TREMONTON CITY CITY COUNCIL MEETING SEPTEMBER 4, 2007

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1 TREMONTON CITY CITY COUNCIL MEETING SEPTEMBER 4, 2007 Members Present: David D. Deakin Lyle N. Holmgren Jeff Reese Stanley Stokes Byron Wood Max Weese, Mayor Richard E. Woodworth, City Manager Darlene S. Hess, Recorder CITY COUNCIL WORKSHOP Mayor Weese called the September 4, 2007 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont, Tremonton, Utah. In attendance were: Mayor Weese, Councilmembers Holmgren, Stokes, Reese, Wood and Deakin, Manager Woodworth, Paul Fulgham, Police Chief Nance and Darlene Hess, City Recorder. The Council reviewed the agenda with the following items being discussed: Manager Woodworth reviewed the proposed budget amendments with the Council. Detention Pond/Fire Department Property - 28% will be paid by the utility and 62% by the General Fund. Another $40,000 will need to come from another source if the Council wants to purchase the property by January. The Council discussed the Library lawn. Councilmembers were encouraged to take a look at the landscape. The Tremont Place Subdivision was discussed. Public Works Director Fulgham suggested lowering the sewer line by four feet. He told the Council that the City cannot require the developer to do the project as it will not benefit his development. The City could pump the sewer along South Tremont Street to the 1200 South sewer line. Jim Able has expressed a desire to pump to the proposed line. The Council discussed redoing 1200 South. To pay for the costs, the City could use $88,000 from B & C Road money, $102,000 from chip and seal by postponing 2000 West chip and seal and $75,000 from the bid for patch. This would do a reconstruction on the road from 1

2 the River Bridge to 1000 West. The Senior Building cost and utilization was discussed. The meeting adjourned at 6:54 p.m. CITY COUNCIL MEETING Mayor Weese called the September 4, 2007 City Council Meeting to order at 7:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont, Tremonton, Utah. In attendance were: Mayor Weese, Councilmembers Deakin, Holmgren Reese, Stokes and Wood, Manager Woodworth, Paul Fulgham, Police Chief Nance, Rhett Ogden, Marion Layne and Darlene Hess, City Recorder. 1. Open Ceremony Mayor Weese invited those in attendance who may be offended by listening to a prayer to step out into the hallway during this portion of the meeting. The prayer was given by Manager Woodworth. The Pledge of Allegiance was led by Councilmember Wood. 2. Approval of agenda Motion by Councilmember Wood to approve the September 4, 2007 City Council Agenda with the following deletions: 7d: Consider Ordinance restricting traffic on 2300 West to two rear axles th only from 600 North to 10 North. 7g. Court Receipting System and costs to City - double entry. Second by Councilmember Deakin. Motion unanimously approved. 3. Approval of minutes - August 21, 2007 and August 24, 2007 Motion by Councilmember Reese to approve the minutes of the August 21, 2007 and August 24, 2007 City Council Meetings. Second by Councilmember Holmgren. Motion unanimously approved. 4. Introduction of guests: Mayor Weese welcomed Shawn Johnson to the meeting. He asked what merit badge Mr. Johnson as working on. Mr. Johnson told the Council that he was working on his Citizenship in the Community. Mayor Weese asked Mr. Johnson to pledge to earning his 2

3 Eagle Scout rank in the Boy Scouts of America. 5. Public Hearing a. Mayor Weese called the first public hearing to order at 7:05 p.m. to consider the proposed annexation of property owned by John E. Simmons, Sally A. Simmons and Elliott J. Simmons - Contemporary Homes, L.L.C. And Utah Department of Transportation with twelve people in attendance. Mayor Weese asked the location of this property. Paul Fulgham told the audience that the property being considered for annexation is south of the Maverick Store on Iowa String. The proposed acreage is 30.5 acres. Mayor Weese called for questions or comments from the audience. There were none. He called for comments or questions from the Council. There were none. Mayor Weese closed the public hearing at 7:07 p.m. b. Mayor Weese called the second public hearing to order at 7:08 p.m. to consider revising and amending the combined annual implementation budget (General Fund, Enterprise Fund(s), and Capital Reserve Fund and Special Improvement District #1) for the period commencing July 1, 2007 and ending June 20, There were twelve people in attendance. Mayor Weese asked Manager Woodworth to discuss the budget amendments. Manager Woodworth informed the audience that the revenue and expenses have increased by $385,070. This is due to various projects being carried over into the next fiscal year and additions. This is an effort to meet the goals set forth in the Council s Strategic Plan or Balanced Score Card. The changes are as follows: Wagon Land Grant carry over expenditures to finish architecture in the amount of $44,745. Manager Woodworth told the Council that there was $1.60 left on the table that he was unable to utilize Wagon Land Grant carry over in the amount of $44, Seed Program with Box Elder County and Brigham City in the amount of $2,170 - expenditure Parking Lot expense - $75, Storm Drain line - $30, Wadman Park donation - $30, Wadman Park expense - $30, Strategic Plan Goal of Trails - $120,000 or hospital trail proposal. This can be utilized in other areas Library xeriscape carry over - $6,000 3

4 6. Common Consent: Various $107,155 miscellaneous increase for mowing/changes in contracts, Senior Center food increase due to nutrition standards, loss of revenue in the Senior Programs, Council benefit package costs, minor salary changes in Civic Center/Senior buildings, protective gear in the Fire Department, revenue/expense revenue/costs, Emergency Services Coordinator, Fire Department expense, garbage collection increase, etc. PUB Works $8000 for tub grinder Detention Pond/Fire Department Property purchase - already has $32,325 in current budget. Proposal to double the $32,325 with the balance to be paid by XXX Items of concern with net affect on the budget: 1) Franchise tax fees short paid 2) Seniors Center City share on the increase 3) Senior Building and grant is a long term commitment with no budget for debt service 4) Road projects need to be identified 5) Ambulance losses on the increase 6) Reserves for fire equipment and carry over need to be addressed in the capital budget 7) Garbage collection and costs nearly equal to revenue - no administrative charges to speak of. Last FY $10,000 was paid towards garbage cans out of XXX. 8) The Fire Services Agreement is still not in place a. Approval of the June and July Financial Statements Motion by Councilmember Deakin to approve the June and July Financial Statements. Second by Councilmember Reese. Motion unanimously approved. 7. New Council Business: a. Consider Resolution amending the Annual Implementation Budget for the fiscal year commencing July 1, 2007 and ending June 30, Motion by Councilmember Holmgren to approve Resolution amending the Annual Implementation Budget for the fiscal year commencing July 1, 2007 and ending June 30, Second by Councilmember Wood. Vote: Councilmember Holmgren - aye, Councilmember Stokes - aye, Councilmember Reese - aye, Councilmember Wood - aye, Councilmember Deakin - aye. Motion unanimously approved. 4

5 b. Consider Ordinance annexing specific property owned by Sally Simmons, John E. Simmons and Elliott J. Simmons to Tremonton, Utah. Mayor Weese informed the audience that this annexation is located behind the Maverick Station. He asked the Council if they had any questions or comments on this item. Being none, he called for a motion. Motion by Councilmember Holmgren to approve Ordinance annexing specific property owned by Sally Simmons, John E. Simmons and Elliott J. Simmons to the City. Second by Councilmember Reese. Vote: Councilmember Holmgren - aye, Councilmember Stokes - aye, Councilmember Reese - aye, Councilmember Wood - aye, Councilmember Deakin - aye. Motion unanimously approved. c. Consider CDBG Consolidated Capital Improvements List and review the Strategic Plan - Balance Score Card and Capital Improvements List Manager Woodworth informed the Council that he had requested a list of capital improvements from the department heads. Director Fulgham of Public Works submitted the following Tremonton City Projected Capital Projects List: STREETS: 1) 1200 South (River Bridges west to 1000 West) 5,500 feet or 1.04 miles: Grind, grade and lay three inches of new asphalt at a cost of $257, ) 1000 North (I-84 east to 2000 West) 9,400 feet or 1.8 miles: Widen and drainage at a cost of $2,000,000 3) 1000 West (Main Street south to 1200 South) 10,600 feet or 2 miles: Widen at a cost of $1,500,00.00 WATER: 1) Develop Culinary Water Well - 1,500 GPM at a cost of $1,500, ) Storage Reservoir gallons per ERU or 1,000,000 gallon tank that will serve 1,250 ERU s: $1/gallon or 1,000,000 gallon at a cost of $1,000, The City will be working with the developer to take care of storage WASTEWATER TREATMENT FACILITY: 1) Conversion of Primary Clarifier into a DAF (Diffused Air Floatation) Clarifier at a cost of $550, ) Second Bio-Solids Dewatering Screw at a cost of $250,

6 PARKS: 1) Bear River Valley Hospital Trail consisting of 3,500 feet at a cost of $120, This will be a joint venture with the Tremonton Women s Civic League. Manager Woodworth told the audience that the trail is planned to run from the Jeanie Steven s Park that has parking facilities to the new hospital. Barriers will need to be put up by the golf course for safety. It will be an attractive trail. He told the Council that he was not asking for a motion on this item at this time. OTHER ITEMS: 1) Senior/Food Pantry Building. The Senior Director has applied for a CDBG Grant. The grant has one or more consecutive years. Manager Woodworth told the Council that Marion Layne and Kathy Newman will be striving to th meet this goal. A Public Hearing will be held November 15 and there is a lot to do prior to this date. Councilmember Wood told the Council that the City may need to scale down the building as the expense is great. The City s needs should also be considered. Manager Woodworth told the Council that there is a discrepancy in the County paying their pro rata share of the cost as more County residents are using the program than Tremonton residents. d. Consider Ordinance restricting traffic on 2300 West to two rear axles only th from 600 North to 10 North - item deleted from the agenda e. Possible appeal letters received from M. Darin Hammond of the Law Office of Smith Knowles relating to Clover Field Estates 800 West Street extension which requires Mark Higley to install a 800 West Street extension to Main Street. Mayor Weese asked Manager Woodworth to explain this item. Manager Woodworth told the Council that Mark Higley attended a Land Use Development Board Meeting to discuss the 800 West Street road extension not the subdivision approval; however, no decision was made. His attorney wrote letters requesting an appeal with the Appeal Board. The issues at hand are: He has never applied for Final Approval on this subdivision which has been in process for a few years and no decision was made on the road extension. Alyson Draper, our City Attorney, asked that Mr. Higley request being placed on the Land Use Authority Board Agenda for Final Approval per correct procedure. Mr. Higley s engineers agreed to the road in Planning Commission Meetings and in a City Council Meeting when his subdivision was presented for discussion. Councilmember Holmgren told the Council that it will set a bad precedence if the 6

7 City lets him off of the hook as other developers have had to meet the same requirement. f. Consider grant of easement for West Liberty Foods subsurface drain Mayor Weese asked Manager Woodworth to explain this item. Manager Woodworth informed the Council that there is already a public utility easement in this area. This grant of easement will allow West Liberty Foods to utilize the property with an overlay. Councilmember Stokes commented that this allows West Liberty Foods to get rid of subsurface drain water. Motion by Councilmember Wood to approve the grant of easement for West Liberty Foods subsurface drain. Second simultaneously made by Councilmembers Reese and Holmgren. Motion unanimously approved. g. Court Receipting System and costs to City - double entry - item deleted from the agenda 8. Comments: a. Administration/City Manager Advise and Consent 1) Manager Woodworth reminded the Council that agendas are posted on the Tremonton City Web Page. 2) Manager Woodworth informed the Council that the Kurt Enright Agreement needs to be canceled as there are encumbrances on the property. 3) Manager Woodworth informed the Council that Malt-O-Meal is building a new rail line that goes from the existing line going into their property. The cost will be between $800,000 and $1,000,000. T & M Manufacturing has property on each side of the track. An agreement is being drafted by Jody Burnett on how it will work for both businesses. Manger Woodworth informed the Council that he will be bringing back the agreement for the Council s approval. 4) Manager Woodworth discussed the Fire Department physical evaluation requirements for firefighters. He informed the Council that these physicals will be coming in with a charge of between $350 and $500 depending on where the firefighters stand on their immunizations. This is something that is being mandated by NFPA. There will be a one-time charge of $75 for a complete physical which requires an EKG be given every five years. They will also be replacing seven of their protective gear outfits a year. 7

8 Councilmember Wood asked if the firefighter s regular health insurance will take care of some of this costs. Manager Woodworth told the Council that he will look into this issue. 5) Manager Woodworth informed the Council that in the Park Grant proposal for Trails it discusses City/Land and Water Conservation ratio. Is applying for a grant what the Council wants to do? 6) Manager Woodworth discussed citizen concerns and the public approval process. He told the Council that often when the Council and staff are in the public eye, they are accused of disagreeing with the public. There are even citizens who feel that the City is conspiring with people and holding meetings without the public knowing about them. THIS IS NOT HAPPENING! There would be nothing gained by the City or staff in doing anything of this nature. It is the goal of the City to obey the law. 7) Manager Woodworth informed the Council of a meeting that is scheduled on September 26, 2007 with the Bear River Water Conservancy District to discuss a service line to the Randy Marriott Subdivision. Paul Fulgham, Director Public Works, explained to the Council that the Marriott Subdivision is on the hillside and is fed by the BRWCD. During a recent water break, the area was out of water. The developers are building water tanks to take care of the property owner s needs; however, the City could wheel water through the BRWCD lines that will take care of the issue of being without water until the tanks are available. Councilmember Wood asked what the cost involved would be. Director Fulgham told the Council that the cost will be around $8000 which will be paid by the developer. Currently, Tremonton City is the only customer on this line so we would wheel our water through the line for the development on the hill. Mayor Weese called for a motion on the items discussed. Motion by Councilmember Wood to approve the following: 8a Item 2) 8a Item 3) 8a Item 7) Discontinuing the Kurt Enright Agreement Moving forward with the T & M Rail Crossing Maintenance Agreement Authorizing the City to negotiate with BRWCD on wheeling water through their lines on the hillside. Second by Councilmember Reese. Motion unanimously approved. 8

9 b. Council reports: 9. Public comments: Councilmember Deakin asked about the Police Department building discussed a while ago in City Council Meeting. The Council gave approval for Mayor Weese and Police Chief Nance to negotiate up to the appraised value of the property. Councilmember Deakin suggested that the Council give Mayor Weese and Chief Nance authorization to negotiate with the property owner to see what the City can purchase the building for. Councilmember Deakin told the Council that he had received a call from Phil Albright of North Park Elementary School about the asphalt and parking at North Park. Manager Woodworth told the Council that the asphalt width was reduced in this area. It probably will not be changed until such time as the property on the south side of the road is developed. Councilmember Deakin told the Council that he will follow up on this call with Mr. Albright. Councilmember Wood congratulated everyone involved in the Box Elder County Fair. He told Gerald Smith, who was in attendance, that the grounds looked great. Councilmember Wood thanked the Youth City Council for putting the City Booth together for the Fair. He was very pleased with the City Booth. A lot of effort was put forth to do the booth. Councilmember Reese told the Council that he agreed with what Councilmember Wood said about the Fair. Councilmember Stokes asked how long Tremont Street will be closed as Palmer Pack had called him on Friday to complain that they were shut off from the world. They were hoping that the road would be open Thursday as their busy week is Memorial Day Weekend. Director Fulgham told the Council that people can get to Palmer Pack; however, the signs are up due to the safety of our citizens. There is a sixteen foot deep trench in this area and they want to have as many people as possible avoid the area. Director Fulgham told the Council that Palmer Pack put a sign on the closed road sign noticing people they were open. Councilmember Holmgren reported that the Library Project is complete. He thanked all involved (4H Groups, Scouts, Master Gardeners, etc.) for assisting with the project. Cari Doutre asked the Council if they knew what they were going to do with the playground equipment. Manager Woodworth told the audience that some of the money will be used at the Library/Shuman Park and some at the Jeannie Steven s Park. Director Rhett Ogden informed Ms. 9

10 Doutre that Mr. Wadman told the City to utilize the money where it is best needed for equipment. Marion Layne, Director of the Senior Center, told the Council that meals on wheels is increasing. If the Senior Center cannot deliver the food ordered in a timely manner and by a set deadline, they will need to look at putting on another driver. This will increase fuel costs, salary costs, and require another vehicle. Director Layne, also, told the Council that she would like to hire someone to work at the Senior Center ten hours a week. This person will schedule classes if we get teachers. The Senior Center has eight computers, monitors and printers for our Seniors use. They want to know how to pay bills on-line, type an , and general computer use. Art lessons will be taught each week and a conversational Spanish Class will also be scheduled. Director Layne told the Council that she does not have time to do everything required. Manager Woodworth told the Council that by putting money in the right pockets, she will be able to do this within budget. Rhett Ogden, Recreation Director, invited the Council to attend a meeting he had scheduled with Brett Tippitts on October 14, 2007 to discuss preliminary ideas of a Recreation Center and how it can work out with other entities. The meeting is scheduled for 10:00 a.m. The Council informed Director Ogden that they will be at a training session that week. They suggested that Paul Fulgham and Steve Bench attend the meeting. Councilmember Deakin asked the Council if they were going to attend the Peach Day s Celebration? Mayor Weese told the Council that he will find out what number they are in the parade and get back with them in the morning. 10. Adjournment Motion to adjourn by Councilmember Deakin. Second by Councilmember Wood. Motion unanimously approved. Meeting adjourned at 8:03 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 of the City Council meeting held on the above referenced date. Dated this day of, Darlene S. Hess, RECORDER 10

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