TREMONTON CITY CITY COUNCIL/R.D.A. MEETING June 5, 2007

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1 TREMONTON CITY CITY COUNCIL/R.D.A. MEETING June 5, 2007 Members Present: David D. Deakin Lyle N. Holmgren Jeff Reese Stanley Stokes Max Weese, Mayor Byron Wood Richard E. Woodworth, City Manager Alyson Draper, City Attorney Darlene S. Hess, Recorder CITY COUNCIL/R.D.A. WORKSHOP Mayor Weese called the June 5, 2007 Joint City Council/R.D.A. Workshop to order at 6:00 p.m. held in the City Council Meeting Room at 102 South Tremont, Tremonton, Utah. In attendance were: Mayor Weese, Councilmembers Deakin, Reese, Stokes, and Wood, City Manager Richard Woodworth, Alyson Draper, City Attorney, Paul Fulgham, Public Works Director, Police Chief David Nance and Recorder, Darlene S. Hess. The Council reviewed the agenda. The following agenda and budget items were discussed in detail: Manager Woodworth discussed the debt service for property purchased. Manager Woodworth told the Council that this was a difficult debt service which, per the agreement, he was able to get a 3% lower rate of interest. The reason the interest is being lowered is that the City requested early payoff. Alyson Draper, City Attorney, asked what the interest rate was for Tremonton City. Manager Woodworth told her that the interest rate varies. Some of the contracts include the legal fees showing a higher cost of money; however, the actual interest rate is lower. Councilmember Holmgren and Steve Bench came to the meeting at 6:03 p.m. Attorney Draper told the Council that she has a concern on this loan. If funds are available to pay off the debt, she feels that it would be in the best interest of Tremonton City to pay it off or it may affect the Council if a lower percent of interest can be achieved through another source. Manager Woodworth told the Council that if we pay this loan off, it will need to be done in the next fiscal year s budget. It was the decision of the Council to pay off this debt service in January 2008 even if we have to borrow at a lower rate. 1

2 Manager Woodworth informed the Council that items budgeted for and not completed will need to be moved to the next year s budget. This will mean we will have to hold a public hearing to amend the budget budget amendment items discussed: 1) $17,195 will be added for the Civic Center Parking Lot 2) In the revenue, the City received more than budgeted. Revenue will be increased to reflect the difference. 3) In most departments, we will be adjusting the budget to reflect actual. 4) $20,000 was added to legals for the Anderson hearing. Of this amount, the City will be receiving $10,000 from our insurance carrier. 5) $333,880 will be transferred to the Capital Budget for roads. This is the $385,000 reserve the Council set aside for 2000 West plus interest. There is still $30,000 for the Pantry and $11,000 for the Fire Department in the Capital Budget. 6) $200,000 was budgeted for payment for a building for the Police Department. If not used this year, we need to amend next years budget by for this expense. 7) Money set aside for the Wagon Land Adventure is not money that the City will actually spend. It is grant money that we applied for and the Federal Government will pay the City back. 8) Manager Woodworth informed the Council that insurance/liability is continuing to increase. He is getting a quote from URMMA in the hopes that the City will be able to save 5-10%. 9) Manager Woodworth informed the Council that in the various departments, an increase will be implemented in order for the City to avoid a write up by the auditors. Last year, we were $27.00 off in one department and received a write up for it. This increase in budget is to cover the City for the audit as overage - especially the Public Safety area - is a major concern. The increase in budget will not be available for department expenditures. 10) Manager Woodworth informed the Council that $6,000 has been added to the Library budget for landscaping. 11) 1200 South sewer line, per the Council s direction, will be increased for completion this year. 12) Sewer line repairs behind Murdock Chevrolet and Jiffy Lube was not planned. $20,000 will be added to this budget. The work session adjourned at 6:53 p.m. CITY COUNCIL/R.D.A. MEETING Mayor Weese called the June 5, 2007 Joint City Council/R.D.A. Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont, Tremonton, Utah. In attendance were: Mayor Weese, Councilmembers Deakin, Holmgren, Reese, Stokes, and 2

3 Wood, Richard E. Woodworth, City Manager, Alyson Draper, City Attorney, Paul Fulgham, Public Works Director, Steve Bench, Building and Zoning, David Nance, Police Chief, and Darlene S. Hess, City Recorder. Mayor Weese welcomed all in attendance and told the audience that he appreciates the staff in Tremonton City. Everyone does a great job. 1. Opening Ceremony Mayor Weese informed the audience that City Attorney, Alyson Draper, had requested participation in the Opening Ceremony. If anyone may be offended by listening to a prayer, they should wait in the foyer during this portion of the meeting. The prayer was given by Alyson Draper. The Pledge of Allegiance was led by Councilmember Stokes. 2. Approval of agenda Motion by Councilmember Reese to approve the June 5, 2007 agenda with the change on Item 6 from Common Consent to Action Items that require a motion. Second by Councilmember Holmgren. Motion unanimously approved. 3. Approval of minutes - May 15, 2007 and May 29, 2007 #1 Mayor Weese informed the audience that on May 29, 2007, there were two meetings scheduled for the Council. A meeting in Brigham City and our regular session. Motion by Councilmember Reese to approve the minutes of the May 15, 2007 and May 20, 2007 #1 Meetings. Second by Councilmember Deakin. Motion unanimously approved. 4. Introduction of guests Mayor Weese welcomed everyone to the meeting. He asked Landon Fulgham, a Boy Scout from Troop 331, in attendance to commit to earning his Eagle Scout Rank. 5. Public Hearing(s): Mayor Weese opened the first public hearing at 7:05 p.m to discuss the following item. There were nine people in attendance. a. Consider adopting the proposed budget entitled The Tremonton City Annual Implementation Budget (General Fund, Enterprise Fund(s), and Special Improvement District #1) commencing July 1, 2007 and ending June 30, noting property payment for Fire Department and pond is being reduced to $32,225 and appropriate revenue adjustment. 3

4 Mayor Weese asked Manager Woodworth to discuss the budget. Manager Woodworth informed the audience that the budget had gone through a full scrutiny. Notice was given to the public and the budget has been available for review. The Budget is less than last year s budget. The utility is status quo. We do not have a lot of large projects this year South sewer line will come in around $900,000 to $980,000 with the rest being operation, maintenance and increases. Health insurance and insurance as a whole will increase. A facility for the Police Department will be included in this budget. Manager Woodworth told the Council that funds for work not completed in the Budget will be forwarded to this budget. Mayor Weese asked Paul Fulgham to tell the audience about the 1200 South sewer line. Director Fulgham told the audience that the City is installing an influent line from 1000 West to the Wastewater Treatment Plant. This will be a line 6400 feet long and twenty-four inches in diameter. It will run down the center of the road. The City is in the process of getting clearance to do it. It will replace the current trunk line that will be abandoned. The older line is a fifteen inch cement line. The fifteen inch line will be converted to a storm drain line to take the storm drainage to the river. Manager Woodworth asked Director Fulgham to explain the capacity change from the fifteen inch line to the twenty-four inch line. Director Fulgham informed the audience that for every inch you increase, it doubles the capacity. This should give the City a fifty-year life in this new line. Mayor Weese asked if there were any questions from the Council? Councilmember Deakin asked if this line will be able to assist with the water issue in front of the Tremonton Village Apartments? Director Fulgham told the Council that the new line will not assist this area; however, the old abandoned line will be put on line to take care of the water issue. The drain line on 1200 South is in this year s budget. This project is next in line. The plan is to pipe water from the Tremonton Village Apartments to 1200 South. It is just a matter of time until this project gets completed. Manager Woodworth informed Councilmember Deakin that the City has set aside $60,000 to do the project. Mayor Weese asked if there were any questions from the audience. Being none, he closed the public hearing at 7:12 p.m. Mayor Weese opened the second public hearing at 7:13 p.m. with ten people in attendance to discuss the following item: b. Consider adopting the proposed budget entitled The Redevelopment Agency of Tremonton City Annual Implementation Budget for both Area 2 and Area 3", for the period commencing July 1, 2007 and ending June 30,

5 Mayor Weese asked Manager Woodworth to explain the budget. Manager Woodworth told the Council that the RDA #2 will sunset in There was approximately $55,000 budgeted and expensed in error in the RDA #2 for this year. We will closeout the RDA #2 per our representatives request. The RDA #2 made a loan to parks in the amount of $118,000. RDA #3 will purchase this debt from the RDA #2 in order to allow us to sunset RDA #2. Manager Woodworth told the Council that in the RDA #3, contracts made will be completed. The City is obligated for the contracts and for the power poles. In the future for the EDA, West Liberty Foods, Millard Refrigeration and Malt-O-Meal, the contracts will be completed as made. Mayor Weese called for question or comments from the Council. There were none. He asked for question or comments from the audience. Micah Capener asked if the RDA #2 or Downtown RDA was being shutdown? Manager Woodworth informed Mr. Capener that the attorney s cannot agree on whether it is best to sunset or leave open. Tremonton City will be cancelling the RDA #2. Mayor Weese closed the public hearing at 7:14 p.m. Mayor Weese opened the third public hearing at 7:15 p.m. with ten people in attendance to consider the following: c. Consider revising and amending the combined annual implementation budget (General Fund, Enterprise Fund(s), Capital Reserve Fund and Special Improvement District #1) for the period commencing July 1, 2006 and ending June 30, 2007 Mayor Weese asked Manager Woodworth to discuss the changes. Manager Woodworth informed the Council that this budget amendment is for housekeeping. Last year, the City was written up for being over budget in one account approximately $ With this amendment, we will increase some departments so we do not get written up again. We do not intend for the departments to spend the money. Manager Woodworth discussed the following changes: 1) $200,000 has been set up for a building for the Police Department 2) $6,000 has been allocated for the Library landscaping 3) $722,000 was budgeted for 2000 West between B&C Road Funds and a $388,880 Capital Reserve Fund carryover from last year which includes interest. The auditors have changed the way we have done it in the past. We now need to expense out of the Capital Fund. The budget will be amended for this change. 4) $3200 will be set up for the Seed Utah Entrepreneurial Program. 5

6 5) Money from the RDA #2 will be used to do the Civic Center Parking Lot and storm drain line going to Main Street. $118,000 in receivables in the RDA #2 will be purchased from RDA #3 which will deplete all of the funds in the RDA #2. 6. Common Consent changed to Action Items: a. Consider Resolution adopting the Annual Implementation Budget for the fiscal year commencing July 1, 2007 and ending June 30, Motion by Councilmember Reese to approve Resolution adopting the Annual Implementation Budget for the fiscal year commencing July 1, 2007 and ending June 30, Second by Councilmember Holmgren. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. b. Consider Resolution RDA of the Redevelopment Agency of Tremonton City adopting the Annual Implementation Budget , Areas 2 and 3, for the fiscal year commencing July 1, 2007 and ending June 30, Motion by Byron Wood to approve Resolution RDA of the \ Redevelopment Agency adopting the Annual Implementation Budget , Areas 2 and 3, for the fiscal year commencing July 1, 2007 and ending June 30, Second by Jeff Reese. Vote: David Deakin - aye, Byron Wood - aye, Jeff Reese - aye, Stanley Stokes - aye, Lyle Holmgren - aye. Motion unanimously approved. c. Consider Resolution amending the Annual Implementation Budget for the fiscal year commencing July 1, 2006 and ending June 30, 2007 Motion by Councilmember Deakin to approve Resolution amending the Annual Implementation Budget for the fiscal year commencing July 1, 2006 and ending June 30, Second by Councilmember Stokes. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. d. Consider approval of the April Financial Statement Motion by Councilmember Reese to approve the April Financial Statement. Second by Councilmember Holmgren. Motion unanimously approved. 7. Request(s) to be on the agenda: 6

7 a. CERT Graduates - Mark Thompson This item was tabled due to the fact that there was a mixup on the date. Reed Summers was in attendance for the CERT portion of the meeting so Manager Woodworth took the opportunity to update him on the crosswalk on Main Street. Manager Woodworth told Mr. Summers that the City is very concerned on this issue. UDOT is doing a study; however, nothing has been reported back to the City. The City talked to Box Elder County about this issue. It may be some time down the road before things happen. UDOT is slow; however, the City still has the item on the back burner waiting for an answer. b. Business Licensing - Boyd Montgomery of Crystal Limousine Boyd Montgomery told the Council that he is the only limousine service licensed in Box Elder and Cache County. He has a business license with Perry City. Mr. Montgomery gave some background on his service in the Tremonton area. Mr. Montgomery had discussed this issue with Manager Woodworth who told him that a reciprocal agreement was being worked on. Alyson Draper, Tremonton City Attorney, told Mr. Montgomery that she had been reviewing the current code on who provides a service or sells in Tremonton. After doing the research, she is in the process of cataloging the businesses for licensing requirements. If a business is requested by a citizen to come to Tremonton to provide a service or transport people who have called to initiate the pickup and they have a business license in the community in which their business resides, they will not be required to license with Tremonton. Mr. Montgomery told the Council that he would like a letter or ruling giving him authorization to operate his business in Tremonton. Mr. Montgomery also stated that the staff treated him rudely. Mayor Weese informed Mr. Montgomery that the City Attorney will send him a letter. Councilmember Deakin told the Council that they need to look into the claim that the staff was treating people with disrespect as Scotts Lawn Service also reported that the staff were rude. Mayor Weese told Councilmember Deakin that this was not the time or place to go into this issue. Councilmember Reese told the Council that they need to revise the ordinance. Motion by Councilmember Reese to allow Crystal Limousine to operate in Tremonton City on a Perry City Business License as much as our citizens call for them to come to Tremonton for service. Alyson Draper, Tremonton City Attorney, will write a letter to Mr. Montgomery authorizing him to operate in Tremonton. Second by Councilmember Wood. Motion unanimously approved. 7

8 8. New Council Business: a. Consider authorizing the Mayor to sign final plats approved by the Land Use Authority Board and Planning Commission. City Council will be notified of action through advise and consent by the Manager. Mayor Weese informed the Council that with the LUDMA Law change, the Land Use Authority Board and Planning Commission now approve plats for subdivisions. In order to proceed in a timely manner, authorization by the Council for the Mayor to sign the plats then notify them through advise and consent in the City Council Meetings will be appreciated. Councilmember Holmgren told the Council that he does not want to influence this issue so he will abstain in the voting process. Mayor Weese asked if Councilmember Stokes was concerned about voting. Councilmember Stokes told the Council that he does not have any property involved at this time. Motion by Councilmember Reese to authorize the Mayor to sign plats approved by the Land Use Authority Board and Planning Commission and notify the Council at the regularly scheduled City Council Meeting through advise and consent. Alyson Draper, City Attorney, will draft the language. Second by Councilmember Wood. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren abstain. Motion approved by majority vote. b. Policy on mowing collector streets/curbs and City streets (Adjacent property owners or City) Mayor Weese informed the audience that the grass areas being discussed are on the edge of the road. The Council received a letter from a local business stating that he did not want grass planted. He wanted rocks instead. The Council discussed the issue that the City is already mowing grass in some areas along Main Street so it looks good. Public Works does mow on East Main. On 2300 West, Public Works does a single pass on areas without curb and cutter. They also do West Main to the four-way stop. Manager Woodworth reminded the Council that the strip by Fridal Heights being mowed is by an agreement made by a previous Mayor. Micah Capener, who was attending the meeting and a business owner, told the Council that he felt that the City should mow all or mow none. He is required to take care of the lawn by his business. UDOT won t even let them put a sign on the mow strip on his property. The Council decided to table this issue for further study. 8

9 c. Civic Center Parking Lot Bid Opening held May 209, Consider awarding the bid. 9. Unfinished Business: Mayor Weese told the audience that the City has taken bids to do the Tremonton City Civic Center Parking Lot. The City received three bids as follows: 1) Grover Excavation for $89, ) Rupp s Trucking for $97, ) Staker/Parson Companies for $70, Staker/Parson is the low bid. Manager Woodworth informed the Council that the parking lot was bid at $45,000 in 2001 without the drain line so the bid seems fair. Councilmember Stokes told the audience that redoing the parking lot is long over due and Councilmember Wood told the audience that the City needs to get it done. Motion by Councilmember Holmgren that the bid by Staker/Parson Companies is an acceptable bid for $70, Second by Councilmember Deakin. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. a. Consider Resolution clarifying Tremonton City s process as it relates to electronically transferred funds on information to address utility direct deposits for shut-offs. Mayor Weese told the Council that it seems that more and more of our citizens are using direct deposit. Manager Woodworth informed the Council that the statement in this resolution gives more clout to the office staff when funds are not deposited in a timely manner so as to alleviate the issue of water being shut off if accounts are in arrears. The statement reads: Tremonton City will not be responsible for electronically transferred funds until they are actually received by Tremonton City. Motion by Councilmember Wood to approve Resolution clarifying Tremonton City s process as it relates to electronically transferred funds. Second by Councilmember Holmgren. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. b. County Fair Booth - A Taste of Heaven in 2007" Mayor Weese told the audience that it is getting that time of year when the City gets ready for the Box Elder County Fair. Tremonton City and Brigham City have a spot reserved for them each year. In the past, the Youth City Council has done the booth. It was decided by the Council that the Fair Booth will be assigned to the Youth City 9

10 Council again this year. c. Consider a replacement for the Youth City Council Director Mayor Weese informed the audience that Tina Fulgham has asked to be released as Director of the Youth City Council. Ms. Fulgham has done a great job as director. Councilmember Wood informed the Council that Christy Asay has accepted to fill this position. The Council needs to appoint her. Motion by Councilmember to appoint Christy Asay as Youth City Council Director. Second by Councilmember Reese. Motion unanimously approved. Councilmember Reese told the audience that Ms. Asay will do a great job. d. Police building considerations Mayor Weese told the audience that the Police Department is about to the point of having to split their office as they have outgrown it. The City is looking at buildings to purchase for the Police Department. Due to the fact that the appraisal has not come in on a building they are looking at, this item will be tabled. e. Brigham City, Utah State University and Tremonton City Entrepreneur Interlocal Partnership Agreement per capita share Mayor Weese told the audience that the Council has been approached to join with Brigham, Box Elder County, and Utah Sate University in an Interlocal Partnership Entrepreneur Agreement. Half will come from private investors and the other half from this group. Manager Woodworth informed the Council that if Utah State University does not contribute, Tremonton City s per rata share will be $3200. Mayor Weese called for question or concerns. Councilmember Deakin told the Council that he was uncomfortable with number 2 on the second page. It was his understanding that this was a one time request for funds. #2 Commitment of Resources states: We agree to commit our resources, support and leadership to the full implementation, monitoring and management of the strategy and to maintaining an on going emphasis on entrepreneurial development over the years to come. After further discussion, the Council decided to modify the agreement. Councilmember Reese asked if Garland, Willard and Perry were considering joint venturing with us? Councilmember Stokes told the Council that these municipalities are considered part of Box Elder County. Councilmember Stokes told the Council that an adventure like this takes time to get it working. It may not happen right now. Mayor Weese called for a motion. Motion by Councilmember Deakin to approve 10

11 the Joint Interlocal Agreement for Entrepreneurial Development with Box Elder County, Brigham City, subject to modification of Item #2 on page 2 of the draft limiting the agreement to this year only. Second by Councilmember Reese. Vote: Councilmember Deakin - aye, Councilmember Wood - aye, Councilmember Reese - aye, Councilmember Stokes - aye, Councilmember Holmgren - aye. Motion unanimously approved. 10. Planning Commission recommendation(s): a. Consider approval to change the zoning from R1-8 to C-D for a one level ADA style multi-dwelling. A Public Hearing has been held by the Planning Commission. 11. Comments: Steve Bench of Planning and Zoning told the Council that Mike Roundy wants to change the zoning at 205 South 100 West across from the tennis court from R1-8 to C-D. This is the home that Walt Pearson owned. By rezoning, he will be able to put up a Five-Plex with four bedrooms or a Four-Plex with five bedrooms, slab on grade, that will be accessible for ADA. This is contiguous to C-D Zoning and allows for multi family dwelling and the neighbors have been notified. Other comments made by the Council: 1) It might clean up the area. 2) We need to hold him to one level. 3) The key is he has contacted the neighbors. 4) Are we changing the zone for just one location? 5) We have a need for this type of housing that is located close to town where residents can walk downtown. Motion by Councilmember Wood to approve a zone change from R1-8 to C-D for a one level ADA style multi-dwelling. Second by Councilmember Holmgren. Motion unanimously approved. a. Administration/City Manager advise and Consent 1) Manager Woodworth informed the Council that they are invited to attend a steak dinner at the Fire Department on June 21, 2007 at 6:30 p.m. There will be a discussion of Personnel Rules and Procedures. 2) Manager Woodworth informed the Council that at the Joint City Council/Planning Meeting on May 29, 2007, a vote could not be taken to authorize the Mayor s signature on the mylar for S & D Stokes 2 lot subdivision final. With the vote tonight on allowing the Mayor to sign plats approved in the Land Use Authority Board, he will be able to sign the plats then inform the Council. 3) Manager Woodworth informed the Council of the June 12, 2007 annual 11

12 TEC Meeting that will be held at 3:00 p.m. here at the Civic Center. 4) Manager Woodworth informed the Council that Town & Country Estates/Aspen Grove received the Town & Country Estates Utah Park of the Year Award on Wednesday, May 16, 2007 at the annual joint meeting of the Idaho and Utah Manufactured Home Association. 5) Manager Woodworth informed the audience that the Council had decided to table a decision on a letter received from Five Star Trailers, Inc. written to the Council. b. Council Reports 12. Public comments: Councilmember Deakin reported to the Council that people were pleased with the Memorial Day Program and the way the cemetery looked. Councilmember Deakin told Public Works Director Fulgham that he appreciated the work that the employees did to make the cemetery look good. Councilmember Deakin told the Council that he feels uncomfortable with the level of respect that Mr. Montgomery received from the staff on the Scotts Lawn Care and Crystal Limousine businesses. As a Council, we want to treat people good. Mayor Weese told Councilmember Deakin that this is not the time to go into this issue. Alyson Draper told the Council that she had been contacted about a private individual trapping citizens cats. Manager Woodworth told Ms. Draper that the Council is aware of this issue. Councilmember Wood thanked the Police Department for inviting him to participate in the training exercise they conducted. He had a ball shooting the various guns. This was a very informative training. Mayor Weese read a letter from Rural Water thanking the Council for allowing them to hold their training in the Public Works Training Facility. They stated that the facility was very clean and the Public Works and City employees treated them very well. They sincerely appreciate the staff for allowing them to hold their training in our facility. Mayor Weese also read a letter from a Mr. and Mrs. Kunz expressing their appreciation to the City for conducting a great Memorial Day Program. They said they had never attended a better or more touching program. Mayor Weese thanked Director Rhett Ogden for a job well done. It was a nice day. 12

13 Police Chief, David Nance, told the Council that each April the State holds a TAC Conference. He had received a letter from the TAC Conference Committee this year informing him that Ron Ogborn was nominated as TAC of the Year for the State of Utah. Each department is required to have a TAC representative. The FBI gets involved with the requirements and there is a lot of detail required for this position. Chief Nance told the Council that Ron Ogborn does a great job for Tremonton City Police Department. This is a well deserved honor for him. Ron not only works for Tremonton City, he works for Box Elder County and some other small towns as well. Chief Nance asked if he should send Mr. Ogborn a letter or if the Council will do it. Mayor Weese told Chief Nance that the Council will send him a letter. 13. Adjournment Motion by Councilmember Deakin to adjourn the meeting. Second by Councilmember Wood. Motion unanimously approved. The meeting adjourned at 8:24 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 13