TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
September 1, 2015

Members Present:
Diana Doutre
Lyle Holmgren
Jeff Reese
Bret Rohde
Byron Wood
Roger Fridal, Mayor
Shawn Warnke, City Manager
Darlene S. Hess, Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the September 1, 2015 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Wood, City Manager Shawn Warnke, and Recorder Darlene S. Hess. The following Department Heads were also present: Police Chief David Nance and Treasurer Sharri Oyler. Also in attendance was City Attorney Dustin Ericson.

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

The Council reviewed the September 1, 2015 Agenda with the following items being discussed in more detail:

Revocation of the business license of My Style. Attorney Ericson reminded the Council of the process. Both parties (Tremonton City and My Style) will be given the opportunity to present an opening statement. Following that, witnesses and evidence will be placed into the record and Recorder Hess will swear in any witnesses and place them under oath. Attorney Ericson will present eleven or twelve documents to put into evidence for the Council’s consideration. While witnesses testify, the Council will have the right to ask questions. After Attorney Ericson questions any witnesses the City has called any representative from My Style will have the opportunity to question witnesses and call any witnesses they may have. Attorney Ericson would then be allowed to question witnesses My Style has called. After witnesses have been questioned, both parties will be allowed to present a closing synopsis. The Council will then be tasked with deciding whether to revoke the business license or not.

Councilmember Reese asked what options the Council will have. Attorney Ericson stated that the Council can table the issue or revoke the business license or not. Attorney Ericson noted that it is unknown if a representative from My Style will be in attendance tonight, but they have been served with notice by hand delivery and certified mail. Councilmember Wood asked if revoking the business license will shut down the whole business or just the tattooing portion. Attorney Ericson noted it would revoke the whole business license and My Style would need to reapply for a business license to continue with the salon portion. Attorney Ericson recalled that during the August 18, 2015 City Council meeting there was a temporary Land Use Ordinance enacted that prohibits tattooing within Tremonton City limits. Councilmember Reese asked for clarification that if the Council revokes the business license for My Style, they will not be allowed to do tattooing with Tremonton City limits. Attorney Ericson replied that tattooing within City limits will not be allowed now based on current City ordinances.

Councilmember Holmgren asked if Cassidy Snell has convictions associated with the tattooing of a minor that will result in jail time or probation. Attorney Ericson noted that he will present a certified copy of the Judgement and Sentence to the Council during the hearing in City Council. Attorney Ericson summarized that Ms. Snell has been convicted of unlawful tattooing of a minor in which she pled guilty and was sentenced to pay a fine and given six (6) months probation and 180 days in jail. The 180 days in jail was suspended assuming that all terms of the probation are followed. Councilmember Holmgren asked if Ms. Snell could reapply for a business license for a beauty salon. Attorney Ericson noted that Ms. Snell could reapply and the application would be processed like all other applications. Hypothetically, if the Council chose to revoke the business license tonight then tomorrow Ms. Snell could reapply for a new business license excepting the tattooing aspect of her business.

Councilmember Rohde stated that Ms. Snell knew the consequences and acted on them. Attorney Ericson reported that Ms. Snell was fined $680 and will start payments of $100 a month beginning August 21, 2015. The court imposed, as part of her sentence, six (6) months of formal probation and required that she show monthly proof from the Bear River Valley Health Department (BRVHD) that she is in compliance with their regulations. There was a report from the BRVHD that she was non-compliant with the Health Departments tattooing regulations as well. Councilmember Holmgren asked if the BRVHD had issues with the beauty salon or just the tattooing aspect. Attorney Ericson understood that it was mostly with the lack of record keeping as it regards to tattooing. Chief Nance noted that the BRVHD was contacted after the violation occurred and they did an inspection the next day. It was found that during the three weeks that Ms. Snell had been authorized to do tattoos there were no records kept whatsoever. It is part of the State Law to keep those records.

Utility bill write-off’s. Treasurer Oyler noted that some accounts have been sent to collections but no money has been received. They will stay in collections but the write-off will get them off from the balance sheet. Councilmember Reese asked if the City has done everything they can to collect the money. Treasurer Oyler confirmed that the City has. Mayor Fridal asked if the City ever gets money from the collection agency. Treasurer Oyler noted that once in a while the City does but not very often. Most people sent to collections are no longer living in Tremonton. Treasurer Oyler noted that she has to leave at 7:30 p.m. tonight and Manager Warnke may need to address this item during City Council.

Resolution No. 15-33. Recorder Hess noted that Micah Capener asked the City to do a petition to annex some land into the Tremonton City’s limits. The land is located in south Tremonton by the South Stake Center and the railroad track. The land is vacant and will probably be used for development. Councilmember Rohde asked if this property has been considered for a trail. Manager Warnke noted that he spoke to Mr. Capener about a trail. Attorney Ericson is drafting an Annexation Agreement. It is proposed that the developer dedicate land for a trail and in return Mr. Capener would be reimbursed by Impact Fees as they come in, up to the value of the land. The Development Agreement would require the canal to be fenced but still allow the Canal Company access. Mayor Fridal stated it would be better to have something there instead of vacant property.

Implementing bicycle facilities. Manager Warnke spoke with Darin Furstrup, the Traffic Operations Engineer from UDOT, and came up with several different options for bicycle facilities on UDOT’s roads. There are two streets primarily discussed for bicycle facilities: 300 East and Main Street. It is proposed that UDOT stripe a shoulder (fog line) on 300 East to delineate the vehicle travel lane from the shoulder and thereafter install bike route signs. The City’s maintenance requirements would be the bike route signage and UDOT would maintain the shoulder stripe (fog line). It was proposed to UDOT, with Garland’s approval, the inclusion of 300 East which turns into Garland Main Street all the way to Factory Street. It is anticipated that there is less maintenance associated with signage and that both cities could do the maintenance in house as opposed to the striping which would be contracted out.

The options for Main Street include sharrows which are painted markers on the road in the travel lane. The sharrows symbol is a bicycle symbol with chevrons. The City would be required to maintain the painted sharrows after UDOT initially paints them. The City received a bid from Interstate Barricades for $37 per sharrow or $1,100 total. It is unknown if the sharrows would need to be repainted every year. The other option on Main Street is to put up “share the road” signage but City staff believes that over time the signs could become invisible to vehicle drivers and thereafter the signage would be visual clutter on Main Street. Councilmember Reese expressed that the sharrows would make Main Street safer for bicyclists. There would not be a bike lane on Main Street rather a shared travel lane. Mayor Fridal noted the sharrows would make more people aware of bicyclists. Councilmember Wood noted that Main Street is very narrow now and the consequences are bad when a vehicle and bicycle are involved in an accident. Councilmember Wood did not think it was the best use of money to paint sharrows on Main Street and would give the City more liability.

Manager Warnke explained that another option would be to put up signage on Main Street, but it might not have as much value. Councilmember Wood stated that a bike lane would be better, like the one proposed on 300 East but Main Street is not big enough for a bike lane. Councilmember Doutre noted that “share the road” signs might be a good idea on 1000 North.

Manager Warnke noted that if UDOT painted sharrows on Main Street, the City would be committed for the maintenance. Councilmember Doutre stated that a shared lane is the only way that makes sense for bicycles as there is not room for a bike lane. Manager Warnke noted there are thirty (30) sharrows included in the $1,100 bid. The sharrows would be spaced according to the MUTCD (Manual Uniform Traffic Control Devices). Councilmember Reese agrees that a shared lane looks like the only way to go. Manager Warnke commented that with sharrows a bicycle essentially becomes a vehicle. Councilmember Wood noted that he has not seen a lot of bicycle traffic on Main Street. Chief Nance agreed there is not a lot of bicycle traffic on Main Street and the children that do ride there use the sidewalk. The sidewalk is not to be used for bicycles but it is probably safer for children riding on Main Street. The rules of the road are that bicycles should go the same direction as a vehicle and are basically considered a vehicle to a large degree as they must signal.

Councilmember Holmgren noted that according to the SDAT (Sustainable Design Assessment Team), Main Street would be more walkable. Perhaps in the future it would be better to address a shared lane on Main Street. Right now it would be good to include the striping and signage on 300 East up to Factory Street, but if there are not a lot of bicyclists on Main Street, then now might not be the right time to address a shared lane. Manager Warnke discussed the City’s liability previously with Mr. Furstrup. It did not look like the City would need to sign an agreement with UDOT.

Councilmember Wood asked what Director Fulgham thought about the bike lanes and sharrows. Manager Warnke replied that he thought Director Fulgham was fine with whatever decision the Council choses. Manager Warnke has been a little hesitant about the sharrows. Councilmember Reese stated it would be best to do the proposed striping and signage on 300 East and leave Main Street alone for now. Manager Warnke would recommend that option since the Council is hesitant about the sharrows. Mayor Fridal does not think people notice the paintings on the road and the signs are ignored shortly after installed. A flashing sign warning drivers of bicyclists might be more noticeable. Councilmember Rohde noted that the bike lanes help encourage people to get outside and start being active and having a safe place to ride bicycles, but they are not needed on Main Street. The walking trails will also help encourage people to get out and be more active.

Councilmember Holmgren asked about the option for bike lanes or sharrows on 1000 North like Councilmember Doutre suggested as it is a nice road without as much traffic. It would be a good place to ride a bicycle. Councilmember Doutre has had comments regarding the new road on 1000 North and the turn lane in the middle. People cannot park on the road or ride bicycles there anymore. Chief Nance commented that it would be best to make it a no parking zone. Councilmember Doutre stated that the turn lane is only needed at 2300 West not the whole length of the new road. Chief Nance stated that the turn lanes may be needed in the future. People don’t generally park on the road on 1000 North and it would be best to make it all no parking.

Councilmember Rohde suggested that the bike lane go from 300 East up 1000 North to 1000 West and continue past Jeannie Stevens. Councilmember Reese commented that 1000 North by Bear River High School is very narrow and would not have room for a bike lane. Mayor Fridal stated that perhaps the Council should just consider putting a bike lane on 300 East for now.

Surplus Patrol Car T31. Chief Nance explained that T31 is a silver Impala that was replaced several years ago but kept as a spare vehicle for trainings for Police and Fire Departments instead of taking marked vehicles. The vehicle has 106K miles and has a few problems with the gauges and the lights not working. The speedometer will only show 0 or 120 mph and the gas gauge does not work. Chief Nance asked the department managers if they were interested in the vehicle but no one was. Councilmember Rohde asked if there is another unmarked vehicle available for trainings. Chief Nance stated that a vehicle was replaced this year and will now be the spare vehicle for trainings.

Resolution No. 15-34. Manager Warnke noted that the Development Agreement follows template language that was previously approved by the Council; however, the Special Conditions section is a section the Council could review to find specific information and requirements regarding this development. Spring Hollow Legends is a planned unit development with a Zoning Ordinance Overlay specific to it that requires them to offset the density with planned improvements. Improvements are committed in the Development Agreement to build a clubhouse with an indoor pickle ball court. There will also be an outdoor basketball court, pickle ball court, and fencing. Some of the improvements are codified in the City’s ordinance specific to the Zoning Ordinance Overlay. The City’s Land Use Ordinance allows for substitutions. It is proposed to eliminate one of the outdoor pickle ball courts (as there were several), the tennis court, shuffle board amenities, and some of the open space. They will be substituted with an indoor pickle ball court and install secondary water mains and laterals. The development is planned as a senior housing development.

According to a change in the Land Use Ordinance, Manager Warnke stated that the fee in lieu has been paid for the chip seal and the street lights totaling about $38K.

2. Training regarding Ballot Proposition. Manager Warnke recalled that several months ago the Council approved a resolution to support the proposition of the transportation tax. Box Elder County Commission decided to put the proposition of the transportation tax on the ballot this November and will run the election. The County must provide a 500 word summarization of the proposal. There are State Codes that regulate how public entities can participate or influence the proposal to go before voters. The State Code restricts the level of influence a public entity may have. Public funds may not be used to support or oppose the ballot proposition.

Public Officials would include the Council and some City Employees. Public Officials can, as an individual, advocate for or against the ballot proposition but it must be done independently and outside the scope of a public official and City resources cannot be used. Public Officials can give their own money to the Transportation Coalition or have conversations with individuals in person or through email. However, City email accounts cannot be used for the conversations. If someone emails you on your City email, you can provide factual information without an opinion. Attorney Ericson noted that it might be best to copy the information Box Elder County will provide as their summary. Mayor Fridal stated that it would be okay to provide information but no opinion. Manager Warnke noted that the summary prepared by Box Elder County will be available online and the link could be forwarded to anyone asking for information. If you choose to have an individual conversation you would need to switch to your personal email account.

The County Clerk could impose a Civil Fine of up to $250 for the 1st violation and $1,000 for any subsequent violations of the State law. Manager Warnke explained that the City can put out factual information but it may be best to let Box Elder County be responsible for the summary. Mayor Fridal also thought it would be best to let Box Elder County do the summary. Manager Warnke thought it would be best for the City to take a neutral position and encourage residents to vote. Councilmember Holmgren wondered if Box Elder County has posted the summary online yet.

Motion by Councilmember Doutre to move into Closed Session. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Rohde – aye, Councilmember Wood – aye, Councilmember Reese – aye, Councilmember Doutre – aye, Councilmember Holmgren – aye. Motion approved.

The Council moved into closed session at 6:44 p.m.

3. Closed Session:
a. Strategy session to discuss the purchase, exchange, or lease 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.

The Council returned to open session at 7:04 p.m. by consensus of the Council.

The meeting adjourned at 7:05 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the September 1, 2015 City Council Meeting to order at 7:09 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Wood, City Manager Shawn Warnke, and Recorder Darlene S. Hess. The following Department Heads were also present: Police Chief David Nance and Treasurer Sharri Oyler (left at 7:30 p.m.). Also in attendance were: City Attorney Dustin Ericson, and Code Enforcement Animal Services Officer Greg Horspool.

1. Opening Ceremony:

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

2. Introduction of guests:

Mayor Fridal welcomed all in attendance.

3. Approval of Agenda:

Mayor Fridal asked if there were any changes or corrections to the Agenda. No comments were made.

Motion by Councilmember Holmgren to approve the agenda of September 1, 2015. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Wood – aye. Motion approved.

4. Approval of minutes – August 18, 2015:

Mayor Fridal asked if there were any changes to the minutes. There were no comments.

Motion by Councilmember Reese to approve the minutes of August 18, 2015. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Wood – aye. Motion approved.

5. Public comments: Comments limited to three minutes:

There were no public comments.

6. Hearing:

Mayor Fridal called a Hearing to order at 7:12 p.m. to consider the revocation of the business license of My Style. Manager Warnke explained the difference between a Public Hearing and a Hearing. A public hearing is when the public is invited to express their views and comments on a specific topic. A hearing is between the City and the invited individual, in this case, My Style.

a. Wherein the City Council may formally consider the revocation of the business license of My Style (located at 980 West Main Street) pursuant to Title 9, Licensing, Control and Regulation of Business and Construction, Chapter 9-100 Licensing, Control and Regulation of Business, Chapter 9-120 Revocation or Denial of Business License of the Revised Ordinances of Tremonton City where allegations of violation exists, or in this case a conviction of a criminal violation.

The Council invited Melissa Johnson (standing in for Cassidy Snell, the owner of My Style) to sit at the front table with Attorney Ericson during the Hearing. Attorney Ericson gave Ms. Johnson an outline of the events that will occur tonight. The City will be presenting an opening statement regarding why we are here tonight and why the City needs to consider revoking the business license of My Style. Ms. Johnson will then have the ability to comment or give an opening statement on behalf of My Style. After which, evidence will be presented to the Council as well as witnesses being called. Again, during that process, Ms. Johnson will have the opportunity to question any witnesses that are called