City Council Minutes 2-7-17 2017-02-24T09:09:04+00:00

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
February 7, 2017

Members Present:
Diana Doutre – excused
Lyle Holmgren
Jeff Reese
Bret Rohde
Lyle Vance
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the February 7, 2017 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 Fridal, Councilmembers Holmgren, Reese, Rohde, and Vance, City Manager Shawn Warnke, and City Recorder Linsey Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Police Chief David Nance (arrived at 6:26 p.m.), and Treasurer Sharri Oyler. Also in attendance was Finance Director Curtis Roberts. Councilmember Doutre was excused.

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

The Council reviewed the February 7, 2017 Agenda with the following items being discussed in more detail:

Annexation – Val Stokes. Manager Warnke stated Val Stokes will be allowed to keep the two (2) accesses off 1000 North (this is different from the original resolution accepting the annexation petition). Mr. Stokes will dedicate the right-of-way. There was resistance from Rocky Mountain Power (RMP) to participate in the road or dedication of a right-of-way. The majority of the road falls on RMP’s property. When that property is annexed into the City, the City can exact the rest of the right-of-way. The road will be aligned according to the separation distance (from the power pole) requirements for RMP.

Annexation – Kirby and Malinda Rhodes. The City will exact a segment for a road from the petitioner. The City is working with Mark Allred to get a larger section dedicated. The road will be gravel until it is developed.

Audited Financial Statements. Finance Director Roberts noted the auditors expressed thanks to everyone involved with the audit. There have been several changes at the City with personnel and City staff does a good job. The auditors found no problems with the financial statements. City staff does well reviewing transactions. The auditors found two reversal transactions that did not follow the approval process and one set of minutes that were posted after the three (3) day deadline. Finance Director Roberts was happy with the findings. There was a lot of change going on with City staff and they handled it well.

Revise Title 14. Manager Warnke noted the changes to Title 14 reflect how the City is operating. There was conflicting and out of date language that was updated.

Ordinance No. 17-03 Questar Gas franchise. This franchise agreement formalizes terms of Questar using the City’s right-of-ways. Manager Warnke proposed a ten (10) year agreement and Questar countered for fifteen (15) years. There is usually a provision that they will move their facilities to accommodate a City road, etc.

Ordinance No. 17-04 amending sections regarding snow removal. Councilmember Reese agrees with the code to keep cars off streets. The part about clearing sidewalks within 24 hours is sometimes not feasible and enforceable. Chief Nance stated they receive several complaints that sidewalks are not clear and kids are walking in the street. This is not a violation they will go look for unless people call and complain. It helps to have an Ordinance to site when there is a problem. They discussed pushing snow onto neighbor’s yards. Chief Nance noted that as long as it is not bothering neighbors and the road is cleaned up, there is not a problem. If people call and complain, the Police Department will issue warnings.

Section 15-213 states there is to be no parking on public streets between 12:00 a.m. and 6:00 a.m. during December, January, and February. The code is not dependent on the weather. The Police Department issued several warnings, citations, and towed several vehicles over the last few snow storms. The penalty is an infraction. Manager Warnke stated the line in 15-213 stating it is a class C misdemeanor needs to be removed. Councilmember Vance wondered if there was language that could be included that would protect the City from litigation.

Resolution No. 17-03 Fee Schedule. Manager Warnke commented that the judge and City Attorney reviewed the schedule and recommended the severity be changed on some items. An infraction does not have the possibility of jail time and the judge has the ability to modify the severity and bail amount.

Road Projects. Manager Warnke noted Director Fulgham is getting bids for road projects. There will not be any road projects this year so the money that is appropriated will carry over to next fiscal year. Councilmember Reese would like to get bids on all six (6) road projects. It does not mean all projects will get done, but it gives the Council the option if the prices come in good. He stated the Roads Department might need to have a budget increase because the City is a little behind on road projects. Manager Warnke stated Director Fulgham also has a list of alleys he would like to rebuild in the Commercial District.

Councilmember Reese encouraged the Council to consider installing the road at 480 West Main Street to help with traffic congestion at Sandalwood. Councilmember Vance would like that road project added to the bid list.

Resolution No. 17-08 Professional Services Agreement with Aqua Engineering, Inc. Manager Warnke noted Aqua Engineering needs to go back and modify the Capital Facilities Plan, Impact Fee Facilities Plan, and Impact Fee Analysis. The City must be ready to treat phosphates and nutrients in 2020 regardless of capacity. It will be treated chemically to keep the cost down. Manager Warnke noted Director Fulgham gave his best guess when the City must do upgrades as 2028. This is based on Garland leaving the Wastewater Treatment Plant (WWTP). The City is getting close to capacity on solids handling. The Council would like to table this item until Director Fulgham is back in town. Councilmember Vance would like to have Zions Bank check with the State and see if they can get a definite answer about Garland City receiving the necessary permits for their WWTP.

Manager Warnke made a correction noting the judge left the severity for parking on the street during winter months as a class C misdemeanor. The other items discussed above regarding snow removal were moved to infractions.

The Council did not have a closed session.

2. CLOSED SESSION (if needed):

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
b. Strategy session to discuss the character, professional competence or physical or mental health of an individual
c. Strategy session to discuss pending or reasonably imminent litigation

The meeting adjourned at 6:57 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the February 7, 2017 City Council Meeting to order at 7:02 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 Holmgren, Reese, Rohde, and Vance, City Manager Shawn Warnke, and City Recorder Linsey Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Police Chief David Nance, and Treasurer Sharri Oyler. Also in attendance was Finance Director Curtis Roberts. Councilmember Doutre 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 Finance Director Roberts and the Pledge of Allegiance was led by Director Christensen.

2. Introduction of guests:

Mayor Fridal welcomed Val Stokes and Malinda Rhodes.

3. Approval of Agenda:

Motion by Councilmember Reese to approve the agenda of February 7, 2017. Motion seconded by Councilmember Holmgren. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

4. Approval of minutes – January 17, 2017:

Motion by Councilmember Vance to approve the minutes. Motion seconded by Councilmember Rohde. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes:

There were no public comments.

6. Public Hearing:

Mayor Fridal called a Public Hearing to order at 7:06 p.m. concerning annexation of property at approximately 2000 West 1000 North. There were 6 people in attendance.

a. Concerning the proposed annexation of real property and zoning of said real property. Real property is located at approximately 2000 West 1000 North owned by Val Stokes for Interstate Land Holdings, LLC (Tax ID No. 06-060-0093) located within the areas defined in the Master Policy Declaration for future expansion by Tremonton City

There were no public comments. Mayor Fridal closed the Public Hearing at 7:06 p.m.

Mayor Fridal called a Public Hearing to order at 7:07 p.m. concerning annexation of property at approximately 3105 West 1000 North. There were 6 people in attendance.

b. Concerning the proposed annexation of real property and zoning of said real property. Real property is located at approximately 3105 West 1000 North, owned by Kirby and Malinda Rhodes (Tax ID No. 05-055-0179) located within the areas defined in the Master Policy Declaration for future expansion by Tremonton City

There were no public comments. Mayor Fridal closed the Public Hearing at 7:07 p.m.

7. Employee Years of Service Award

a. Stacey Liechty, Senior Center Janitor – 5 Years

Mr. Liechty was not in attendance. Mayor Fridal noted Mr. Liechty is hard working and dedicated. He appreciates what he does for the Senior Center.

8. Presentations & Discussions

a. Audited Financial Statements for Fiscal Year 2016 – Curtis Roberts, Finance Director

Finance Director Roberts noted the auditors found nothing of consequence during the audit. He thanked City staff for a doing a good job. The City is well run based on financial transactions. There were no problems with internal controls and no significant non-compliance issues. Sales tax was up last year and the City set aside funds for the future. They transferred just shy of $500,000 into the newly created Transportation Capacity Fund and $80,000 to RDA #2 to help rebuild downtown. Treasurer Oyler gets tax reports from the State and enters it into a spreadsheet for the Council to compare with past amounts. Finance Director Roberts noted he can work with Treasurer Oyler and see about getting a list showing the top ten sales tax payers and see how much of the growth is coming from Tremont Center.

Manager Warnke noted that most cities our size do not have a separation and the auditors have teams that do the adjustments and another to do the rest. The City is lucky to have Finance Director Roberts. He does a lot of work on the financial statements and prepares for the audit. Mayor Fridal thanked Finance Director Roberts.

9. New Council Business:

a. Discussion and consideration of approving December Monthly Financial Statements

Motion by Councilmember Holmgren to approve the December Monthly Financial Statements. Motion seconded by Councilmember Vance. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving January Warrant Register

Motion by Councilmember Reese to approve the January Warrant Register. Motion seconded by Councilmember Holmgren. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

c. Discussion and consideration of accepting the Audited Financial Statements for Fiscal Year 2016

Motion by Councilmember Vance to accept the Audited Financial Statements for Fiscal Year 2016. Motion seconded by Councilmember Reese. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of adopting Ordinance No. 17-02 amending Title 14 Utilities of the Revised Ordinances of Tremonton City Corporation

Manager Warnke noted this item is for housekeeping and reflects the most up to date procedures and good practices. It also eliminated any conflicts that existed. Councilmember Vance likes that the changes are documented.

Motion by Councilmember Vance to adopt Ordinance No. 17-02 amending Utilities of the Revised Ordinances. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of adopting Ordinance No. 17-03 granting to Questar Gas Company a franchise for the construction, operation and maintenance of a gas distribution system in Tremonton City, Box Elder County, State of Utah

Motion by Councilmember Holmgren to adopt Ordinance No. 17-03. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of adopting Ordinance No. 17-04 amending the following sections of the Revised Ordinances of Tremonton City Corporation: 15-213 Parking Prohibited During Snow Removal; 11-361 Removal of Snow; and 11-362 Placing Trash or Other Obstructions in Streets, Gutters, Sidewalks

Chief Nance noted they rewrote 15-213 and modified 11-361 and 11-362. This would make it illegal to park on the street during December, January, and February from midnight to 6:00 a.m. This would help facilitate snow removal during those hours. This Ordinance is very similar to other ordinances along the Wasatch Front.

Motion by Councilmember Holmgren to adopt Ordinance No. 17-04 as it stands. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved. Manager Warnke noted garbage and recycle cans may be set out the day before collection and must be removed from the street the same day they are emptied.

g. Discussion and consideration of adopting Resolution No. 17-03 reaffirming, amending, and enacting new fees and fines in a schedule entitled Tremonton City Consolidated Fees and Fines Schedule including, but not limited to, amendments to the City Consolidated Bail Schedule

Manager Warnke commented the Judge and City Attorney reviewed the bail schedule and made adjustments to reduce the severity on some violations.

Motion by Councilmember Rohde to adopt Resolution No. 17-03. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

h. Discussion and consideration of authorizing City staff to bid upcoming road projects for construction in the summer/fall of 2017

Motion by Councilmember Reese to bid all six road projects and alley projects to see where we are and compare to our budget. He would also like to get a bid on 480 West Main Street to see if they can get it on the list. Motion seconded by Councilmember Vance. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

i. Discussion and consideration of adopting Resolution No. 17-04 approving Val Stokes for Interstate Land Holdings, LLC Pre-Annexation Agreement for Parcel Number 06-060-0093

Motion by Councilmember Holmgren to adopt Resolution No. 17-04 and approve Val Stokes Interstate Land Holdings, LLC Pre-Annexation Agreement. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

j. Discussion and consideration of adopting Ordinance No. 17-05 annexing real property, specifically, Parcel Number 06-060-0093 into Tremonton, Utah and zoning said parcel as manufacturing/Distribution (M-D)

Motion by Councilmember Reese to adopt Ordinance No. 17-05. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

k. Discussion and consideration of adopting Resolution No. 17-05 amending its Articles of Incorporation to include, specifically, Parcel Number 06-060-0093 into Tremonton, Utah

Motion by Councilmember Vance to approve Resolution No. 17-05. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved. Councilmember Rohde told Mr. Stokes he did a wonderful job handling the comments at the Planning Commission. He said it was tense and Mr. Stokes defused it really fast. Councilmember Holmgren and Reese noted they were happy to have his business in the City and wished him luck. Mr. Stokes thanked the Council for their comments.

l. Discussion and consideration of adopting Resolution No. 17-06 approving Kirby and Malinda Rhodes Pre-Annexation Agreement for Parcel number 05-055-0179

Motion by Councilmember Vance to adopt Resolution No. 17-06. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

m. Discussion and consideration of adopting Ordinance No. 17-06 annexing real property, specifically, Parcel Number 05-055-0179 into Tremonton, Utah and zoning said parcel as Residential District R1-20

Motion by Councilmember Rohde to adopt Ordinance No. 17-06 as outlined. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

n. Discussion and consideration of adopting Resolution No. 17-07 amending its Articles of Incorporation to include, specifically, Parcel Number 05-055-0179 into Tremonton, Utah

Motion by Councilmember Holmgren to adopt Resolution No. 17-07 as stated. Motion seconded by Councilmember Vance. Roll Call Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

o. Discussion and consideration of adopting Resolution No. 17-08 approving a Professional Services Agreement with Aqua Engineering, Inc. for the update and revision of an Impact Fee Facilities Plan, Impact Fee Analysis, and Capital Facilities Plan for Wastewater Treatment Plant previously prepared under Resolution No. 14-41

Motion by Councilmember Holmgren to table Resolution No. 17-08. Motion seconded by Councilmember Rohde. Vote: Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

10. Reports and Comments

a. City Manager Reports and Comments

No reports or comments.

b. City Department Head Reports and Comments

No reports or comments.

c. Council Reports and Comments

Councilmember Rohde thought City staff did a good job with all the snow removal. They worked very hard. Councilmember Reese agreed. Councilmember Rohde noted he has been touring businesses in town and there are some phenomenal businesses. They do great work and are world renowned for things they do. We are lucky to have them in our City.

Councilmember Vance said the Meals on Wheels program is great. Tremonton City subsidizes the program and the meals are good. He noted they are holding a seminar at the Senior Center Thursday. The City has great facilities.

Councilmember Holmgren thanked Linsey, Sharri, Shawn and Cynthia for all the work they do. He thanked Finance Director Roberts and appreciates all he does.

Mayor Fridal stated that about 50% of those that use the Senior Center are Tremonton residents. He noted that no other cities contribute. Mayor Fridal said City staff in the office is terrific. The City Councilmembers are the finest. They are dedicated and hard working. Across the board, we have a great City.

11. Adjournment.

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

The meeting adjourned at 7:43 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 Deputy Recorder Cynthia Nelson.

Dated this 21st day of February, 2017.
Linsey Nessen, City Recorder