December 1, 2015

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


Mayor Fridal called the December 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, and Wood, City Manager Shawn Warnke, and Recorder Darlene S. Hess. The following Department Heads were also present: Public Works Director Paul Fulgham, and Police Chief David Nance. Councilmember Rohde was excused.

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

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

Councilmember Doutre noted that Deputy Recorder Nelson does a great job with the minutes.

Agenda. Item 6a needs to be removed from the Agenda tonight.

Councilmember Doutre noted that the Annual Meeting Schedule for 2016 lists January 2015 at the bottom and it should read January 2017.

Ordinance No. 15-17. Parks and Recreation Director Christensen worked with a committee of Veterans that were working to refurbish the Veterans Memorial. The committee also worked on a process for individual names to be added. The process follows the original guidelines from the original committee that raised funds to construct the memorial but is a little more relaxed. Essentially, anyone that served their country can be added if they are from, or now reside in, the northern Box Elder County area.

Mayor Fridal asked how far south people can live and still be included on the Veterans Memorial. Councilmember Doutre noted that some people were upset because the Memorial at the Box Elder County Courthouse only includes names from people in South Box Elder County. The Veterans Memorial at Midland Square will be for anyone within Bear River High School boundaries. Manager Warnke commented that the Ordinance would extend to the following communities: Beaver Dam, Bear River City, Bothwell, Deweyville, Elwood, Fielding, Garland, Grouse Creek, Honeyville, Howell, Park Valley, Penrose, Portage, Promontory, Snowville, Thatcher, Tremonton, Washakie, and the surrounding areas of unincorporated Box Elder County.

Recorder Hess noted that anyone that currently lives in the above mentioned area, even if they served from other others, can be included on the Veterans Memorial. Manager Warnke stated there is a form to be filled out documenting the person’s eligibility and other information. Councilmembers Holmgren and Doutre remarked that the Veterans Memorial is a very good thing.

Resolution No. 15-47. Manager Warnke noted that Resolution No. 15-47 is a Development Agreement for a specific set of circumstances. City Code states that when property is subdivided for public benefit, the Council can delay the full right-of-way such as the improvements on 775 West. The City is obtaining property to be used for the Trailhead. The lot is a corner lot with no connection to other residential lots. There will be curb, gutter, and sidewalk but the asphalt improvements will be delayed until the next phase of that parcel is developed. It is meant to keep the development costs low as it is a really small phase and two of the lots are for the City’s acquisition so the City can move forward with the Recreation Trail Program grant to acquire property for a trailhead and building restrooms.

This development agreement will be recorded against the adjoining parcel of property. The right-of-way will be dedicated with Holmgren East Phase 4 plat so it will be a City right-of-way. There will be a covenant that will run and be recorded against the adjoining parcel of property that will make the next development or developer obligated to finish the improvements if the property is sold (adjoining parcel of property). There are economic benefits for the next developer as there will be additional lots that will adjoin the frontage. Councilmember Wood asked for clarification if the road in question is 775 East or 775 West. Councilmember Holmgren noted it is 775 East. Councilmember Doutre asked if any of the other lots in Phase 4 have been sold. Councilmember Holmgren said that the two north lots are sold but the two south lots are not. Councilmember Holmgren asked that Holmgren Properties, LLC be removed and changed to Holmgren Investment Company, LLC.

Resolution No. 15-48. Director Fulgham noted that every five (5) years the City’s Water Conservation Plan needs to be updated. The initial plan in 1999 was done by an engineer and did not contain material relative to the City. Director Fulgham re-wrote the plan in 2004-2005 and submitted it to the State. The State asked for some revisions to be made to the plan and was re-submitted and approved. The plan was again renewed in 2010. Information for the 2015 plan includes updates and shows the City’s ongoing efforts.

The plan shows a decrease in water usage from 2000 to 2005 of 11.93% and an increase from 2005 to 2010 of $29.6%. MOM Brands (now known as Post Consumer Brands) and West Liberty use 30% of the City’s total water which accounts for some of the increase along with growth in the City. Water usage from 2010 to 2015 was reduced by 7.75%. The reduction came from industries cutting back on water usage and thereby water treatment and citizen’s efforts to conserve water. Councilmember Holmgren asked about the projected population in 2030 of 10,852 and noted that seemed a little conservative. Director Fulgham explained that number came from the Impact Fee Studies which go off the Governor’s numbers and actual growth information obtained from Zoning Administrator Bench. Councilmember Wood congratulated Director Fulgham on his fifteen (15) year anniversary of returning to the City for employment.

Mayor Fridal noted that conservation can help but when there are more people living here and using the water supply what will the City do. Director Fulgham said the City will need more water sources. The City can purchase water, convert water from the canal and turn it into secondary water, and use more potable water from the springs. Councilmember Reese asked if the City ever received rights on the last well. Director Fulgham noted that the study regarding the well is still not complete. It was a five (5) year study that should have been finished by spring of 2015 according to Director Fulgham’s calculations. The City currently has water rights that can be transferred to another source. The City always needs water rights available for future growth. Councilmember Reese commented that Director Fulgham always looks to the future. Director Fulgham noted that the water rates are set so the City has not needed to borrow money for water projects since the metal tank was installed on the hill.

Director Fulgham said there is State and Federal money available but it comes with a lot of conditions. Mayor Fridal spoke of a city west of Ogden that had a $4M project a month ago that was funded through the Drinking Water Board with 2.5% interest. The City turned the money back in and sought different funding that cost less because of all the attached conditions. Councilmember Doutre asked if it is possible to put another tank on the same property. Director Fulgham said it would be possible. The tank on the east is set at the same elevation so the tanks will fill and drain simultaneously. The tanks on the lower west run that way while the upper tank is on a different zone. The east tanks will probably always be on the same level. The tanks on the west will need to be moved higher and higher as houses are built on the hill to help with water pressure. Councilmember Wood commented that the water is already over capacity as the tank went from the planned 1M gallon tank to a 2M gallon tank.

Mayor Fridal asked if Director Fulgham anticipated needing another 1.5M gallon tank. Director Fulgham said that if secondary water is developed from the canal, it will free up storage needed for everyday demand. The City has to meet the peak day demands of the summer for water storage and there is a required 144K gallons of water necessary for fire protection. Secondary water is cheaper to develop as it does not need to meet the EPA standards. The big cost for secondary water is infrastructure. The City currently owns a few shares that are leased back to the canal company. If the City develops secondary water, the City would need more shares.

Councilmember Reese asked if the City should be getting more shares when companies come in and use extra shares. Director Fulgham noted the City would need policies in place to do that. The City once required that from developers but stopped when the City slowed down doing secondary water and it was removed from the development standards. The Impact Fees now contain costs to help develop water. Councilmember Holmgren said that the canal company is not 100% on board and the City would need to run the utility if they went that direction. Councilmember Doutre stated that the base price the City charges for secondary water would need to change.

School Resource Officer. Chief Nance noted that the Police Department has been trying to have more of a presence at the schools. Box Elder School District (BESD) was contacted about having officers in the schools providing a little instruction and maintaining a good rapport with the students which can help curtail crimes before they occur. Students are more apt to talk to officers if they have a good relationship with them. BESD would like to have an officer in the schools for about seven (7) hours per week between the three (3) schools in Tremonton. The schools would inform the officers what they would like covered, like a DARE Program, etc.

BESD would reimburse the City for a portion of the officer’s time or $6K per year. An officer would need to be paid time and a half to be in the school during that seven (7) hour period. The City would pay about $5 per hour to cover the rest of the officers pay. There are grants available that Chief Nance will try to obtain to help cover the expense. Chief Nance would ultimately like to have an officer in the schools twenty (20) hours a week during the school year. Councilmembers Reese and Doutre stated it was a good idea to have the officers in the schools. Mayor Fridal wondered if the seven (7) hours would all be one day or spread out. Chief Nance thought it would be spread out through the week. The elementary schools would only use the officer about one (1) hour per week. Alice C. Harris Intermediate (ACHI) School has high risk classes and troubled kids where the officer would be utilized. ACHI said they could use the officer the whole time.

Garland officers are in Bear River Middle School (BRMS) and Bear River High School (BRHS). Tremonton officers could be a backup for the Garland officers. If there was an incident at either BRMS or BRHS, Tremonton officers would be involved and it would be nice to be a little prepared. Councilmember Wood asked how many hours the Garland officers are in the schools in Garland. Chief Nance replied that he thought BESD funds about ¾ of the Garland officer’s wage and are at the school almost full-time. School resource officers in Box Elder County generally are in the High Schools and Middle Schools. Chief Nance is trying to branch out to have officers in the elementary and intermediate schools. Councilmembers Doutre and Wood noted it is a good idea.

Resolution No. 15-49. Manager Warnke explained there have been several different iterations of the subdivision development agreement. The latest version has one new clause stating that if a development group has more than one individual, both individuals would be responsible for all terms in the agreement.

Resolution No. 15-50. Recorder Hess noted that Resolution No. 15-33 was brought before the Council and was approved for the annexation. When the Land Use reviewed it, there was one parcel that was not included that should have been. The petition and annexation Mylar were redone and the City is basically starting from scratch on the annexation. The Box Elder County recorders office checked the description and found it was okay to proceed. Manager Warnke noted that Resolution No. 15-50 is more of a clarification.

Resolution No. 15-51. Manager Warnke noted that Resolution No. 15-51 is a template subdivision development agreement which is being used for Holmgren Estates East. The City is purchasing two (2) lots. The City requires a chip seal fee in lieu and includes street lights. One item is a little unusual for moving forward. For the two lots the City will acquire under this development agreement, it is proposed that the City will be responsible for installing the sidewalk. Manager Warnke noted that he spoke with Director Fulgham about the labor to do the sidewalk. There will also be material costs for the concrete.

Mayor Fridal asked about the chip seal fee in lieu. Manager Warnke explained that developers are required to pay today’s value for the chip seal upfront. The amount required for 775 East is $1,800. Director Fulgham noted that when the City does the next chip seal project, the money will be there. It has been difficult to get developers to pay for the chip seal at the end of a development so it was changed to require developers to pay for the chip seal upfront. Mayor Fridal asked Councilmember Holmgren if it is harder to pay the fee upfront or at the end. Councilmember Holmgren said it is nice to have it out of the way as it is something that must be done regardless. Councilmember Holmgren thought that if the developers must pay today’s price for a chip seal, they should get the difference back if the prices go down.

Councilmember Wood stated the City had a problem getting developers to pay in the past when the developments were sold, as the new developer was not willing to pay the fees for the chip seal. This is a much better way to go. Director Fulgham noted that the price of chip seals usually goes up but it has gone down a little lately.

Councilmember Holmgren said the City is using the word bond. He would like it called a bond escrow or construction agreement. The bank told Councilmember Holmgren they weren’t sure where to look for a bond for a little project like this. It would be nice to change the wording or terminology a little bit. There is wisdom in doing it but getting bonded for a small project is a hard thing to do. Councilmember Wood commented that you can get bonded through an insurance company. Director Fulgham explained that the money sits in escrow. The City does not touch the money. When parts of the project are complete and the City has inspected them, the funds are released. Councilmember Holmgren does not want to have to do it through a bonding company. Director Fulgham said it is called a cash bond and noted it costs money to go through a bonding company.

Mayor Fridal asked incoming Councilmember Lyle Vance if he had a comment to add. Incoming Councilmember Vance commented that when it is called a bond, the bank has to handle it different and it costs a lot of money to do it legally. It would be easier on the bank to set up a prepaid expense site and let the City hold the funds and disperse them out. Director Fulgham said that developers don’t like to put the money upfront but would like a line of credit. Councilmember Holmgren asked if it could be set up like a construction agreement. Director Fulgham noted that developers do not like to have the money sitting in bank and not be able to use it.

Councilmember Reese asked what other cities call it. Director Fulgham said they call it an escrow bond or cash bond. Wellsville City does not require a bond but they do not allow you to record a lot until all the improvements are complete. If the City has a bond or security and a developer goes under and the lots are recorded, the City can be liable to do all the improvements. Councilmember Wood noted that if the funds are paid up front there is no need for a bond, it can be called escrow.

The meeting adjourned at 6:45 p.m. by consensus of the Council.


Mayor Fridal called the December 1, 2015 City Council Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, and Wood, City Manager Shawn Warnke, and Recorder Darlene S. Hess. The following Department Heads were also present: Public Works Director Paul Fulgham, Senior Center Director Marion Layne, and Police Chief David Nance. Councilmember Rohde was excused.

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 Holmgren and the Pledge of Allegiance was led by Councilmember Reese.

2. Introduction of guests:

Mayor Fridal welcomed Jessica Tanner from The Leader.

3. Approval of Agenda:

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

Motion by Councilmember Wood to approve the agenda of December 1, 2015 with the deletion of item 6a. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, and Councilmember Wood – aye. Motion approved.

4. Approval of minutes – October 20, 2015 and November 17, 2015:

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

Motion by Councilmember Doutre to approve the minutes of October 20th and November 17th 2015. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, and Councilmember Wood – aye. Motion approved.

5. Public comments: Comments limited to three minutes:

Jessica Tanner from The Leader said she has really enjoyed covering City Council. Ms. Tanner was hesitant at first but the Council has made it easy for her to attend. A journalist’s job is not easy. People comment when there are mistakes but not when you do a good job. The Council has always been very welcoming and accepting and Ms. Tanner enjoys covering City Council meetings. The Council told Ms. Tanner they appreciate her.

6. Request(s) to be on the agenda
a. Oath of office to the 2015 – 2016 Youth City Council

This item was deleted from the agenda.

7. Presentation:
a. Donation from Intermountain Health Care (IHC) for the development of the Holmgren Nature Preserve and Trail

Presenter did not attend meeting. Item skipped.

8. New Council Business:

a. Discussion and consideration of approving the Annual Meeting Schedule for 2016.

Motion by Councilmember Holmgren to approve the Meeting Schedule with the exception of changing the date at the bottom to January 2017 instead of January 2015. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, and Councilmember Wood – aye. Motion approved.

b. Discussion and consideration of approving Ordinance No. 15-17 approving criteria and processes for North Box Elder County Veterans to be honored and recognized by having their name appear on memorial plaques at the War Memorial at Midland Square

Manager Warnke explained there has been a small working group that has met to discuss ways to improve the Midland Square War Memorial regarding upkeep and maintenance. The group also helped formalize the process whereby additional names can be added to the War Memorial. The recommendation originated back to the first group that worked on raising funds for the War Memorial.

Motion by Councilmember Doutre to approve Ordinance No. 15-17 and the criteria. Motion seconded by Councilmember Wood. Roll Call Vote: Councilmember Wood – aye, Councilmember Reese – aye, Councilmember Doutre – aye, and Councilmember Holmgren – aye. Motion approved.

c. Discussion and consideration of approving Resolution No. 15-47 approving a development agreement between Holmgren Properties, LLC and Tremonton City for the complete development of public street 775 East to be dedicated with the Holmgren Estates East Phase 4 subdivision but fully improved with the further subdivision of parcel number 05-042-0111

Mayor Fridal asked Councilmember Holmgren if Holmgren Properties, LLC should be changed to Holmgren Investment Company, Inc. Councilmember Holmgren confirmed.

Councilmember Reese asked Manager Warnke if there was a discrepancy with the address. Councilmember Holmgren said it is listed as the correct address of 775 East on the Resolution.

Motion by Councilmember Reese to approve Resolution No. 15-47. Motio