City Council Minutes 2-19-19

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

FEBRUARY 19, 2019

Members Present:
Diana Doutre
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 19, 2019 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 (left at 6:30 p.m.), Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Community Services Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief Kurt Fertig, and Treasurer Sharri Oyler.

The following items were discussed out of order.

1. Review Report from the Public Works Director and discussion of issues associated with Tremonton City constructing and administering a secondary water system, with discussion of topics to include, but not being limited to, water shares, coordination with the Bear River Canal Company, secondary water, and culinary water rates, policies associated with secondary water, etc.

Councilmember Rohde said my biggest heartache over this is that we are purchasing all these shares and we still do not have an endgame on how much we are going to charge. Would a bank really lend us money without knowing? I am so concerned that we are out spending money and doing things when we do not know what our bottom line is going to be. We are starting on this next phase, but what happens if it is just too expensive for the citizens. Manager Warnke said these are good questions. I think part of the issue is it has been this evolving project and I think it will be into the future. We will have a better understanding as we get the next phase done. We will be better prepared for the future phases, but will have to continue to reevaluate, reassess and make adjustments to rates in order for this to work. Either way, we are going to do secondary water or we are going to stop and find other ways.

Mayor Pro-Tem Reese said if we were not putting in secondary water we would have to find other water through the conservancy district or by digging another well and that would cost more. Culinary water is always more expensive. Councilmember Rohde said I think secondary water is the direction we need to go and I am on board, but I am scared. Councilmember Vance said the target keeps moving and the price keeps going up. We come up with a number and it has to be changed again. Manager Warnke said I am hoping to do one more meeting with the committee and then come to the Council with their recommendation on March 5. Mayor Pro-Tem Reese said rightly so, but I guarantee you culinary is going to cost more, no matter what. Manager Warnke said there are a lot of unknowns when developing water. Councilmember Rohde said maybe we will have to start looking at ways to become more efficient and what we will have to do as a City to sell this. Manager Warnke said we have talked about providing a mechanism for the residents to help them make decisions and know where they are. Mayor Pro-Tem Reese said he uses a lot of water on his park strips and plans to take those out. We need to encourage conservation too.

2. Report from the Development Review Committee and discussion of a proposed development on 1000 North and approximately 4000 West (property is adjacent to I-84) with the discussion of topics including, but not being limited to, off-site utilities, weight restrictions on 1000 North, truck stop and fuel center, other land use issues

Manager Warnke said we have talked about protecting 1000 North based upon our engineering study and the Council adopted an ordinance that restricts a portion of that road to heavy truck traffic. We also adopted a resolution that requested UDOT to put signage on the highway alerting people that it is a weight-restricted road and told truck traffic to use a different exit. The last time we talked, there was a development we could foresee occurring on 1000 North (truck stop). The timing was much further out, but the Opportunity Zone has changed their time frame as far as development. In order to maximize the full benefit of the Opportunity Zone, they need to make the investment in the near term. They own 90 acres on the west end of 1000 North. That portion of road is not restricted because that lines up with UDOT’s section.

In the DRC meeting we had a good conversation about concerns, development and the path forward. We told them conceivably the Council has already taken action and adopted the ordinances. We have, however, asked UDOT to suspend putting the signs up until we could talk to the Council. The thought in DRC was to not put the signs up and let them have land uses that would allow for a truck stop there. They would be required to build an access lining up with that gravel road going north—a secondary access so we could have it signed and restricted for truck traffic. In case they get on the road accidentally, there would be more signage that warns them to loop back through the development and make a left.

Councilmember Doutre said the previous owners were going to buy out the homes. Manager Warnke said they did approach homeowners, but that never proceeded. We talked about how to transition from that land use and buffer the best we can. Mayor Pro-Tem Reese asked if this is a “what if” or is it going to happen. Manager Warnke said I thought it was more of a “what if” in the future, but they are saying “what if” sooner so they can capitalize on new funding that is available. Councilmember Reese asked how we can stop a zone when they own the property already. They own it on the presumption they were going to do something or they would not have bought it that way. Manager Warnke said the Council could amend the zoning—it is within your legal use and zoning changes all the time. Councilmember Vance said for the Opportunity Zone they have a limited window to purchase the access and put it in place. They have to do it this year to make it happen or maybe it goes into 2020. The Council agreed they needed to address this issue when they have more time and suggested not having UDOT install restriction signs until they can do so.

3. Discussion and review of agenda items on the 7:00 City Council Meeting Agenda

Motion by Councilmember Holmgren to move into closed session. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council moved into a closed session at 6 p.m.

4. 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; and/or
d. Discussions regarding security personnel, devices or system

Motion by Councilmember Doutre to return to open session. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council returned to open session at 6:38 p.m.

The meeting adjourned at 6:55 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Pro-Tem Reese called the February 19, 2019 City Council Meeting to order at 7:01 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 Pro-Tem Reese, Councilmembers Doutre, Holmgren, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Community Services Director Marc Christensen, Public Works Director Paul Fulgham, Police Chief Kurt Fertig, and Treasurer Sharri Oyler.

1. Opening Ceremony:

Mayor Pro-Tem Reese 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 Rohde and the Pledge of Allegiance was led by Councilmember Holmgren.

2. Introduction of guests:

Mayor Pro-Tem Reese welcomed those in attendance.

3. Declaration of Conflict of Interest: none

4. Approval of Agenda:

Motion by Councilmember Holmgren to approve the agenda of February 19, 2019. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

5. Approval of minutes – February 5, 2019

Motion by Councilmember Doutre to approve the minutes of February 5, 2019. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

6. Public comments: Comments limited to three minutes.

Resident Greg Madson said my wife recently passed away from cancer and we are trying to figure out a way to make something positive of this. She and I have always been active in the community, but we are trying to do even more through community outreach, donations and awareness. I would like to do an awareness campaign. Across the street from my house is a park and trailhead. I wondered if we could do a naming of the park after my wife and turn it into an education or cancer awareness park, or something of that nature. My family and I are very interested in doing something like that in her honor. She spent 24 years in the education field and worked with kids. We could help with monument displays, granite benches and trees, to create a hometown push to benefit the community and carry on a legacy. Mayor Pro-tem Reese said our condolences to you and your family. The example you have set for the community is second to none. We have watched how you approached this and think you have all taught us a lesson. Mr. Madson said we started a foundation and the donations have been amazing. Part of that is to help children with their school needs and teachers with supplies. Every year the foundation will have a scholarship for a high school student in her name. Mayor Pro-Tem Reese said we cannot approve anything here, but we will discuss this and appreciate you coming forward.

7. Presentations:

a. Chief Kurt Fertig, Recipient of the Above and Beyond Award- Employer Support of the Guard and Reserve (ESGR) State Committees
b. Sergeant Nick Nessen, Recipient of the Patriot Award- Employer Support of the Guard and Reserve (ESGR) State Committees

Kenneth Wade, who represents the Department of Defense and Employer Support of the Guard and Reserve, was in attendance to present two awards. He said two City police officials were nominated by Officer Josh Kearl, who is also a staff sergeant in the National Guard. Mr. Wade said the first award is the Above and Beyond Award and goes to a supervisor who goes way above and beyond what the law requires in supporting of National Guardsmen and their service. He read the letter that was sent to the Department of Defense by Officer Kearl. It explained that Chief Fertig gave Officer Kearl the time he needed to serve his Country in relief efforts. Chief Fertig said I think that is one of the most important things we do as civilians, is find ways to support our soldiers overseas and this was easy. I hope we can support you in everything you do. He added that Manager Warnke and Recorder Nessen helped make this happen as well. Mr. Wade said the next award, The Patriot Award, went to Sergeant Nessen. He then read the nomination letter written by Officer Kearl explaining that in his absence, his fellow officers were required to pick up extra shifts. In order to help relieve the workload and stress on those officers, Sergeant Nessen assisted by taking on extra shifts himself.

The Council thanked them. Mr. Wade said these things are vital to maintain the service members we have. People are not joining and less than 1% of the population of the United States have or will serve in the military. That is why aiding service members is a big priority and having employers like these gentlemen here is paramount to our national defense. They are incredible and I applaud you. This speaks highly of your community and those you have representing you.

8. New Council Business:

a. Discussion and consideration of approving the January Financial Statements

Motion by Councilmember Vance to approve the January Financial Statements. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of approving the January Warrant Register

Motion by Councilmember Holmgren to approve the January Warrant Register. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

c. Advice and Consent of the appointment of a Senior Center Director

Manager Warnke said we went through an open recruitment process to find a replacement for Director Marion Layne. As we examined all the candidates, we found that Jenny Christensen was well qualified to assume that position. She has worked at the center for 10 years and in the absence of Director Layne, has functioned as the director. It is with great pleasure that we put forth the name of Jenny Christensen to be appointed as the Senior Center Director. Councilmember Doutre said I have heard from many people, who have spent time at the Senior Center that they all love her and put in a good word for her to get this position. I feel good about having her there.

Motion by Councilmember Doutre to appoint Jenny Christensen as the Senior Center Director. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of adopting Resolution No. 19-06 approving a Lawn Care Service Agreement between Tremonton City and Double J Lawn Care

Director Christensen said this year we went out to bid and received three. We are happy to give the consideration to Double J, who was the low bid and are local. We called them in after we reviewed all the bids to interview them and we feel confident that they will be able to provide the services as far as the contract states. They have fulfilled and understood the requests we have made so far. We ask for your consideration to accept this contract. Councilmember Doutre said we take a lot of pride in our cemetery and parks so do not let us down.

Motion by Councilmember Rohde to approve the resolution as it has been outlined. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

e. Discussion and consideration of adopting Resolution No. 19-07 approving a Professional Services Agreement between Tremonton City and Christopher A. Beins for Public Defender Services

Manager Warnke said our previous public defender got another job, which has left a void. We talked to several other attorneys to fill this position. We had three great candidates, but one withdrew. We recommend Christopher Beins be selected as the Primary Public Defender. At the next meeting, we will have another recommendation for a Conflict Public Defender, in cases where Defender Beins cannot provide that service due to personal or professional conflicts. This second attorney is based out of Brigham City, is a public defender in Weber County, has great experience, and the judges speak highly of him.

Defender Beins does a lot of public defense throughout the County. He works for the County, Brigham City and Perry, and is well qualified. What I like about him is his proximity to the court—allowing him to meet with individuals or public defendants ahead of the actual court date. We met with him and checked his references. We are thrilled that we have two great public defenders, who will be working with us. It is an increase from what we have been paying in the past, but reasonable. Councilmember Vance asked how much it went up. Manager Warnke said primary charges increased by $50 and secondary charges by $25. There is also an hourly rate of $140. Councilmember Vance asked how much we spent last year in public defense. Manager Warnke said the highest we have ever spent was $9,000. I think we will spend almost double ($18,000). There is a real push throughout the state to make sure both sides have equal resources as far as the quality and type of attorneys that represent the prosecution side and the public defense. I am not sure we gave as many resources previously as what is being proposed with this contract. We have written a much more aggressive contract as far as expectations and communication with public defendants. We feel it is fair compensation. Defender Beins did reduce his fees a bit more after our conversation. We did our best to come up with a fair arrangement, but it will be an increase.

Motion by Councilmember Vance to adopt the resolution and approve the professional services agreement. Motion seconded by Councilmember Holmgren. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of adopting Resolution No. 19-08 approving a Real Estate Purchase Agreement between Tremonton City and A. Wayne Meikle and Sharon W. Meikle for the City’s purchase of 207 acres of real property and 111.10 Bear River Canal Company water shares

Motion by Councilmember Holmgren to adopt the resolution. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

9. Calendar Items and Previous Assignment

a. Review of calendar: none
b. Review of past assignment: none

10. Reports & Comments:

a. City Manager Reports and Comments: none
b. City Department Head Reports and Comments

Chief Fertig gave an update on the merger with Tremonton’s and Garland’s police departments. He said we are about two weeks into it and I am very pleased with what I have seen so far. Their officers are integrating really well and a lot of good things are happening because of it. Garland has kind of bent over backwards with a couple things, which I am grateful for. They changed their entire City pay schedule to match ours. The resource officer we have gained has already been to all the Tremonton schools to introduce himself and the schools seem thrilled to have him and that extra help when there are issues in the school. The extra patrol is really nice. We will be hiring a couple more and Garland told us they will pay whatever we want them to pay so we can keep that equal when we make the two hires. There are always a few bugs to work out and we have ran across a few things, but most are minor and are working themselves out.

c. Council Reports and Comments

Councilmember Rohde liked the park idea brought up by Greg Madson in public comment. Even just naming the park after his wife and we could add ribbons for cancer awareness. Councilmember Holmgren said we need to talk about it and explore our options.

Councilmember Vance thanked Director Fulgham for his efforts and asked if we are still considering using the treatment plant water in the secondary system. Director Fulgham said it is always there for us to use. It would be pumped directly into the system since the canal company does not want to intermix it. The best place to do that would be in the lower parts of zone 3 and could be added in the future. Councilmember Vance said this is great, now we can kind of see a target on where we are. Thank you.

Motion by Councilmember Doutre to move into closed session. Motion seconded by Councilmember Vance. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council moved into a closed session at 7:44 p.m.

11. CLOSED SESSIONS:

Motion by Councilmember Holmgren to return to open session. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The Council returned to open session at 7:58 p.m.

12. Adjournment.

Motion by Councilmember Holmgren to adjourn the meeting. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Mayor Pro-Tem Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

The meeting adjourned at 7:59 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 Jessica Tanner.

Dated this 5th day of March, 2019.

Linsey Nessen, City Recorder

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