meth, heroin and fentanyl. In one instance it almost made it to our schools and that would have been catastrophic. We had an attempted home invasion where a suspect was armed with a knife and was attempting to kick in a door. He was confronted by one of our officers. We were lucky. We are getting lucky on all these deals. That guy ended up complying and it did not resolve in a shooting. We had the double shooting incident where we only had two officers on at that time. It turned into a major event. We asked for help, but we did not get the help we needed and because of that we had to call on every single person in our department to respond to get it under control. We were lucky enough to catch that suspect. We also had a chase down Main Street with one of Box Elder County’s most wanted who was living in Tremonton. This is a wanted fugitive who was willing to do just about anything to get away. We believe he was armed. This has already hit our city. We have to take action now to keep that from engraining where it becomes a lost cause for law enforcement. We have had armed barricade fugitives where SWAT was called in. Again, we were lucky. We had a hit and run suspect who was later arrested and he had two pipe bombs on him. These are serious crime problems I have seen in my career that I would never imagine would hit a small community like ours. There is real crime and problems here. We are lucky enough to have loyal men and women who serve the city out of sheer loyalty. A lot of these individuals could go somewhere else and get a substantial raise and be guaranteed to be safe at work every day. If this was your daughter or son, what would you have them do? Work in this environment where they are short staffed and under paid or would you have them go next door and get a considerable raise and be safe every night. I know my answer. I have asked myself what keeps them here every day since I got this job and it is the sheer love for this community. My advice as your chief of police is that we show them the love they have showed us and take care of them. Thank you.

Councilmember Vance said we are hearing fiscal responsibility. I have been a city councilmember for eight years and we have patted ourselves on the back for not raising taxes. We thought it was a wise thing to do. Obviously, that is catching up to us. Everyone needs to understand even when we hire these new police officers, we are two behind next year. We have six people we need to hire even after this. As a councilmember you are the hunting dog. If you go too far out the hunter is shooting at you and if you are not going out and hunting the hunter is kicking you in the hind end. We are between that place where we can be criticized for whatever decision we make. We have been patting ourselves on the back for not raising taxes since 1997. We have been scrutinizing the budget and trying to find ways to make it work. We have done it to a point where we are behind. Last year we had to hire three full-time fire department people and another three, now we are talking about the police department. The younger generation basically has no volunteers showing up and our older volunteers are getting to the point where they cannot go out on calls. I do not blame them and will forever be grateful for them. They have helped our budget over all these years. Now all of a sudden, we have to cover a brand-new fire department, which is something we have never had to do in our budget. We are behind on police because we were patting ourselves on the back for squeezing the budget down and trying to make things work. Being criticized because we are not watching what is going on is offending because we have done the best we can. Maybe raising taxes, a bit every year to cover these things is the way to go instead of trying to do it all at once. I believe we have done the best thing we could do with the circumstances we were given. Some are criticizing this because we did not increase taxes every year. That is the choice we have had over this deal.

Resident Renae Kay said speaking about all the ratios and how far behind we are with our police officers and yet we are going to continue growing our population, which is putting our police officers back further and further. This is going to be a domino effect of increasing our taxes more and more. I looked back and contacted the County about my house increase, which is about $125,000 more than it is worth. They did this back in January when the values were higher than they are now. Now we have to go through red tape and do comparisons and they have to make an appointment to come out to my house to determine what I am saying is valid. The thought that came to me was, yeah, we do need police officers, but we need to slow the growth so the police officers can catch up and catch their breath. It is going to take tax increases, but the whole thing at 50% on a price value that the County is saying that is ridiculously overpriced from what the actual market value is. What if we go back to last year’s values and instead of going to the increased hike that the County has put on our values, what if we used last year’s values for cost of living or the market and used that as a small tax increase instead of throwing it on this higher value. It does not seem right on so many levels. Police officers are needed for the safety of our county, but we have to catch up before we continue to grow and then helping people who can barely survive with the way things are. A lot of us can afford this, but there are a lot who are just surviving paycheck to paycheck. What about those people? Their safety matters too, but are we going to throw them out into the street because they cannot afford to pay their taxes with everything else that has increased. That is my two cents.

Mayor Holmgren closed the Public Hearing at 7:49 p.m. We appreciate your comments. I have tried to take notes and if you would like to stay after the meeting and ask more questions, I will try to answer those. Thanks for all your comments.

10. New Council Business:

a. Discussion and consideration of approving the July Financial Statements

Motion by Councilmember Archibald to approve the July 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 July Warrant Register

Motion by Councilmember Vance to approve the July 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 adopting Resolution No. 23-50 adopting the City’s proposed tax rates (a property tax increase) for 2023 tax year

Councilmember Rohde said I would like to make a statement. I have thought about this for two weeks since I sat up in Alaska and listened to the session. I am often asked how I feel about this subject. I understand we must address the pressing issue of public safety in our city. It is evident that our police force needs to strive toward a ratio of one officer for every 626 residents. Currently, we are one for every 923 residents. The latest data from the FBI employee database reveals that cities with populations from 10,000 to 25,000 typically maintain a ratio of 2.5 police officers per thousand residences or one officer per 400 citizens. By aligning our police force with a ratio of 1.6 we can ensure a more effective and efficient response to the needs of our community and the safety of our officers. Furthermore, the concerning rise in the crime rate within Box Elder County over the past couple years demands immediate action. We cannot afford to be complacent in the face of this growing threat. It is crucial we adopt a proactive approach to our policing in this City. It has been mentioned that we need more police due to the growth in our community. This would account for two officers. The rest of the needed staff is due to our city not allocating the budget to hire officers in the past. This has created a police department that has served very well, but have had to react to crime. We as a frugal City handcuffed their efforts in the past. A proactive approach means more than just reacting to incidents it involves actively engaging with the community. Building trust and entrusting strong relationships. By being proactive our police force can identify patterns, adjust root causes and prevent crime before it occurs. This approach not only enhances public safety, but also fosters a sense of security and well-being among our residents. By investing in the appropriate number of police officers we can effectively combat the rising crime rate and ensure the safety and prosperity of our city. As a response to the public meeting held two weeks ago, I understand and feel troubled by the continuous rise in our property taxes each year. While it may seem that our city has not directly raised property taxes the reality is that due to increases in the inflation and county assessments, property taxes in Tremonton have significantly increased over the past five years. I understand the importance of funding essential services and infrastructure development within our city, however, the burden placed on homeowners and property owners through this escalating property taxes is becoming increasingly unsustainable. Many hardworking individuals and families are struggling to keep up with the rising cost, which is putting a strain on their financial well-being. Citizens are stating we cannot afford to live in Tremonton anymore. As City officials, City employees and local governments, it is crucial that we actively engage in finding alternative solutions to alleviate the burden of tax payers exploring avenues such as budget reallocation, cost cutting measures and hiring an economic development specialist to increase sales tax and commercial property tax revenues, and seeking additional revenue sources that can help mitigate the impact of rising property taxes. I believe in the importance of a safe and welcoming community, but it should not come at the expense of financial hardship on its residents. I think we should raise our property taxes sufficient to cover for the three police officers that have been requested. I support the request of the immediacy of the five additional officers and a planner, but believe we can find room in our current budget with sales tax and cost cutting measures to pay for the additional officers and expenses for our planner.

The Council moved forward with a motion. Councilmember Rohde said this is no reflection on the police officers, this is a funding issue. I love you guys and I want you to be whole, but it is a nay for me. Councilmember Seamons said I have the same mixed emotions on it also. We have looked at a lot of things and you need the help. There is no doubt about it. This is not only a safety issue with police officers, but the psychological problems that are there also. You do a tough job and are appreciated. I have a lot of constituents that live around me that are elderly and on a fixed income. I realize what this does to them. They are very supportive of the police department and the things that are going on. I hate to see a tax increase go in like it is, but aye. Councilmember Estep said same thing. I know people who are going to struggle and I know people who can just write the check out and it will not make a difference. It is our duty to protect our citizens and employees with public safety and health. It is not an easy decision, but it is the right decision.

Motion by Councilmember Archibald to proceed with adopting the resolution to adopt the City’s proposed tax rate for the 2023 tax year. Motion seconded by Councilmember Estep. Roll Call Vote: Councilmember Archibald – aye, Councilmember Estep – aye, Councilmember Rohde – nay, Councilmember Seamons – aye, Councilmember Vance – aye. Motion approved by a 4-1 vote.

Mayor Holmgren said I want to take this opportunity to thank the hard work each and every one of you have placed into this. This is a very difficult decision that affects all of us. You have to look at the cost and benefit, and as we have listened to several of our officers about their issues, I think it is our duty to make sure they are made whole and are as safe as possible. There is an inherit risk. We understand that, but we want to do our best to make sure you have the tools and resources necessary to do your job. Thank you all. We have taken your comments into consideration and looked at the budget over and over again to see if there is somewhere we could make a difference and cut costs, but this is where we are at. Thanks everyone for taking the time to work on this and give advice.

d. Discussion and consideration of adopting Resolution No. 23-51 approving the Final Budget, which implements a property tax increase primarily to fund added personnel and expenses in the Police and Planning Departments; the Final Budget is entitled “The Tremonton Annual Implementation Budget 2023-2024 (General Fund, Capital Fund(s), Enterprise Fund(s) and Special Fund(s)” for the period commencing July 1, 2023, and ending June 30, 2024

Motion by Councilmember Estep 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.

e. Discussion and consideration of adopting Resolution No. 23-52 amending a Residential Solid Waste and Residential Recycle Waste Collection Agreement between Tremonton City and Econo Waste, Inc.

Councilmember Rohde said there is no one else to provide services, but I feel bad that the prices keep going up. Is there a way to put a ceiling on this? Manager Warnke said it does include an annual price increase and there are other ways it can increase. The problem is they have not increased in the past when they should have and inflation and the workforce have caught up with them. The same things we are struggling with as an organization they are struggling with. We generally know what those increases are going to be. At the end of the term, we will evaluate where it is at and what options there are. They have been great partners over 30 years.

Motion by Councilmember Archibald to adopt the 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.

f. Discussion and consideration of approving Ordinance No. 23-03 adopting a rewriting of Part 10-410 Garbage Regulations of Title 10 Fire, Health, Safety and Welfare, Chapter 10-400 Garbage and Litter, of the Revised Ordinances of Tremonton City Corporation

Manager Warnke said we are proposing to have elements of our ordinance match our agreement. One significant change is that the definition on a commercial unit has changed in our agreement with Econo Waste. The same definition is replicated here in our ordinance. That is the most significant change.

Motion by Councilmember Rohde 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. 23-53 reaffirming, amending, and enacting new fees and fines in a schedule entitled Tremonton City Consolidated Fees and Fines Schedule including, but not limited to, Garbage & Recycling Collection Service Fees, Garbage Collection Containers, and Miscellaneous Fees

Assistant City Manager Christensen said the garbage fees we discussed and also some meter fees. When someone gets a building permit, they pay for the water meter. The price of those have gone up and we are also going to charge for a secondary meter in a building permit. Director Fulgham said that will only be for new homes. Existing residents still have that incentive for hooking up. They have already paid in all the years into the culinary. We are treating culinary and secondary as one utility. New homes also pay for a garbage can fee in the permit, which has been done for 15 years.

Motion by Councilmember Vance to adopt the resolution. 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.

h. Discussion and consideration of approving Resolution No. 23-54 adopting the Tremonton City Integrated Land Use Plan

Councilmember Vance said with the new anticipated road—Commerce Way, do the current landowners know this is going on? How does this work? Manager Warnke said to a large degree no. This is land outside our incorporated limits. The State Code is clear that we can plan outside our limits for this purpose. We have talked to one of the large landowners where this road would start. The County is aware of it and supportive. We do need to plan for a large facility to handle all the growth in the County south and wanting to travel north. We will continue to talk to property owners and work with them to acquire land and work out agreements. Councilmember Vance said we need an economic development person in our area. It makes sense to be thinking about the investment and having someone negotiating with landowners to bring in other companies. I know an individual in our area who would be excellent. He has expressed interest. Instead of hiring him as an employee you could give him a finder fee. That way everyone wins. That is an investment to us if we can get the taxes and retail.

Motion by Councilmember Archibald to approve 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.

i. Discussion and consideration of adopting Resolution No. 23-55 approving amendments to the Tremonton City Personnel Policies and Procedures Manual, Section XVI: Benefits regarding Tier I Firefighter Retirement System Division A (Fund 31)

Manager Warnke said in 2010 the State legislature had a retirement reform that created two different classes of retirement. Tier 1 was existing employees and Tier 2 was for new employees that had lesser benefits, generally speaking. We found the Tier 1 firefighters do not have a benefit commensurate with other Tier 1 employees. Most communities pay their contribution rate, which is what this policy proposes. It is budgeted. This is common place that the city pays that portion. This formalizes what is envisioned and what the practice is elsewhere.

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.

11. Calendar Items and Previous Assignment

a. Review of calendar

Mayor Holmgren said the League of Cities and Towns conference is coming up. The primary election is on September 5 so we will not have a Council meeting. The Farmer’s Market is September 2. The City party is September 11 at North Park. The Community Feeding Community in conjunction with the National Day of Service will be September 11 and 12.

b. Unfinished Business/Action Items:

12. Reports & Comments:

a. City Administration Reports and Comments:
b. Development Review Committee Report and Comments

Manager Warnke said people are starting to redevelop their property and tearing down buildings to build new. Ron Keller is looking at redeveloping the bar. That structure is being discussed as an application that would be demolished and a new facility there. They have not submitted a formal application, but have talked to their architect. We have received an application to redevelop the Denny’s property as a Jack in the Box. People are investing in Tremonton. We will continue to keep you posted.

c. City Department Head Reports and Comments

Chief Cordova said I know tonight was a tough decision, but we appreciate your support.

Councilmember Vance asked how many people are connecting to secondary water at this point. Director Fulgham said we have about 4,000 meters in town so a quarter or more. About 30% with what we have now, but not all of the community has it available yet. When asked about the worry with E. coli, Director Fulgham said when they sign up, they agree to not hook the two systems together in any way shape or form. We have an ordinance against it and can shut their water off at the meter and discontinue service until they get it fixed if there are problems.

d. Council Reports and Comments

Councilmember Estep said it has been a tough time. I hope somewhere down the road someone says I am glad you made that decision because that extra police officer saved someone in an incident. I hope someday they can see this was not made without a lot of heart and soul. Chief thank you and keep up the good work.

Councilmember Archibald said it has been said before that being on the Tremonton City Council is not about politics it is about service. Our good Mayor calls me occasionally and gives me opportunities to be a part of service. We are working on the National Day of Service. There is lots going on. The Mayor and I have discussed beautifying Tremonton so be ready. People have done great things and we need to recognize those individuals. We need to communicate with those who are not meeting the expectation of Tremonton. Thank you I appreciate the opportunity to learn more through discussion and talking to you and working with the wonderful staff that Tremonton has in place. Even though it was difficult it is good to know what we did tonight was right.

Councilmember Vance said we have been crunching these numbers hard since March and we have not taken this tax increase lightly. We patted ourselves on the backs for not increasing our taxes for such a long time and it has caught up to us. We have been fiscally responsible because we squeezed the budget every which way and not raised taxes. With this increase, there are no other decisions that could be made it was the right thing to do.

Councilmember Rohde said with the comment of slow the grow, I want to verify that as a Council there is no way we can slow the growth. We cannot tell farmers to not sell their property and people to not build. That would be illegal. The only things we can do is approve zoning and so I get a little frustrated that everyone is mad that this Council will not slow the grow. We cannot do that. We are handcuffed. The only way we can slow it is if there is a legal reason to put a moratorium on growth. Manager Warnke said generally speaking, when people have entitlements that come with their property based on what the zoning is and availability of service, they are entitled to submit an application. We have to approve that if they conform with the law. Those are administrative decisions. There are legislative decisions like you talked about rezoning and annexation, but those have consequences, too. We have worked with the County to evaluate development outside of our boundaries. It does impact us and hurts the city in the long-term. Generally speaking, applications that are consistent with our code have to be approved.

Councilmember Seamons said a moratorium only has six months and then you have to solve the problem and let them do what they want with their property. That is the privilege of owning land and living here. Thank you for all you do.

Mayor Holmgren said thank you Council. I want to reiterate how much I appreciate the time and effort that has been put into coming to this decision. We have worked on it for a long time and I believe with my whole heart this was the right decision. We need to press forward. It is an honor and privilege to work with every one of you. There have been some residents that have identified serious issues around Tremonton with yards that look pretty rough and are a health or safety issue. The idea is to work with the homeowners and see if we can get them to clean up their yards a bit. I think we can do a better job as residents of Tremonton in taking care of our property.

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

14. Adjournment.

Motion by Councilmember Estep 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 8:52 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 19th day of September, 2023.

Linsey Nessen, City Recorder

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