City Council Minutes 6-6-17 2017-06-21T08:42:59+00:00

TREMONTON CITY CORPORATION
CITY COUNCIL MEETING

June 6, 2017

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 June 6, 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, 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 (left at 6:07).

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

The Council reviewed the June 6, 2017 Agenda with the following items being discussed in more detail:

Ambulance write-offs. Treasurer Oyler said the write-offs for the year total $79K. The City has a few people paying ambulance bills on the old software program. Manager Warnke commented that the City has collected around $1M in ambulance payments. The $79K is the amount that the City has exhausted all means for collecting the debt and the funds cannot be collected. Councilmember Rohde noted it is common for write-offs to be 30% of revenue. Treasurer Oyler noted the basic fee when an ambulance is called is $956 and $31.65 per mile.

The bad debts go to a collection agency after Treasurer Oyler has done all she can to collect. The $79K in write-offs have been with the collection agency for a year. The current collection agency receives 30% of the amount collected and 50% if it goes legal. The City is switching to Bonneville for collections and they have a state contract that gives them 18% on money collected.

Resolution No. 17-20. Manager Warnke stated this annexation petition area includes a collector road shown on the Master Plan at 950 East. He discussed the Master Plan road and some other issues with the applicant, Craig Adams, and Micah Capener. The existing welcome signage for Tremonton is located on the property. The applicant was supportive of reserving some property for the City’s gateway feature. Mr. Adams shows a developed City park on the concept plans.

The Council asked what will happen to the water rights. Manager Warnke stated the development will be for single and multi-family homes as well as some commercial. The Council would like the water to stay with the property.

Resolution No. 17-21. Utah law requires the City to provide a fallen public safety officer or firefighter employee’s family with health care coverage at the City’s expense until the spouse reaches the age to receive Medicare and the children reach the age of 26 if the employee is enrolled in Utah Retirement Systems (URS). There is a trust fund established where cities can pay into a pool that will carry the long term obligation of health care coverage. The City will be responsible to pay for the first 24 months then the trust fund will pay until they are no longer eligible. The cost is $1,100 annually.

Participation in the trust fund is voluntary but in 2018 it will be a requirement. The cost will go down once it is mandatory. The City currently has 10 sworn police officers that would be covered under this trust. The firefighters are not eligible under URS so they are not included.

Resolution No. 17-22. This is an agreement with the Stander’s family and the City to purchase 1.21 acres of land for a purchase price of $60,500. The property will have a dual purpose with the City participating in half the fencing. They can connect to the outfall line according to City standards. The Stander’s will continue farming the parcel to help mitigate the weeds until the City gives them notice. There is flood irrigation in the area and the City will mitigate when making improvements to the property.

The Stander family wants a future connection to 800 North, which is shown on the Transportation Master Plan. However, the connection is under Utah Department of Transportation (UDOT) and Union Pacific’s jurisdiction. Union Pacific requires the City to close a minimum of three (3) existing public crossings on their system to allow crossing the railroad at 800 North. It is nearly impossible. The Stander’s would like some assurance that the City will allow them to cross the property to make the connection if something happened to make it allowable. It is in the City’s best interest to allow it if it becomes possible.

The storm drain outfall line will be constructed before the trail. Director Fulgham noted the trail will be built up so the flood irrigation will not be a problem.

Resolution No. 17-23 and 17-24. Resolution No. 17-23 is a development agreement for Holmgren Estates East, Phase 5 which includes a fee-in-lieu for chip seal and fog coat and streetlights.

Resolution No. 17-24 is the development agreement for Garfield Estates Phase 2 Subdivision. This subdivision was recorded in 2008 without a subdivision improvement guarantee or bond. This has already been recorded. The development agreement states they will not sell any lots until all the final improvements have been installed and they have paid a ten percent (10%) warranty that will be repaid once it is determined there is not a need to fix any failures in the public improvements. The storm drainage will sheet flow onto an adjoining property they have an easement for. This also includes a fee-in-lieu for chip seal and fog coat as well as streetlights.

Resolution No. 17-25. This development agreement is for Spring Acres Subdivision, Phase 5 and includes a fee-in-lieu for chip seal and fog coat and streetlights.

Resolution No. 17-26. This development is within a subdivision. The development agreement ensures the agreed upon improvements are completed. It is two lots and will be for the new State Farm building.

Resolution No. 17-27. Chadaz Estates, Phase 3A Subdivision will include a fee-in-lieu for chip seal and fog coat and streetlights.

Director Fulgham said the standard streetlight is on a long pole with a four sided light that shines up and down and costs $1,500. The City pays $12.50 per month regardless of the lightbulb used. Rocky Mountain Power (RMP) does not give a discount for using LED. Manager Warnke noted that RMP owns most of the streetlights in the City. Some streetlights on Main Street are metered and owned by the City. The City owned lights are LED and cost about $15 per month for all nine (9) streetlights. It’s not feasible to put in City owned lights in other parts of the town. A whole new conduit would need to be run so the lights could be metered. Director Fulgham can look into the costs of a quality solar streetlight.

Funding of secondary water in Chadaz Estates 3A and 3B. Councilmember Reese does not think it is fair to other developers that were required to put in secondary water. Director Fulgham said the City does not require it now but it will save the City money in the long run to pay to put in the secondary water during construction. The road will not have to be dug up. Moe Rose, Jay Stocking, and Marc Allred paid to put in secondary water. Jay Stocking elected to continue putting in secondary water after it was not required.

Councilmember Holmgren wondered if Mr. Smith has any water shares. He was told they do not. Councilmember Reese noted it did not seem ethical to pay for the secondary water infrastructure for one developer and not the others. Director Fulgham stated that once a road is cut, it is never the same. Manager Warnke said there is a need to remove some of the pressure from the culinary water system and putting in the infrastructure will remove some of that pressure. The Council would like to pass an ordinance to require secondary water lines to be installed so this item does not come up again.

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

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; 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

The meeting adjourned at 6:58 p.m. by consensus of the Council.

CITY COUNCIL MEETING

Mayor Fridal called the June 6, 2017 City Council Meeting to order at 7:05 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, 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, and Police Chief David Nance (left at 7:10 p.m.). Also in attendance were: Court Clerk Tara Buckway and Judge Kevin Christensen.

The agenda items were discussed out of order.

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 Holmgren and the Pledge of Allegiance was led by Councilmember Doutre.

2. Introduction of guests:

Mayor Fridal welcomed those in attendance.

3. Approval of Agenda:

Motion by Councilmember Holmgren to approve the agenda of June 6, 2017. Motion seconded by Councilmember Reese. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

4. Approval of minutes – May 16, 2017

Motion by Councilmember Reese to approve the minutes of May 16, 2017. Motion seconded by Councilmember Vance. 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. Employee Years of Service Award

a. Judge Kevin Christensen, Justice Court Judge – 20 Years

Mayor Fridal thanked Judge Kevin Christensen for his service.

7. New Council Business:

a. Discussion and consideration of ambulance write-off’s for non-collectable accounts as bad debt

Motion by Councilmember Rohde to write-off the ambulance bad debt. Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of adopting Resolution No. 17-20 accepting a petition for annexation of certain real property, tax parcel numbers: 05-167-0040; 05-167-003, and 05-167-0044 comprising 62.85 acres located at approximately 1150 East Main Street, under the provisions of Sections 10-2-403 and 10-2-405, Utah Code Annotated, 1953, as amended

Motion by Councilmember Holmgren to consider the adoption of Resolution No. 17-20. Motion seconded simultaneously by Councilmembers Doutre and Vance. 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 adopting Resolution No. 17-21 approving a Local Public Safety and Firefighter Surviving Spouse Trust Fund Cost Sharing Agreement with the Utah Department of Public Safety

Motion by Councilmember Doutre to approve Resolution No. 17-21 for the Trust Fund Cost Sharing Agreement. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of adopting Resolution No. 17-22 approving a Land Acquisition Agreement between Tremonton City and Jean Stander Family Limited Partnership LLC for the purpose of acquiring property for storm drain system and trail improvements

Motion by Councilmember Reese to adopt Resolution No. 17-22. 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.

e. Discussion and consideration of adopting Resolution No. 17-23 approving subdivision development agreement for Holmgren Estate East Phase 5

Motion by Councilmember Vance to adopt Resolution No. 17-23. Motion seconded simultaneously by Councilmembers Doutre and Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – abstain, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

f. Discussion and consideration of adopting Resolution No. 17-24 approving subdivision development agreement for Garfield Estates Phase 2

Motion by Councilmember Holmgren to adopt Resolution No. 17-24 for Garfield Estates Phase 2. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

g. Discussion and consideration of adopting Resolution No. 17-25 approving a subdivision development agreement for Spring Acres, Phase 5

Motion by Councilmember Rohde to adopt Resolution No. 17-25. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

h. Discussion and consideration of adopting Resolution No. 17-26 approving a development agreement for Archie & Chappi Properties

Motion by Councilmember Vance to adopt Resolution No. 17-26. 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.

i. Discussion and consideration of adopting Resolution No. 17-27 approving a subdivision development agreement for Chadaz Estates Phase 3A

Motion by Councilmember Doutre to approve Resolution No. 17-27. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – nay, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

j. Discussion and consideration of approving the funding of secondary water installation in Chadaz Estates 3A and 3B

Motion by Councilmember Rohde to not approve funding for the secondary water installation at Chadaz Estates. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, Councilmember Vance – aye. Motion approved.

8. Reports and Comments

a. City Manager Reports and Comments

1. Intermountain Health Care (IHC) request regarding City Owned Billboard on I-84

IHC would like to replace the City owned billboard on I-84 as it has deteriorated. Manager Warnke noted that the content would be something community oriented in the realm of IHC’s scope. He will have IHC put together some sign copies and bring them to the Council.

b. City Department Head Reports and Comments

c. Council Reports and Comments

Councilmember Rohde thanked Lyle and Kathy Holmgren for all the work they put into the flowerpots on Main Street. The Tremonton 2nd ward youth also participated. The flowers look great. Councilmember Rohde noted it was Jessica Tanner’s last week coming to City Council meetings and thanked her for all she’s done. Ms. Tanner will be missed. The Council thanked Ms. Tanner for all her work and wished her the best.

Councilmember Rohde spoke with City Attorney Dustin Ericson about panhandling in the City. They determined there is not a legal way to handle it. Some cities have used signage to direct citizens to the best place to donate funds to help people. The Food Pantry would be a great place for donations. Manager Warnke noted the City is looking at posting signs like Councilmember Rohde noted.

Councilmember Holmgren thanked the volunteers that helped planting the flowers. Steve Atwood brought the youth from the Tremonton 2nd ward to help. It helped the project go so much quicker. The youth were fantastic and hard working.

Councilmember Reese asked about the closure of the green waste facility. There have been several complaints from county residents that it is closed. Director Fulgham said County Commissioner Stan Summers contacted him and wondered if the County could combine with the City and help. There is a big cost to chip the wood and dispose of the illegal items that are dumped. Once the pile is pushed back, it will be reopened but will be opened seasonally from May to September. The winter months are usually when people drop off things that are not accepted. The City’s pays about $50K a year to grind the material. The Council can contact the County and see if they would be willing to help with the expense because a lot of County residents use the facility. The City has enough wood product. Director Fulgham hopes to open the green waste facility on a limited basis in the near future.

Councilmember Vance thanked Director Fulgham for taking the initiative to find ways to save the City money like with funding the secondary water in Chadaz estates. The Council did not accept it because they want to be fair and consistent but he thanked him for thinking of the City. He also thanked Councilmember Rohde, Manager Warnke, and Director Christensen for the work done on the future capital projects spreadsheet. It spells everything out and the Council knows what is going on just by looking at it.

Councilmember Reese told Director Christensen what a good job he did with the Memorial Day Program. Director Christensen said Zach LeFevre took that over this year. The Council said it was very nice. Councilmember Reese told Director Fulgham the cemetery looked good as usual.

Mayor Fridal noted the Boys and Girls Club will be having a luau fundraiser on June 23, 2017 at the Box Elder County Fairgrounds. Mayor Fridal, Councilmembers Rohde, Vance, and Doutre said they can attend with their spouses. Mayor Fridal thanked Jessica Tanner and told her she has done a great job.

The summer party for the City will be held on June 27th at 6:00 p.m. at Mayor’s house.

Motion by Councilmember Doutre to move into closed 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 moved into a closed session at 7:10 p.m.

9. CLOSED SESSION:

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 Doutre. 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 7:59 p.m.

10. Adjournment.

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

The meeting adjourned at 8:22 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 20th day of June, 2017.

 

Linsey Nessen, City Recorder