TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

AUGUST 1, 2017

Members Present:
Diana Doutre
Lyle Holmgren
Jeff Reese
Bret Rohde
Lyle Vance (by phone)
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder

CITY COUNCIL WORKSHOP

Mayor Fridal called the August 1, 2017 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, Reese, Rohde, and Vance (by phone), City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief David Nance, and Treasurer Sharri Oyler.

The following agenda items were discussed out of order

1. Discussion of a new mobile home park utility services billing and collection agreement for the Town and Country Estates Mobile Home Park and the City installing water meters within the Town and Country Estates Mobile Home Park

Director Fulgham explained that the Town and Country Estates Mobile Home Park has had a different agreement for years, which often causes the City headache. Since enacting the new tiered water rate, he felt it would be beneficial to update their agreement so they pay and conserve just like everyone else. The current arrangement is unfair to other residents.

In the 70s, Town and Country paid a $100 water fee for their outdoor water and park use. The City billed the residents, but since there are not individual meters, the City could not disconnect one person without shutting down the whole complex when a payment was not made. Due to this, Treasurer Oyler has been unable to have repercussions for delinquent payers. Treasurer Oyler faces these problems every month.

A new agreement was made by former Mayor Weese and former Manager Woodworth with representatives of Town and Country. The City would bill the owner based on their water meter reading, divided by the amount of allotted water, times the service charged. This still gave them a leg up on the City, but at least City staff didn’t have to worry about disconnection.

Director Fulgham said the new tiered water rate does not affect residents in Town and Country so they have no incentive for conservation. He explained that in the winter months, their water usage is sometimes two or three times as high because they are not metered.

City staff agreed an updated agreement was necessary. They have been working with Carl Liljenstolpe, the owner of Town and Country, who would like to have the area metered, but does not want to pay that installation cost. He would also like the City to take over billing the utilities. However, he is okay with doing the disconnection work if bills have not been paid. The City would just have to send Mr. Liljenstolpe a list of those customers and he will be responsible to recoup that fee.

Director Fulgham said they are pursuing this option, but wanted the Council’s direction. Cost will be about $50,000, however, at Town and Country’s current water use, the City could recoup that cost within three years. It may take longer if the residents’ curtail their water use, but that will help the City’s overall goal of conservation. Mayor Fridal and the Council agreed this was a win-win situation and would get rid of a headache. They also will not have to take anybody to small claims court.

The City will own the meters and be responsible for their installation and necessary repairs. They will not own the infrastructure that runs under the mobile homes. A third party will be hired for that. The City will also bill for garbage and recycling collection, which Mr. Liljenstolpe is making a requirement to those residents. The City will drop off the cans and Mr. Liljenstolpe will place them. The City has also recently started billing these residents for storm drain.

Councilmember Vance asked if they have secondary water in that area. Director Fulgham said Mr. Liljenstolpe has some that he uses and has four and a half shares for the whole park. Mr. Liljenstolpe’s new expansion for the RV portion will have secondary water, which he has the shares for.

They will have to amend the water meter budget a bit, but the Council felt this was something that should be pursued.

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

Discussion of Resolution No. 17-40 and Resolution No. 17-41. Manager Warnke said Resolution No. 17-40 would adopt the plan, setting a policy for the City to pursue. The second resolution, No. 17-41, gives City staff the go ahead to move forward and prepare items, which will be brought back for the Council’s review for approval to implement the plan.

Engineer Chris Breinholt has made some amendments and adjustments, but a few more items may be added for clarification. The plan also talks about exacting water shares and calculation based on conversations with representatives from the Bear River Canal Company. The Canal Company irrigates undeveloped property and has a current policy for water shares per developable acre, which is one share for every acre. At this point, it is the one to one policy, but that could be less in the future.

Director Fulgham said what the Canal Company currently requires is what we have to go by until that policy is changed. Councilmember Holmgren said that is something we have to seriously look at. The one to one ratio is clearly more than the City needs for that kind of ground. Director Fulgham said their study shows 62% per acre in the first draft, but they have to go with the one to one ratio until the Canal Company says otherwise.

Although they cannot make the Canal Company change this ratio, the City is relying on the hope that a change could be made. They will have them look at the policy and consider sprinkle irrigation for development standards versus flood irrigation for agricultural. Director Fulgham said we cannot reduce it until they say we can.

Councilmember Doutre was concerned about gaining enough water shares and is hesitant about putting so much money, time, and effort into something that is uncertain. Councilmember Holmgren said this ratio is important to consider because the City might need significantly less water than what that ratio would provide. However, he said, this needs to be adopted so they can get information out to developers about the secondary water system and the need for infrastructure and water shares.

Councilmember Doutre is worried about not having the water after the infrastructure is installed. Councilmember Holmgren said that is a valid question because shares are not easy to come by. He even questioned the 62% water share per acre, feeling it would have to be less. Director Fulgham said they would not be able to go less than 62% because that is what the study shows will be needed. The City needs about 2,500 shares to build out the 13 service areas, but they will not do all of them at once. They have 136 shares, which should be enough to build out service areas 1, 2, and 3. However, they would like to gain enough to do 1 through 5. Mayor Fridal said we have a lack of water shares and need to start picking them up when the opportunity arises.

Councilmember Holmgren questioned how the City would go about dealing with the excess shares if it stays at the one to one ratio, but then is reduced in the future. Director Fulgham said if the Council passed the resolution, he would have permission to visit with the Canal Company and start that process. He said the manager and the Canal Company board president are up for it, but he does not know how the rest of the board members feel about adjusting that ratio.

Councilmember Holmgren said he has a hard time with the one to one ratio. It is taking more than the City needs. Manager Warnke said the Council could adopt an exaction that is less than what the Canal Company has, but would not necessarily recommend that. If they are able to come to an agreement and change that ratio down the road, then the Council could look into giving those developers a credit. Director Fulgham said the City would work with developers so they are not taking more than is needed. The City wants those shares, but don’t want to gouge the developers and take more than is required. Manager Warnke said he does not want to throw stuff out to the developers that are more dreams and wishes than reality. The City should lay out what the reality is, which the one to one ratio is, and then if we are able to adjust, then the Council can talk about how we go back and handle that.

Councilmember Vance asked if the City has checked with other municipalities to see what they are doing. Director Fulgham said he has, but has not got a response. However, Tremonton’s situation may be unique compared to others.

Councilmember Vance said if there are not enough water shares, the City is not going to pull the trigger on infrastructure until they have them. He wants them to set a policy to own the water rights before infrastructure is put in, so the rental pool could not diminish underneath them during production of the system.

Councilmember Rohde said they need an ordinance in place so when developers come in and buy land, they will be required to put in secondary water. Councilmember Holmgren agreed, but said they need to make it clear that the one to one ratio is a concern and will need to be addressed.

Discussion of Resolution No. 17-42 for a cooperative agreement between the City and UDOT for storm water improvements. Manager Warnke said they met with UDOT on March 8, and the Region Director verbally committed to pay for the piping costs associated with the project. Since that time, Engineer Breinholt has been designing the project. The cost is estimated at $541,000 with $211,000 being associated with piping cost.

Manager Warnke said UDOT is not necessarily required to participate and that is why this is a gracious offer. When they came back with the documents, plan, and cost estimates, UDOT said it was higher than they had thought. UDOT is considering funding in phases, with a reimbursement agreement up to the maximum of $211,000 or the actual cost, whichever is less. Manager Warnke suggested the Council adopt the template agreement and accept whatever UDOT is able to contribute.

Director Fulgham said the total project cost is about $200,000 less than they originally thought. He told the Council to keep in mind that this cost is the engineer’s estimate and still needs to be bid out. They hope to get several competitive bids and have work begin this winter into spring of 2018.

Manager Warnke hopes the Council will approve the agreement knowing they are still working out the final agreement and numbers with UDOT. The plan is to use some of the storm drain funds and can do an interfund loan. It will also be paid back through impact fees and development in that area.

Discussion on construction of Garland City’s Sewer Collection System and Wastewater Treatment Plant. Councilmember Reese said according to Director Fulgham’s letter, Garland City is still using 55% of Tremonton’s capacity. He asked how much longer until that starts going down. Director Fulgham said he talked to Rupp’s Trucking, who said the big increase is due to construction. They are keeping track of homes that have a sump pump hooked into the sewer system. He said until they get a handle on those people, it will not go down. Also, when they flood irrigate fields, it is going into trenches and impacting pipelines, flowing down into the sewer system.

Councilmember Doutre asked about their completion date. Director Fulgham said summer of 2018 was proposed, however, they have not started construction on the treatment facility. He thinks it could be closer to winter of 2018 to spring 2019. The Council would like to receive an update from Garland so they can move forward. Director Fulgham said they are wrapping up the Capital Facility Plan without Garland and the impact fee portion is about done. They will discuss that at the next Council meeting.

Chief David Nance said the Police Department is updating the fee schedule to their Animal Control Agreement with surrounding municipalities. It is the same thing they have done every year, they are just updating it with the new fee schedule.

The Council also asked Director Fulgham about the City’s water level. He said it is good and he has sent out a report of water use from last year compared to this year, which has not changed much. It has gone up a bit due to growth, the heat, and a recent leak.

The Council did not go into closed session at this time.

3. 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; 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
d. Discussion regarding deployment of security personnel, devices, or systems

Please note that any agenda item listed on the 6:00 p.m. City Council Workshop may be discussed in the 7:00 p.m. City Council Meeting

The meeting adjourned at 6:53 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the August 1, 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 Doutre, Holmgren, Reese, Rohde, and Vance (by phone), City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Parks and Recreation Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief David Nance, and Treasurer Sharri Oyler.

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 Director Fulgham and the Pledge of Allegiance was led by Director Christensen.

2. Introduction of guests:

Mayor Fridal welcomed those in attendance, including a group of scouts.

3. Approval of Agenda:

Motion by Councilmember Holmgren to approve the agenda of August 1, 2017. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

4. Approval of minutes – July 18, 2017

Motion by Councilmember Reese to approve the minutes of July 18, 2017. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes.

There were no public comments.

6. Updates and Coordination:

a. Construction of Garland City’s Sewer Collection System and Wastewater Treatment Plant- Garland Mayor Todd Miller (if available)

Garland Mayor Todd Miller was not available.

7. Council Business:

a. Discussion and consideration of approving Resolution No. 17-40 adopting a Secondary Water System Capital Facilities Plan July 2017

Councilmember Holmgren told those in attendance that the City is planning to incorporate a secondary water program for residents. If things go as planned, they will be able to preserve culinary water by using canal water for irrigation purposes.

Director Fulgham explained that the City has been working on this for about a year and it has evolved over time. They decided to do mini pumping stations for 13 service areas. They originally looked at an open reservoir on the hill, but now plan to use the canals as the reservoir.

Manager Warnke said if the Council is to approve this resolution, he would suggest they allow some flexibility as they finalize the plan with the City Engineer.

Motion by Councilmember Holmgren to adopt a Secondary Water System Capital Faculties Plan for July 2017 and give the Land Use Authority Board and Manager Warnke some flexibility as they make adjustments to this facility plan. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving Resolution No. 17-41 initiating formal proceedings to amend the Tremonton City Land Use Code to enact requirements for new development to include secondary water systems as an improvement and provide water shares to the City for secondary water

Councilmember Doutre asked when this would go into effect for developers. Manager Warnke said any new applications would be affected. From this minute forward anything that is approved by the Land Use Authority Board will need to comply.

Motion by Councilmember Reese to approve Resolution No. 17-41 amending the Land Use Code to enact requirements for new development to include secondary water systems as an improvement and provide those water shares. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

c. Discussion and consideration of approving Resolution No. 17-42 a Cooperative Agreement between the Utah Department of Transportation and Tremonton City for storm water improvements on Main Street (State Road 102) between Country Club Drive and 2000 West

Director Fulgham explained that some of the flooding issues earlier this year were due to the inadequacy of the drain system along Main Street. There has been growth in that area and inadequately sized pipes were installed. This project will replace and upgrade the storm drain system from the corner of 2000 West to County Club Drive (the road to the golf course), allowing this area to better handle the water that flows from the north and gets cutoff by the freeway, especially during a 100-year event. The water will go under the State road, to the south side of Main Street and to the west of I-15.

The engineer’s estimate is $541,000. The City is working with UDOT, who will take on a portion of that cost ($211,000). Manager Warnke said the City is working with the Region Director to finalize participation. Manager Warnke recommended the Council approve the agreement knowing that whatever they participate on, the City is better off than it would have been. The City had budgeted about $350,000 for a similar project in the 2018 fiscal year.

Councilmember Reese said something needs to be done so this does not happen again. Manager Warnke said they will report back when they have this agreement finalized and will start preparing bid documents.

Motion by Councilmember Reese to adopt Resolution 17-42 a cooperative agreement between UDOT and the City for storm water improvements on Main Street between Country Club Drive and 2000 West. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

8. Reports & Comments:

a. City Manager Reports and Comments
b. City Department Head Reports and Comments

1. Animal Control Agreements with Surrounding Municipalities- David Nance, Police Chief

No further discussion was held at this time

c. Council Reports and Comments

Councilmember Doutre said she has received some complaints about the maintenance of park bathrooms. She looked at three of the parks and said some work does need to be done and garbage cans need to be available.

On a positive note, Councilmember Doutre is really proud of Tremonton City and the way they put on their City Days event. It was fabulous. She was hearing all kinds of wonderful things about it.

Councilmember Holmgren seconded Councilmember Doutre’s comment, saying, they did a great job putting that all together. That is a lot of work.

Councilmember Rohde echoed those comments, adding kudos to Director Christensen.

Mayor Fridal said the Chamber of Commerce has asked him and the Council to participate in a lip sync battle against Brigham City’s Council during Peach Days. They are excited.

The Council moved into a closed session at 7:21 p.m.

Motion by Councilmember Doutre to move into closed session. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

9. 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; and/or
c. Strategy sessions to discuss pending or reasonably imminent litigation
d. Discussion regarding deployment of security personnel, devices, or systems

Motion by Councilmember Reese to return to open session. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council returned to open session at 8:15 p.m.

10. Adjournment

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

The meeting adjourned at 8:15 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 15th day of August, 2017.

 

Linsey Nessen, City Recorder