City Council Minutes 6-21-16 2016-11-01T09:54:45+00:00

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
June 21, 2016

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

CITY COUNCIL WORKSHOP

Mayor Fridal called the June 21, 2016 City Council Workshop to order at 6:01 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, Rohde, and Vance, City Manager Shawn Warnke, and Deputy Recorder Linsey Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Library Director Kim Griffiths, Police Chief David Nance, and Zoning Administrator Steve Bench. Councilmember Reese was excused.

The following items were discussed out of order.

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

The Council reviewed the June 21, 2016 Agenda with the following items being discussed in more detail:

Annual Budget. Manager Warnke said there are some changes from the preliminary budget, including some in the Recreation Department. They will create and hire a part-time recreation coordinator, which would free up Zach LeFevre to do more community events and media. Director Christensen has finished his schooling and needs a new job title and progressive responsibilities. He will work directly with the Senior Center, Library, and Food Pantry to promote and coordinate activities.

It is proposed that $80K be moved to the RDA for façade and sign improvement grants. There has been talk with the owners of Jim and Dave’s regarding their sign. The Jay’s sign is a landmark.

The City needs to purchase a gurney for the new ambulance. The cost is around $18K for a power assist, 1,000 pound capacity gurney.

Manager Warnke remarked that the City can only have 25% of the upcoming years’ anticipated revenues within the General Fund for reserves. Anything above the 25% is transferred to the Capital Project Funds. The City recently created a Transportation Project Fund. There are three (3) transportation projects that will be coming up in the next couple of years. The funds transferred will go toward helping with these types of projects.

Councilmember Rohde asked if some of the funds can be used to help pay for the sewer plant upgrades. Manager Warnke noted the funds can be shifted. It was noted that the Enterprise Funds for utilities are operational for capital needs. Funds in General Funds can be used for anything.

Finance Director Curtis Roberts gave Manager Warnke the following suggestions before the meeting:

• Move $100 from the Do Not Use Account
• Eliminate the transfer of $200K from Fund 40 to Capital Projects

The Council moved into closed session by consensus of the Council at 6:02 p.m.

2. CLOSED SESSIONS:

a. Strategy session to discuss the purchase of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms
b. Strategy session to discuss the character, professional competence or physical or mental health of an individual

The Council returned to open session at 6:41 p.m.

The meeting adjourned at 6:52 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the June 21, 2016 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, Rohde, and Vance, City Manager Shawn Warnke, and Deputy Recorder Linsey Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Library Director Kim Griffiths, Police Chief David Nance, and Zoning Administrator Steve Bench. Councilmember Reese was excused.

1. Opening Ceremony:

Mayor Fridal informed the audience he had a request to participate in the Opening Ceremony next City Council. 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 Director Fulgham and the Pledge of Allegiance was led by Deputy Recorder Nessen.

2. Introduction of guests:

Mayor Fridal thanked those in attendance and welcomed Kevin Christensen from the Bear River Health Department. He thanked Jessica Tanner from The Leader for coming and noted she always does a good job.

3. Approval of Agenda:

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

Motion by Councilmember Doutre to approve the agenda of June 21, 2016. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

4. Approval of minutes – June 7, 2016:

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

Motion by Councilmember Vance to approve the minutes of June 7, 2016. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes:

There were no public comments.

6. Years of Service:

a. Five years of service – Kathleen Hess

They will get the award to Ms. Hess later as she could not attend the meeting tonight. Mayor Fridal said he appreciates the service Ms. Hess has provided to the City. The City has a great group of employees.

7. Public Hearing:

Mayor Fridal called the Public Hearings to order at 7:05 p.m. to consider adopting the Annual Implementation Budget for 2016-2017 and to amend the Annual Implementation Budget for 2015-2016. There were six (6) people in attendance.

a. To consider adopting the Annual Budget entitled “The Tremonton City Annual Implementation Budget 2016-2017 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s)”, for the period commencing July 1, 2016 and ending June 30, 2017

b. To consider adopting amendments to the Annual Budget entitled “The Tremonton City Annual Implementation Budget 2015-2016 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s)”, for the period commencing July 1, 2015 and ending June 30, 2016

There were no public comments. Mayor Fridal closed the Public Hearings at 7:05 p.m.

8. New Council Business:

a. Discussion and consideration of approving Resolution No. 16-31 adopting the annual budget entitled “The Tremonton City Annual Implementation Budget 2016- 2017 (General Fund, Capital Fund(s), Enterprise Fund(s), and Special Fund(s),” for the period commencing July 1, 2016 and ending June 30, 2017

Councilmember Vance asked if funds can be moved to another fund once they have been marked for a specific fund. Manager Warnke stated funds can be moved from Capital Funds. Enterprise Funds cannot be transferred out without going through the public hearing process. This resolution approves funds for next fiscal year while the next item approves amending this fiscal year budget and transferring funds.

Motion by Councilmember Holmgren to adopt Resolution No. 16-31 and adopt the annual budget. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving Resolution No. 16-32 amending the budget entitled “The Tremonton City Annual Implementation Budget 2015- 2016 (General Fund, Capital Fund(s), Enterprise fund(s), and Special Fund(s),” for the period commencing July 1, 2015 and ending June 30, 2016

This item amends the budget for this fiscal year and appropriates reserves. Manager Warnke commented there are a few other changes that will be amended on the budget based on Finance Director Robert’s suggestions.

Motion by Councilmember Rohde to approve Resolution No. 16-32. Motion seconded by Councilmember Holmgren. Councilmember Rohde amended his motion to include the changes mentioned. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

c. Discussion and consideration of approving Resolution No. 16-33 adopting the Certified Tax Rates for the 2016 Property Tax Year

Councilmember Vance asked how much of an increase the Certified Tax Rate will bring to the City. Manager Warnke explained the City is required by State Law to declare if taxes will be increased. Several months ago the City approved a letter to be sent to the County Auditor saying Tremonton City was not going to increase taxes and would adopt the certified tax rate. Tonight the Council is adopting the Certified Tax Rate.

The Auditor, in conjunction with the Tax Commission, reviews revenue from last year and evaluates and adjusts the rate to meet the revenue. It should deliver the same amount of revenue as last year. The Certified Tax Rate is applied to new growth. The RDA (Redevelopment Agency) use to capture property tax but the Freeway Interchange Project Area has been dissolved so the money will now come to the City. The Certified Tax Rate applies to personal and real estate property.

Motion by Councilmember Vance to approve Resolution No. 16-33. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of approving Resolution No. 16-34 adopting the revised Tremonton City Compensation and Classification Plan

Manager Warnke noted this will amend the Compensation Plan based on COLA (Cost of Living Adjustment). It will change the City Recorder’s pay range to be in line with the majority of the Department Heads. Every few years Deputy Recorder Nessen has conducted a wage survey. Another survey will be done in the 2016-2017 fiscal year and possibly be implemented the following fiscal year.

Motion by Councilmember Doutre to approve Resolution No. 16-34 and adopt the revised Compensation Plan. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of approving Ordinance No. 16-14 adopting an ordinance that amends Title II Subdivision Ordinance of the Tremonton City Corporation Land Use Code, Chapter 2.07 Lot Splits

Zoning Administrator Bench noted the current City Code requires everyone to hook to the sewer system. There are areas in the City that are anywhere from ¼ to one (1) mile or more from the sewer system. There is an individual that would like to split a lot and build a home but the cost to put in the sewer line would be three (3) times what it costs to build the home. After consideration and reviewing other cities codes, it was decided to create a lot split ordinance. If the lot meets the requirements of the ordinance, the property can be divided a limited number of times. Water lines are much more abundant in the City than sewer lines.

Councilmember Vance asked for clarification that the homes in question are generally where we have water lines but the sewer lines are too far away to connect. He asked if there are clear guidelines about how many times a property can be split. Councilmember Holmgren asked about County Health Codes regarding septic tanks. Zoning Administrator Bench said the County requires a ½ acre parcel for each home with a septic tank that is connected to municipal water. If there is a well or another type of water source, the homes must be on 1 ½ acres.

Section 2.07.035 B. relates to the density. It states it must have a density no greater than one (1) dwelling unit per four (4) acres with a maximum of five (5) dwellings per original parcel. The property in question is about ten (10) acres, meaning they could split it one time and have two (2) lots or homes. If they wanted to split it a third time they would have to run a sewer line. If the original parcel is twenty (20) acres, they could split it five (5) times.

The lot does not need to be a minimum of four (4) acres. The home could go on a ½ acre lot depending on the zoning, but the original parcel must have four (4) acres per home. Each home will need to go off the development code. Councilmember Holmgren asked if one lane could serve two (2) people. Zoning Administrator Bench stated a flag lane can only service one (1) home, but a private lot lane can serve up to four (4) homes.

This Ordinance allows someone to split a lot and put in a septic system. They will have to go through the Land Use Authority Board to split the lot. Director Fulgham noted they would also need a permit from the Health Department for a septic tank. Councilmember Rohde said that once sewer is available they would need to hook up. Councilmember Vance asked if the City can require them to hook up. Zoning Administrator Bench said the Code is based on State Law that says if a home is within 300 feet of the sewer system they must hook up to the sewer.

Councilmember Doutre said the public should be notified before the City enacts an increase for the sewer, especially if their home is required to hook to the City’s sewer system. Director Fulgham said there is a public hearing before an increase but they could also send out letters. The City has not forced people to hook on even though they are within the 300 feet. There are special circumstances that come up.

Director Fulgham said this Ordinance would not help with a full fledged subdivision but would allow parents that want to give land to their kids an opportunity to build without the expense of putting in a sewer line. Zoning Administrator Bench commented that it does not change any other codes. If a proposed home is within 300 feet of a sewer line, they must connect to the sewer system.

Manager Warnke noted there has been a lot of time spent on this topic. The Land Use Authority Board (LUAB) discussed it in depth. When permits are issued, the City has the opportunity to exact improvements based on proportionality and the impact of the development. City Attorney Ericson has been contacted about having language that could be applied at a later date.

Councilmember Vance asked how the City can require a homeowner to connect to the sewer system ten (10) years down the road when the sewer is within 300 feet of their home. Zoning Administrator Bench said homeowners have been given the choice when the sewer system reaches 300 feet. Manager Warnke said this Ordinance will collect some fees up front but not Impact Fees. The Ordinance proposes that a notice is recorded but it will still be a shock for homeowners to have to pay to connect at a later date. It is up to the City as to how far to push homeowners to get connected once the sewer is within 300 feet. The issues have been discussed at length in the LUAB. There are pros and cons to each side.

Manager Warnke said there is a Fee-in-Lieu that will be collected for streets, curb and gutter, sidewalks, and storm drains. The money will be put aside to help with expense of construction at a later date. Councilmember Rohde asked how homeowners will feel if they pay the Fee-in-Lieu and there are still no improvements in fifty (50) years. Manager Warnke said the City use to do a deferment agreement with the property owners saying they would pay for improvements at a later time but the property had been sold several times before the City was ready to put in improvements and it came as a surprise for the new owners.

Councilmember Vance said paying a Fee-in-Lieu shifts the liability back to the City to do the improvements. It will end up costing the City a lot more than the Fee-in-Lieu collected by the time the work is done. He thinks it will be hard to keep track of the lot splits and hard to enforce without putting a lien on the property to help pay for connecting to the sewer when it gets there.

Manager Warnke said they tried to strike a balance because there are pros and cons to both sides. When there is rural development, people come in later and want sidewalks and streetlights. The Council could adopt the ordinance and see how it works and amend or repeal it at a later date if necessary. Manager Warnke said the City would have less of a chance of collecting any money if the fee was deferred.

Motion by Councilmember Holmgren to consider approving Ordinance No. 16-14 and amend the Title II Subdivision Ordinance on lot splits. Councilmember Rohde is still concerned about the Fee-in-Lieu but would like to let the individual start building. Manager Warnke would recommend they approve it and monitor it closely. The LUAB had some concerns but could see the benefits. The subdivision process would still go through the LUAB and if they see something alarming it would come back to the Council and suggest it be revisited or amended. Zoning Administrator Bench said the home the individual wants to build is a flag lot with thirty (30) feet of frontage. Motion seconded by Councilmember Rohde and added it should be watched closely, making sure they are not getting in trouble with the Fee-in-Lieu. Manager Warnke said he feels it is exaction not a Fee-in-Lieu. Fee-in-Lieu pays for a portion of the necessary improvements. The bigger issue will be the roads and acquiring the right-of-ways. Director Fulgham said the City is exacting frontage property for road width. The City will need to maintain the thirty (30) feet when it is built. Right now it will probably be a deeded piece of property in front of a home with the homeowner taking care of it like a park strip. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – nay. Motion approved.

f. Discussion and consideration of authorizing the disposal of three Senior Center vehicles used for the Meals-On-Wheels program

Manager Warnke said the new vehicles have been received and the old vehicles can be disposed.

Motion by Councilmember Vance to approve the disposal of three (3) Senior Center vehicles. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

g. Discussion and consideration of approving an appointment to the Tremonton City Library Board of Trustees

Library Director Griffiths asked for approval to appoint Kathy Wood to serve on the Library Board of Trustees.

Motion by Councilmember Doutre to approve Kathy Wood for the Library Board of Trustees. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

9. Comments:

a. Administration/City Manager Advise and Consent

Manager Warnke commented that on July 26th at 8:00 p.m. there will be a meeting for the City Council and the RDA. Mayor Fridal noted that is the night of the City party at his home. There will be a public hearing at the City Offices after the party.

b. City Department Head Reports

There were no reports.

c. Council Reports:

Councilmember Rohde stated that he likes the color logo Zach LeFevre worked on. He asked if the City will be participating in the Tour of Utah this year. Manager Warnke said we are not. They select different cities and this year they are in southern Utah. Mayor Fridal spoke with Mr. LeFevre and he said there is hope they will be back here next year.

Councilmember Rohde would like the City to purchase the property on the corner by the fairgrounds to put in a big welcome to Tremonton sign. Manager Warnke spoke to Ms. Robin Vanderhoof about buying it in the past. He will talk to Councilmember Rohde after the meeting.

Mr. Doug Adams would like to offer his 1953 car to the City with the proceeds going to the Food Pantry. He said there might be an issue of gambling since there is talk of a raffle. The car can be displayed at City Days, put in the parade, and at Wheat and Beat Days. Councilmember Doutre said the car could also be sold through an auction. Councilmember Rohde likes the idea of using it to promote the City. Manager Warnke has looked into it the issue and spoke to Chief Nance about it earlier in the day. Manager Warnke will also contact Attorney Ericson about the idea of doing a raffle. Councilmember Rohde said the car is valued at $15K. It is a very nice donation and is in pristine condition. It is a fifty (50) year anniversary Ford. Manager Warnke will try to have something for next City Council meeting so they can discuss the options.

Councilmember Doutre said people have talked to her about Tremonton signs at the Crossroads and where the road splits. The signs are very faded and look bad. Now the City has a new logo it needs to be utilized. Mayor Fridal asked if there was money available for signage. Manager Warnke said there may not be any set aside this budget but some can be appropriated for that purpose. Councilmember Doutre commented that the town is looking good and she is proud of it but the signs are old, tired, and worn out. There should be signs that look good. Councilmember Rohde asked if Mr. Jason Nessen could add some art to the signs. Mayor Fridal said they will work on improving the signs.

Councilmember Vance expressed gratitude to Zoning Administrator Bench, Director Fulgham, and Manager Warnke and anyone else that worked on the Lot Split Ordinance. They tried to figure out how to equitably handle the situation. Their work did not go unnoticed. Thank you for all you do.

Mayor Fridal said Karen Cronin from Perry City sent an invitation to Tremonton City to participate in their parade on, Monday, the 4th of July. The parade will be at 11:00 a.m. Mayor Fridal rode his motorcycle in their parade last year. If the Council participates they will need a banner to identify who they are. It would be good to support a sister community in the county.

10. Adjournment.

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

The meeting adjourned at 7:58 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 Cynthia Nelson.

Dated this day of 5th day of July , 2016.

Linsey Nessen, Deputy Recorder