TREMONTON CITY CORPORATION
CITY COUNCIL MEETING
September 15, 2015
Roger Fridal, Mayor
Shawn Warnke, City Manager
Darlene S. Hess, Recorder
CITY COUNCIL WORKSHOP
Mayor Fridal called the September 15, 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: Public Works Director Paul Fulgham (left at 6:18 p.m.), and Police Chief David Nance. Also in attendance was City Attorney Dustin Ericson.
These items were discussed out of order.
1. Review of agenda items on the 7:00 p.m. Council Meeting:
The Council reviewed the September 15, 2015 Agenda with the following items being discussed in more detail:
Public Comment. Mayor Fridal asked Councilmember Reese to be the timekeeper for the Public Comment period tonight. Manager Warnke noted that some cities will ask if anyone has comments that are different than what has already been stated tonight that can add to the conversation. Councilmember Wood stated that there could be one spokesman appointed. Councilmember Rohde remarked that Brigham City Council closes public comment period after 15 minutes. Manager Warnke noted that as the Chair, Mayor Fridal, has the discretion to handle the public comment period how he sees fit.
Attorney Ericson stated there is nothing on the Agenda that would allow for a change in the decision regarding the revocation of My Style’s business license. The Council can accept or reject the “Findings and Decision”. The only reason for rejection would if the “Findings and Decision” does not accurately state what happened at the September 1, 2015 Hearing. Regardless of public comments tonight, the only item for consideration regarding tattooing or My Style is the approval or rejection of the “Findings and Decision”. Legally speaking, the petition does not carry a lot of relevance other than the ability to possibly sway the Council to decide to legislate something. For a group of people to make a legislative change they would need to get it on the ballot. Recorder Hess noted that for it to be included on the ballot it would need to be submitted by April and would need to be in a municipal voting year which would not be for another two years. There is a procedure that must be followed to get a referendum out and it would be a couple years before it would qualify for an actual ballot.
Councilmember Wood asked if My Style was shut down after the revocation and how long before another business license could be issued minus the tattooing portion. Mayor Fridal commented that the license has been issued and signed. Chief Nance found that the tattooing equipment was removed from the premises of My Style before the salon was reissued a new business license.
Resolution No. 15-35. Manager Warnke noted that a year ago the Council adopted Resolution No. 14-24 which approved two land acquisitions. The first land acquisition was for the conservation easement and public access easement for fourteen (14) acres and set the terms for the second land acquisition for the trailhead. City staff applied for a grant through the Recreation Trails Program and was awarded $61K for the acquisition of property for a trailhead and construction of a restroom, parking lot, and kiosk. The grant has a 1:1 match and the funds must be used by September 2016. There grant has a few minor requirements such as the Buy America requirements and acknowledgement of participation in the program. In the past the City also received $20K from the LeRay McAllister Fund to help with the acquisition of the conservation easement and public access easement.
Manager Warnke noted that David Evans drew up a concept plan of the trailhead which was submitted along with the grant application. Manager Warnke explained that when the City acquired the Conservation Easement and Public Access, there was a temporary easement from the edge of the right of way to the trailhead property. The temporary easement will be released once additional phases of Holmgren East are recorded dedicating public streets. It is hoped that the next phase will be developed sufficiently to allow the City to acquire the corner Lot #115 and the adjacent Lot #114. The City could regrade a storm drain basin already dedicated to the City by the trailhead to provide additional property. Manager Warnke stated that the purchase price for Lot #114 would be $45K as established last year with Resolution No. 14-24.
Councilmember Rohde stated it would be a good idea to purchase Lot #114 for the trailhead which would give Lot #137 a little more privacy. Councilmember Wood noted that the plans also include playground equipment. Mayor Fridal stated that he and Councilmember Holmgren can do a lot of work grubbing out the trail once it is clearly defined.
Manager Warnke asked the Council for approval to move ahead with the wetland delineation and application for a construction permit from the Army Corp of Engineers. The preliminary wetland study noted some transitional wetland areas that need additional work to make a final determination of whether these areas are wetlands. It was proposed that Danny White finish the study with a cost of around $3K. Councilmember Holmgren noted that the trail goes in a circle for one mile. Garland City contacted Councilmember Holmgren about the possibility of extending the trail north into Garland. Manager Warnke stated there would also need to be landscaping done on the lots with some of the work being done by the Public Works Department. Manager Warnke will verify that some of the $61K match can be met with in-kind work.
Mayor Fridal noted that the Buy America guidelines may raise some of the original estimates associated with the project. Manager Warnke stated that Councilmember Rohde approached Intermountain Health Care (IHC) about participating in the trail project. It was noted that some parts of the trail will need to have an elevated walkway. Councilmember Holmgren explained that initially the walkway will be comprised of slag from Nucor Steel with a weed barrier below. Manager Warnke explained that the budget will be amended to allow for the acquisition of Lot #114 with funds being moved from the Capital Projects Fund to Fund 26.
Ordinance No. 15-13. Manager Warnke stated that the revisions in Ordinance No. 15-13 were proposed when City staff reviewed the language in the Revised Ordinance Book regarding the alterations made to the Fee Schedule during the summer.
2. Review of the road classification of 1000 North between Interstate 15 and Interstate 84 Paul Fulgham, Public Works Director
Director Fulgham explained that UDOT (Utah Department of Transportation) requires the City to classify roads. The four categories are residential, collector, minor arterials, and major arterials. The purpose of collectors and arterials is to move people. To qualify for Federal Highway Funds, improvements must be done on collectors or minor arterials while UDOT usually takes care of work on major arterials. Roads in Tremonton were reclassified a few years ago. Iowa String was part of a non-urban project in 1991 and is a collector road. Based on zoning in 2000, 1000 North was classified as a collector road to bring travelers into town from homes and the freeway. The 2000 West road was classified as a collector road before it was built and the City was able to utilize Federal Highway Funds. If a road is used to move people from area to area, it is a collector road, but if the road is used to move people through residential areas, it would be a local residential type road.
Director Fulgham explained that 1000 North is a collector road. There is currently a 66’ right of way on 1000 North. With curb and gutter, sidewalks, travel lanes, and turning lane there is no room for on-street parking. There would need to be an 88’ right of way to accommodate on-street parking. Councilmember Doutre noted there is no room for bicyclists on 1000 North with all the improvements. Director Fulgham commented that without on-street parking, there is not a worry of car doors opening and hitting bicyclists. The City could designate the road with signage to alert drivers to watch for bicyclists.
3. Report on Public Works Projects- Paul Fulgham, Public Works Director
a. Reconstruction of the Storm Drain Basin on 2000 West was put on hold after the rains in May. The project end goal date is the end of October or first of November. The work on the Storm Drain Basin can be complete when the ground is frozen if necessary.
b. Reconstruction of infrastructure in Melody Park is complete. There were new water mains and sewer laterals put in and the road has been paved. All the barricades and cones have been removed. There were about ten (10) individuals that took advantage of the discounted price to have laterals replaced from their homes to the curb. There were a lot of laterals that had been replaced previously. Three (3) homes applied and qualified for funding from the Neighborhood Non-Profit to help get laterals replaced.
c. Road Projects are all complete but the final bills are not in yet. Councilmember Reese noted that the roadwork by the Cemetery looks very nice. Director Fulgham stated that the City paid the County to do a chip seal and fog coat on the City’s section on 100 East by Palmer Pack, Inc.
d. Future Public Works Projects include the parking lot at the Public Works and Parks and Recreation facilities. The concrete work will begin soon but the actual parking lot will not be complete until spring so there are no issues with wet subgrade material. There are also curb and gutter projects going from Jeannie Stevens Park to the Golf Course and a fence project will be scheduled during the winter when things slow down. The entryway project improvements are scheduled with the signs at 1000 North and 1000 West being redone to make it more appealing. The Christmas light project will start in a month.
Councilmember Wood stated that DeLoy Rupp expressed thanks for the work by his road. Mayor Fridal noted that he received a letter from the Hodges praising and thanking Tremonton City for the work done in Melody Park. Director Fulgham noted that most people around Melody Park saw the work being done and understood that it would take time to complete and were patient even though the roads were very rough while the work was being done. The Council expressed approval of the road work completed this year. Councilmember Doutre commented that Norman LaBarge told her he was very happy with the outcome of the project. Director Fulgham stated that the City also did curb and gutter work in Melody Park and will probably be doing sidewalks next year.
Manager Warnke noted that the Council will be discussing a grant for a trailhead. The Public Works Department will be very involved with the work on the restroom facilities. Director Fulgham noted the restroom will be around $40-45K if the Public Works Department does the work or around $90K if it is hired out.
Councilmember Rohde asked about the City’s water levels. Director Fulgham explained there was high water usage in July but residents have slowed down on their lawn watering. Councilmember Reese asked if the no watering on Wednesdays has helped boost the water levels. Director Fulgham did not notice much of a difference on Wednesdays. The City turned off sprinklers using City water on Wednesdays but it is unclear the number of residents who discontinued watering on Wednesdays.
The meeting adjourned at 6:45 p.m. by consensus of the Council.
CITY COUNCIL MEETING
Mayor Fridal called the September 15, 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, 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. 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 Rodhe and the Pledge of Allegiance was led by Councilmember Wood.
2. Introduction of guests:
Mayor Fridal welcomed Kevin Christensen from the Bear River Valley Health Department (BRVHD) and the scouts attending City Council.
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 15, 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. Public comments: Comments limited to three minutes:
Cassidy Snell noted that she could not attend the Hearing at the City Council meeting regarding the revocation of the business license for My Style because of medical reasons. The Council did not get to hear her side of the story. Ms. Snell felt that the decision was based on what was seen on a piece of paper and what was heard. Ms. Snell understands that the Council felt betrayed but so does she. Ms. Snell stated that the Council was so quick to assume that she would do something intentionally to jeopardize her new business regardless of all the time, work, and money she put in it. A drastic decision was made without hearing both sides of the story and was unfair and saddened Ms. Snell deeply.
The due process of law is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away ones life, liberty or property. It is also a constitutional guarantee that a law shall not be unreasonable. The 5th Amendment states: nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb or without the due process of law. Ms. Snell stated that based on the above information she should have been heard and deserved to be heard. Ms. Snell thought that right was taken from her and she feels that a decision should be made in clear mind with both sides of the story.
Ms. Snell commented that she went before the judge who chose to give her another chance as he heard her side of the story and she had never been in previous trouble. Ms. Snell was charged for her offense and part of the punishment was a corrective action set up to ensure the well being of the shop and ensure that no other incidents happened. Ms. Snell believes that should have been her punishment and the judge’s decision should not have been pushed under the rug and immediately dismissed.
Ms. Snell stated she was not trying to justify what has been done and she takes full responsibility for her actions and blames no one but herself. Ms. Snell noted that she tried to contact the family of the minor and formally apologize but has not received a response from them. Ms. Snell explained that she was trying to defend herself and not let rumors or false information determine the end of My Style. Without body art in the facility, My Style will be just another salon and will not have the funds necessary to stay open.
Ms. Snell has proof of over 400 consent forms over the previous months. They include the prior three weeks that the BRVHD included in their notes stating My Style did not have them. The forms were there just not organized in the fashion the BRVHD wanted. Ms. Snell noted that the petition is not to go against any decision, just to show the support of the Tremonton population. Ms. Snell brought personal letters for the Council from members of the community. Ms. Snell asked the Council to consider looking at the letters and reconsider their decision.
Ms. Snell stated she is the same person as when she fought for the opportunity to do tattooing as well as fulfilling her promise to be an asset to the community. People visiting My Style come to Tremonton and purchased gas, food and other commodities. My Style gave multiple donations to more than ten fundraisers and benefits in the community and was in the newspaper for a suicide awareness project. Ms. Snell stated she would love to tell the Council her side of the story.
Diane Olson spoke for the mother of the minor that was tattooed at My Style. The mother is in an advanced training class and could not attend this evening. Ms. Olson noted that no apology was attempted by Ms. Snell. The only information Ms. Olson has heard regarding the case is that the minor was almost 18 years old. If that were how things worked, then people caught for underage drinking could say it was okay because they were almost 21. Ms. Olson stated that she agreed with the Council’s ruling and the temporary hold on tattoo parlors is necessary. Ms. Snell knew she was being given a probationary period and would be watched. To give a tattoo to someone who is underage is unethical and goes against all parental rights. Until someone can come into the City and abide by all the laws, the temporary tattoo ban should stay in effect. Ms. Olson provided pictures showing tattoos done by Ms. Snell. The people who received the tattoos in the pictures are unsatisfied with the tattoos. Ms. Olson is very upset that someone would go against a parent’s will and right to make the decision whether a child gets a tattoo. Ms. Olson thanked the Council.
Ms. Snell stated that the pictures provided to the Council are from tattoos done from when she first started doing tattoos almost four years ago.
5. New Council Business:
a. Discussion and consideration of approving the “Findings and Decision” for the Hearing and revoking of business license for My Style which occurred on September 1, 2015
Attorney Ericson noted that the approval of the “Findings and Decision” essentially memorializes what took place two weeks ago and creates a final document with a final order from the Council. Councilmember Holmgren asked for clarification that the motion tonight will verify what was said two weeks ago. Attorney Ericson noted that it is similar to an ordinance where the Council takes a legislative action and puts it into writing. The approval of the “Findings and Decision” will put into writing the action that was taken two weeks ago.
Councilmember Rohde asked what recourse Ms. Snell will have. Attorney Ericson explained that My Style was issued a new business license with the exception of tattooing. On the City level, the City Council is the final ruling board on business license revocation. The next step would be to go to an appellate level which would take court intervention.
Motion by Councilmember Holmgren to approve the “Findings and Decision” for the Hearing and revocation of the business license for My Style which occurred on September 1, 2015. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Wood – aye. Motion approved.
b. Discussion and consideration of adopting Resolution No. 15-35 approving a Fiscal Assistance Agreement with the Utah Division of Parks and Recreation Non-Motorized Trail Matching Fund Program for the acquisition and development of a trailhead located in the vicinity of 300 North and 700 East
Manager Warnke noted that the City applied for a grant from the Recreation Trails Program. The City was granted $61K which requires a 1:1 matching fund. The funds will be used for the acquisition of property and construction of a trailhead which will include a parking lot, restrooms, and kiosk. This is the start of fulfilling the vision of the City’s first General Plan of 1978 to create recreation amenities in the Malad River Bottoms. Councilmember Wood expressed appreciation to Manager Warnke and everyone involved with getting the $61K 1:1 match. The trailhead and walking trail will be a wonderful thing for the City.
Motion by Councilmember Wood to adopt Resolution No. 15-35. Motion seconded by Councilmember Rohde. Councilmember Holmgren abstained from voting because of a conflict of interest. Roll Call Vote: Councilmember Rohde – aye, Councilmember Wood – aye, Councilmember Reese – aye, Councilmember Doutre – aye, and Councilmember Holmgren – abstain. Motion approved.
c. Discussion and consideration of adopting Ordinance No. 15-13 amending sections contained in Title 1 General Provisions and Title 17. Uniform Utah Criminal and Traffic Codes of the Revised Ordinances of Tremonton