TREMONTON CITY CORPORATION CITY COUNCIL MEETING October 2, 2012 CITY COUNCIL WORKSHOP

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1 Members Present: David Deakin (Arrived at 7:35 p.m.) Diana Doutre Lyle Holmgren Jeff Reese Byron Wood Roger Fridal, Mayor Shawn Warnke, City Manager Darlene S. Hess, Recorder TREMONTON CITY CORPORATION CITY COUNCIL MEETING October 2, 2012 CITY COUNCIL WORKSHOP Mayor Fridal called the October 2, 2012 City Council Workshop to order at 6:03 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, and Wood, City Manager Shawn Warnke, Recorder Darlene S. Hess, Zoning Administrator Steve Bench (arrived at 6:08), Public Works Director Paul Fulgham, Library Director Kim Griffiths, Senior Center Director Marion Layne (arrived at 6:52 p.m.), and Police Chief David Nance. Also in attendance were Emergency Management Coordinator Jim Hess and Animal Control/Code Enforcement Officer Greg Horspool (arrived at 6:28 p.m.). Councilmember Deakin will be late as he is caught in traffic due to an accident. 1. Review of agenda items on the 7:00 p.m. Council Meeting: The Council reviewed the October 2, 2012 Agenda with the following items being discussed in more detail: Approval of Agenda - Recorder Hess informed the Mayor and Council that Captain Earl Simmons of the Utah National Guard will not be able to attend tonight s meeting, so Agenda Item 7.a. will need to be tabled. Public Hearing on the LeRay McAllister Conservation Fund Manager Warnke stated that it was the Council s desire to hold a Public Hearing to receive input regarding the application. The Conservation Fund Advisor thinks Tremonton City will be moved on to the second round consideration, so the City passed the pre-application, and in the near future, some representatives will come and look at the site unless the Council decides to withdraw. Councilmember Holmgren asked if there were other areas of locations where the trailhead could be created. Councilmember Doutre said that she thinks this is where a lot of the citizen comments will focus. Councilmember Holmgren said a lot of people on the west side are coming. He would be more interested to see if there are comments from 1

2 residents on the east side. Councilmember Reese stated that there is no one living on the east side where the trail head would be. Councilmember Holmgren asked if there were other ideas of places where the trailhead could go. Manager Warnke said that he feels the best alternative would be to try to work with Mr. Smith on the south leg of the Malad River if the river could be crossed by a bridge. The City has five acres on the south leg of the Malad River that could be used for parking. The problem with the corridor is that it is starting to get subdivided out and there are already many owners on the south end of the corridor on the west side of the river that is already in separate ownership That gets really hard to work with. The same situation is starting to be seen on the north side, as well. Councilmember Doutre said that the concern of the people coming to the meeting this evening is the road that provides access to the bottom of the river and the question of where the parking will be on the east side by David Drive. Manager Warnke explained that there wouldn t be a road. What he envisions is trail access. Right now, parking would be on the street, but there has been talk of trying to secure some property to do a parking lot. Councilmember Doutre said that the parking may be the biggest hang up. Manager Warnke stated that the LeRay McAllister Fund can t be used for parking. Parking would have to be done through other means: other City funds or Impact Fees, for instance. Manager Warnke commented, regarding Public Hearings, that it is up to the Council to determine how information is interpreted. The purpose of the Public Hearing is to hear the public comments and to factor what is said into the decision. Last week people came who were supportive of the trail. It is unknown what will happen tonight. Comments at one meeting are not necessarily reflective of the entire community. At the same time, it is hard to ignore constituents who come and voice their opinions. It would be helpful to know fairly soon if the Council has a change of mind as far as proceeding forward with the application. Mayor Fridal commented that the tentative plan is for a.9 mile trail along the east side of the river. There are no plans to cross over to the west side of the river. The Council discussed various aspects of phone calls they had received and the concerns people may bring to the Public Hearing. Councilmember Holmgren stated that it is hoped that the trail would be something that is going to enhance the area. LSTA Grant for enhancements to the Satellite Library Branch s (Senior Center) computer lab Director Griffiths explained that this is a technology grant. It will be used to purchase computers for the Senior Center s computer lab along with tables and chairs so that computer classes can be held at the Senior Center. The grant requires a 10% match. The total grant amount is $22,000. Manager Warnke commented that a year or two ago the Council voted to have a Satellite Library at the Senior Center. This decision by the Council has created opportunities for the City to apply for library grants. The Garland Library has also been cooperative in 2

3 trying to get the Satellite Library. Director Griffiths said that she has worked in partnership with the Senior Center and the Garland Library to obtain this grant. Resolution No , Emergency Operations Center Emergency Management Coordinator Hess stated that it has been assumed that, in the event of an emergency, the City Council Chambers will be used as an Emergency Operations Center (EOC), however, there has never been a formal designation. Coordinator Hess met with Chief Batis and Chief Nance to see which of the City s facilities would best facilitate an EOC. Three different facilities were considered: the Civic Center, the Senior Center, and the Public Works Building. After looking at the pros and cons of each facility it was felt that the most obvious place where the citizens would be coming to should there be a problem, is the Civic Center. As a result, it is proposed that the Civic Center be designated as the City s primary Emergency Operations Center. With the upgrades that are being done to support the Court, the City Council Chamber is going to become more useable as an EOC. If it became necessary to have overnight operations where people need to sleep over, there is room in the basement. The Fire Station has cooking facilities where meals could be prepared, and there is a shower there. The first alternate Emergency Operations Center that is being proposed is the Senior Center. The Senior Center will facilitate a lot of the things that would need to be done. There are upgrades that have already been completed with that facility that makes it ideal to be used as an EOC. There is a unique situation in Tremonton City. Depending on where the emergency occurs, it could actually take out both the Senior Center and the Civic Center. As a result, it was decided to designate a second alternate EOC. In was decided that there are certain advantages to having the Public Works Building be designated as the second alternate Emergency Operations Center. The Public Works Building has some infrastructure built in, such as wireless capabilities as far as internet, that will allow the connection of phones, computers, etc. It is being requested that the Council designate by Resolution the City Offices as the primary EOC, the Senior Center as a first alternate EOC, and the Public Works Building as a second alternate. Once this is approved, there are some things that will need to be purchased to help facilitate the work of the EOC, wherever it is. Coordinator Hess said that he will put together a list of needed supplies and their cost and bring this list back to the Council. Mayor Fridal commented that this is a move in the right direction to start preparing for events that may occur. It is likely that such an event will occur some day. Resolution 12-48, Employee Assistance Program (EAP) Manager Warnke said that this was discussed at the last City Council Meeting, and the Council directed to have a contract prepared for consideration which would allow all City employees, with the exception of part-time recreation employees and temporary emergency employees, to be eligible to participate in this program. 3

4 Chief Nance commented that Blomquist Hale Consulting provided the EAP service at his previous employment and it was used fairly regularly by the police officers for various reasons. They did a good job. Coordinator Hess told about a bad accident a year or so ago. Afterwards, a CIS (Critical Incident Stress) debriefing was held where everyone participated. It didn t take care of the needs of one of the EMTs. He didn t feel like he could say that he was still having an issue with that wreck. He has since given up his EMT. Had the City had an Employee Assistance Program he might have used it. Councilmember Wood asked if there was assistance provided for the EMT s that responded to the Utah State University accident. Coordinator Hess responded that there was counseling, but there are EMTs who continue to have nightmares since that accident. It may have been useful if more help had been available. Manager Warnke told the Council that sixty days before the contract ends Blomquist Hale Consulting will give the Council a usage report. They will also do some orientation and payroll stuffers to help get the word to City employees that this EAP service is available. They will probably be used for training a couple of times to help them get comfortable with the organization and to build some rapport between the employees and the consulting firm. Manager Warnke stated that the EAP service can be for any type of issue, including marital or financial problems. The total annual cost for 117 employees will be $4,914. Resolution 12-50, agreement with Bear River Health Department for sidewalk, curb and gutter along 600 North Director Fulgham said that in May of this year the Council and budgeted money toward a sidewalk, curb and gutter along 600 North. The cost will be a little bit more than was originally thought because there is some asphalt involved in it. The Staff met with Box Elder County and the Bear River Health Department and their contractor. It was the plan to have Bear River Health Department s contractor, Inter-West Construction, do the project. When the Staff received the contractor s bid, the bid was for $73,763, way more than what the City had planned on. The Staff told them that it was felt the project should be put out for bid. In talking to Box Elder County through Commissioner Brian Shaffer, the County committed to provide the top soil, some gravel, road base, and pit run material for the project. The Staff thought that if the City removed the old asphalt, curb and gutter, some additional funds could be saved. The project was put out to bid to five different bidders. Only two and one-half bids came back. A stand alone concrete bid was submitted. Rupp s Trucking submitted a bid for $38,147, and Grover Excavation submitted a bid for $45,767, but when the portion of the work the City and the County plan to do was deducted, those bids changed drastically. Rupp s bid then became $32,168 and Grover s was $31,267. In conversation with Blaine Rupp of Rupp s Trucking, he assured Director Fulgham that he would match Grover s bid, and he is already on site as he is doing the rest of the site work for the Health Department. After talking about the project with Grover, they were fine with awarding the bid to Rupp s. 4

5 It is the Staff s recommendation that the bid be awarded to Rupp s for $31, It may be possible to lower the cost a little bit more if the County contributes the gravel and pit run. Manager Warnke explained that the Resolution prepared for the Council s consideration, would approve an Agreement with the Bear River Health Department and Utah State University (USU) for the installation of sidewalk, curb, and gutter along 600 North. A text message was just received from the Health Department stating that they are good to proceed with the agreement as written. An message was received from Mr. Tom Lee from USU and it sounded like USU is ready to enter into the agreement as well. Director Fulgham said that Tremonton s portion of the project would be $16,970. The estimate in May was about $12,000. That estimate didn t include some asphalt work that needed to be done on the west entrance. This would complete the campus look of the entire facility. Councilmember Wood asked if the low income housing funds could be used for this project. Manager Warnke didn t think so. Though he asked the State if health care facilities were eligible, he has never received a clear answer. Director Fulgham said that he has a crew that can start removing the asphalt and curbing tomorrow. Rupp s wants to get their portion done this Fall. Manager Warnke clarified that the Bear River Health Department s and USU s participation is being formalized through this Resolution. Box Elder County s participation will be formalized in a letter. Disposal of Property held by Police Department Chief Nance said that the property is mostly bicycles. There is also a skateboard and some other miscellaneous items. The items have been held for a couple of years and no owners have come forward to claim them. The Police Department regularly donates these items to charity. They are usually fixed up for Christmas. The items are donated to charities such as Deseret Industries, Salvation Army, etc. Extension of lots in Holmgren Estates East Subdivision Councilmember Holmgren explained that one of the buyers needs to hold off for a little while so he needs to table this Agenda Item. Councilmember Reese expressed concern that this lot extension would eliminate that end of the property to have a trail. Councilmember Holmgren said that it doesn t because there is an easement along the river that is recorded on the plat. Community Survey Manager Warnke stated that one of the ways to get stronger public input is to do a community survey. There are several options available. Manager Warnke said that he is most familiar with the BYU option which would not come into play until a year from now. Surveys are a snapshot in time, so the real value of a survey is when they can be done every couple of years to gauge how the public s priorities and 5

6 perceptions change. Several options for having a survey done were presented: BYU students, Utah State University students and City volunteers, or Dan Jones and Associates. The most expensive option would be to have Dan Jones and Associates do the survey. The meeting adjourned at 6:54 p.m. by consensus of the Council. CITY COUNCIL MEETING Mayor Fridal called the October 2, 2012 City Council Meeting to order at 7:04 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 Deakin (arrived at 7:35 p.m.), Doutre, Holmgren, Reese, and Wood, City Manager Shawn Warnke, Recorder Darlene S. Hess, Fire Chief Steve Batis, Zoning Administrator Steve Bench, Public Works Director Paul Fulgham, Library Director Kim Griffiths, Senior Center Director Marion Layne, and Police Chief David Nance. Also in attendance were Emergency Management Coordinator Jim Hess and Animal Control/Code Enforcement Officer Greg Horspool. 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 Emergency Management Coordinator Jim Hess and the Pledge of Allegiance was led by Library Director Kim Griffiths. 2. Introduction of guests. Mayor Fridal welcomed all those in attendance, stating that a record number of people were at the meeting. Those in attendance included a group from Holmgren Estates, a group from the River Valley Subdivision, representatives from the New Hope Crisis Center, the Youth City Council and their advisers, eleven Scouts and one leader from Boy Scout Troop 421, and four Scouts and one Leader from Boy Scout Troop Approval of Agenda. Mayor Fridal asked if there were any changes or corrections to the Agenda. comments were made. No Motion by Councilmember Wood to approve the agenda of October 2, 2012 with the deletion of Agenda Items 7.b. and 11.a. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 4. Approval of minutes September 18, Mayor Fridal asked if there were any changes to the minutes. 6

7 Motion by Councilmember Reese to approve the minutes of September 18, Motion seconded by Councilmember Holmgren. Vote: Councilmember Doutre - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. 5. Public comments: Comments limited to three minutes Lynn Purcell asked for an explanation about the proposed walk-way along the east side of the Malad River and how it was going to impact those who own property around the river. This is a concern for a significant number of people in attendance this evening. It was Mr. Purcell s thought that if the Council would explain what they have in mind, it might defuse some of the strong negative feelings. Jim Holmgren said that the Council hasn t explained anything to the Public and said that the Council has kept their plans a secret. It is his understanding that the Council plans to put in a parking lot adjacent to his lot. Anything like this ought to be publicly known before the citizens come to a meeting like this to try to guess what is going on. There should be some input from the people who are going to be affected by this before they ever come to this meeting. He stated that he feels it is poor [planning] on the Council s part to [not do that] before holding a meeting like this. Councilmember Wood responded that this is why a Public Hearing is being held this evening and there has been nothing discussed about a parking lot adjacent to his lot. Councilmember Wood said he doesn t know where that is coming from. At the Public Hearing, the citizens will be given information and public input will be invited. Nothing has been decided. The Council has just barely started considering this river trail within the last month. Mr. Holmgren said that the City spent a lot of money on the Jeanie Stevens Park Trail and people don t use it. Councilmember Wood said that the City doesn t have a lot of money to spend so a grant has been applied for and the Council is thinking that a trail along the Malad River would be a possibility. It is not like the Council is trying to do anything under cover. Joyce Harris said that her concern is that her property joins the Holmgren Pond and she is constantly being flooded by the pond up to eight feet on the lawn. Ms. Harris has a retaining wall, a fence, and a sprinkling system. Last year she had the sprinkling system all blown out, and she came home and she was under water. She had to replace several sprinkler heads. Also, the retaining wall is getting cracks in it. Ms. Harris wanted to know what rights she has as a property owner. Mayor Fridal responded that she does have rights as a property owner, but those rights don t necessarily have anything to do with the City. She might want to consider talking to an attorney. Manager Warnke added that, from Ms. Harris explanation, it appears to be a civil issue between her and the other property owner. The City is not a mediator between individuals. Ms. Harris said that there is a head gate there that is opened and closed at the Holmgren s discretion to fill the pond. Ms. Harris feels that it should be left at a level so that it doesn t flood her lot. 6. Public Hearing 7

8 Mayor Fridal called a Public Hearing to order at 7:15 p.m. to consider an application for the LeRay McAllister Critical Land Conservation Fund. There were 61 people in attendance. a. Regarding Tremonton City s application for the LeRay McAllister Critical Land Conservation Fund to provide financial assistance for the City to acquire a conservation and public access easement for approximately a 34 acre parcel of property along the east side of the Malad River Bottoms in close proximity to Holmgren East, Phase 2 Manager Warnke explained that a packet of information was put on the back row which summarizes the application for the LeRay McAllister Critical Land Conservation Fund Grant. The concept of developing a Malad River Trail started back in 1978 and it has been a part of the City s General Plan since then. It also was included in the City s 1995 Parks Master Plan, in the 2000 Trail Study, in the 2002 General Plan, and then, again, in 2011 in the City s Trails, Parks, and Open Spaces Master Plan. All of those were public processes that invited the public to come in and comment as the plans were developed. Manager Warnke said that since 1978, not a lot has been done to actually implement some of those plans. The City had the opportunity to apply for the LeRay McAllister Fund, which is a Fund that helps communities preserve critical lands which are to be left undeveloped except for public access. Trails can be developed on land where LeRay McAllister Funds have been used, so the City submitted an application. It is a two step process. There is a preliminary application and a final application. By applying, it doesn t mean the City has to accept. It just gives the City the opportunity to apply for the funding. It is a competitive process, but, potentially, the City could be granted the funding. There are several projects that are in line for some money, including the Jordan River Parkway, two large parcels in Summit County, and several others. The City s submittal is an $80,000 project with a 1:1 match, so the City would be putting up $40,000 if the City were to go through with the project. Manager Warnke stated that the idea is to develop a trail along the east side of the Malad River. The information that is on the back row shows the parcels, the idea, and the concept. It is not a simple fee title acquisition. The City would try to acquire a conservation easement, meaning that the City would just own the right to have the public access across the land and would also restrict some of the uses of the property, but the property owner would still own the property. It is contemplated that $80,000 would be the cost of the project, but an appraiser would come out and appraise the conservation easement value, and by that, the City would decide what the actual cost of the acquisition would be. Manager Warnke said that at this point, the City doesn t have any applications for funding for trails. This application would just be for the acquisition of the easement. If the City were able to get the actual easement, the next step would be to develop the trail. The City would then work to obtain grants for the trail, as well. Mayor Fridal pointed out the green area on the map and said that it indicates the 8

9 proposed trail walkway. Manager Warnke said that the map shows thirty-four acres and there is a 0.9 of a mile loop that goes around to create a loop trail on the east side of the river. Councilmember Reese said that the right-of-way is what the citizens in attendance are concerned about. He apologized for having a biased opinion on the project, but he thinks the citizens need to know that the trail could come on the other side of the river because the City owns the ground. Terri Holmgren said that the concern of the people she has visited with is having the trail located behind their home. One of the people she talked to said that they had paid a little more for their lots for the seclusion, for not having people build behind them, and there is concern that the trail will take away the privacy in their backyards. Ms. Holmgren and her husband are also concerned about the easement. Before they even bought their lot, she, her husband, Jim, and Myrna and Doug Estep came to the City. The City Council scoffed at them because they said that they had talked to Wayne Holmgren about the easement and told them that the right-of-way couldn t be taken out and the road had to be there. For twenty-seven years she has heard that a road would never be built there. She asked if there were any other right-of-ways that have been discussed. Councilmember Holmgren said that he doesn t know of any other right-of-ways on the west side. This area has only been talked about because the City has a right-of-way between the Myrna Estep and the Jim Holmgren property. Everything else will be on the east side. Councilmember Wood said that there is no proposal to use the right-of-way by her property. If the City were to do anything on the west side, the right-of-way would be way down the road. In order to go through there, the City would have to put in a bridge across the Malad River. The trail being discussed is all on the east side. Ms. Holmgren said that she was told at one time that an access was proposed over by Fronk s property in Fridal Estates and that was taken out because Jerry Fronk threw a fit. She wondered if they threw a fit if it would help. Dr. Lynn Purcell asked if the proposal for the City to get $80,000 in grant funds is strictly for the City to get the easement along the Malad River and no proposal is really out there for an actual trail. Mayor Fridal and Councilmember Doutre told him that he was exactly right. Manager Warnke stated that the intent, with the acquisition of the Conservation Funds, is to allow public access to the river bottoms. Dr. Purcell said that from looking at the map he wonders where people would access the trail. It appears to be coming off of the north end of the east side of the river. Councilmember Holmgren said that is correct. There is a detention pond on the east side and it would be a little bit north of there. Councilmember Holmgren said that he had intended to step out of the room so everyone can talk freely, but he wanted to say that the reason why the Council thought about this trail is because they wanted to do something that was a plus for the community and not a negative. It was thought that this would be something that would be an attraction and a reason why people would want to come to the area and have a place where they could walk around and enjoy themselves, but it 9

10 would not be for four wheelers, which, by the way, go down there all the time, now. If it is the feeling that this is not what people want, Councilmember Holmgren said he was fine with that. The Council doesn t want to do this if it is something that the citizens don t want. They want to do something that will enhance the area. All of the residents who are concerned about people going down there and invading their privacy need to know that there are people down there on the east side all the time now. Dr. Purcell said that he understands where Terri and Jim Holmgren are coming from, but on a personal basis he has no opposition to it. He is a little bit concerned about access, but it certainly is not going to hurt him and he has always kind of liked the idea of foot trails down along the Malad River bottoms. He asked if any of the land is wetlands and was told that it is. He then asked how the Council proposes to deal with that. Councilmember Holmgren replied that the trail would avoid those wetlands. Councilmember Holmgren talked to the people who deal with the Army Corps of Engineers and they say that in crossing the wetlands there would have to be a boardwalk, or something of that nature, and they have specifications as to how high it would need to be to not interfere with the growth underneath it. Most of the trail would go along the riverside itself where the land is a little higher, and it wouldn t be wetlands. The idea is to avoid wetlands as much as possible. Manager Warnke stated that the $80,000 includes the acquisition of the easement and also a Wetland Delineation Study. That is how it would be determined where the wetlands are. Tami Kimball said that her backyard runs along the Malad and her concern is that there is a tremendous amount of wildlife that come to the river bottoms and she fears that lots of dogs and lots of people walking around will deter the wild life coming there. As was mentioned before, people bought those lots thinking that there wasn t going to be anything back there. They have benefited from having that behind them. Ms. Kimball stated that she also knows, with people being down there, there will be garbage, loose dogs, and all kinds of stuff that isn t necessarily a plus. She hopes that the Council will think not only about bringing more people to Tremonton but also about the negative things that come with over use of areas that are now wetlands and where there are more animals, waterfowl, and wildlife that isn t found in other areas. Mayor Fridal asked that when the citizens ponder this and the hypothetical access to the river bottoms, the possible parking area, and possibly the trail just north on the east side of the river, guess who s lot is right next to the access? It is Mayor Fridal s. It isn t anyone else who will be affected. Mayor Fridal s lot will be affected more than anyone else s at this meeting. There were comments indicating that this is not what those in attendance had been told. Mayor Fridal responded that that is what they are learning tonight. Jim Holmgren asked if the $80,000 on this project involved the purchase of the thirty-four acres of property. Manager Warnke explained that it is not an acquisition fee simple, meaning that the City would not own the property. The City would own an easement for the property. This amount is a budget which Manager Warnke had to put together based upon what he thought the easement might cost, along with the Wetlands Delineation Study, cost for surveying the property, and the cost for the appraisal. The actual value of what the easement 10

11 would be would be determined by an appraiser. Councilmember Deakin arrived at 7:35 p.m. Mr. Jim Holmgren commented that no one even knows the numbers. This is just the walkway and the $80,000 has nothing to do with the property. He asked if the City would still have to buy the property. Manager Warnke said that was incorrect. Mr. Jim Holmgren said that the City must have to pay something for the property. Manager Warnke replied that the compensation is the payment for the conservation easement. If the application was successful and the grant money was received, the City would pay the property owner the appraised value of the conservation easement. The property owner would still own the property. The City would just own the right to have access across the property and other restrictions. The $80,000 includes the payment for the easement, the Wetlands Delineation Study, the survey being done, and the cost for the appraiser. Mr. Jim Holmgren asked if the Council knows what the payment back to the land owner will be and Manager Warnke replied that it had to be estimated. The amount was estimated a little high based upon some other appraisals. The $80,000 does not include the actual improvements to the land. That would be a subsequent grant application. Councilmember Wood said that it is a lot of money and, as the Council goes further into this and it is determined that no one wants it, the Council is not going to spearhead it through. The Council wants to enhance the community and do things that are nice. The City has a trail already, and there are sidewalks and roads a lot of places where people can walk throughout the City. So, if it is going to be a lot of money, the Council will back away. Darrell Lewis said that he is not opposed to a walking trail. He thinks Tremonton needs a nice walking trail. He is not sure that it is needed as proposed. The reason he said that is because he feels it will be an expensive operation by the time black plastic has to be placed along the edge of the river before it can be developed. It is his understanding that the Malad is a free-flowing river from the Daniel Reservoir in Idaho until it gets to the Great Salt Lake. Therefore, it is under the direction of the United States Corp of Engineers. Councilmember Holmgren corrected that it is under the direction of the State of Utah. Mr. Lewis recalled that when Kelly Harris dammed the River several years ago, the Corp of Engineers became involved in it. Councilmember Holmgren stated that all waterways are the property of the State. Any modifications to that waterway would involve the Corp of Engineers. If a bridge were ever to come to fruition, then the Corp of Engineers would have certain specifications as to how it was constructed. Mr. Lewis asked who was going to maintain and police the trail every day. It is one thing to have a walking trail where a police car can drive by every night. He asked if there would be a way to stop access to the trail after dark. There are problems with walking paths in cities everywhere. It is a big deal at first then the first thing you know the weeds start to grow up. If it is maintained and someone is going to take care of it, Mr. Lewis says he has no objections to a walking path. Max Ramsdell, a Boy Scout in attendance, said that, if the City were to put the walking trail into effect, his Boy Scout Troop might volunteer to clean up the trail 11

12 as a community service project. He feels that the rest of his troop would agree with him that they would really like to see a walkway along the Malad River. Mayor Fridal thanked everyone for coming to the Public Hearing and said that every one of the comments was valuable. At a meeting a few weeks ago some people came who thought the trail would be neat. This evening we have heard comments from people who think perhaps it is not neat. This is an exploratory thing so the Council can learn what the public wants. The Council has talked about a trail along the Malad River, but there certainly were no plans to go ahead and construct a trail. The Council doesn t know what the public thinks unless they tell us. Shauna Barfuss of Elwood said that she thinks Hansen Park would be a great comparison. Her house looks down on Hansen Park They lock up at sundown and open the gate at 8:00 a.m. They haven t had any problems. It has been a great experience to have a beautiful little river and to look down on Hansen Park. Mayor Fridal closed the Public Hearing at 7:44 p.m. Police Chief Nance left the meeting at 7:44 p.m. 7. Request(s) to be on the agenda a. Oath of Office for Youth City Council Recorder Hess commented that she hoped not everyone is leaving the meeting as the Youth City Council is important. Recorder Hess administered the Oath of Office as follows: Aimee Brown Tremonton Youth City Council Advisor Cindy Payne Tremonton Youth City Council Assistant Advisor Spencer Borup Tremonton Youth City Council Mayor Brandon Manning Tremonton Youth City Council City Manager Shayli Wood Tremonton Youth City Council Recorder Maggi Palmer Tremonton Youth City Council Committee Chair Colby Grover Tremonton Youth City Council Committee Assistant Zach Brown, Jordan Spackman. Miranda Hoover, Justin Stuart, Jaalah Brown, Dallas Kidman, McKinzie Robertson, Hattie Palmer, Lillian Woolley, Samantha Getz, and Rylee Owens Tremonton Youth City Councilmembers Mayor Fridal thanked the Youth City Council for coming and told them they are a great group of kids. Emergency Management Coordinator Hess, Youth City Councilmembers, and Boy Scouts left the meeting at 7:52 p.m. b. Community Covenant Program Utah National Guard, Captain Earl Simmons This Agenda Item was tabled. c. River Valley Subdivision Neighborhood Group 12

13 Erin Martin, representing the River Valley Subdivision Neighborhood Group, mentioned some things that the Group wanted to present to the Council: 1. A streetlight work order has been put in place, but information was received indicating that no wiring has been run to power the streetlights. Ms. Martin asked how long it will be before the streetlights will be installed and what the process will be. Zoning Administrator Bench said that the developer is trying to contract to get the power put in. Once the conduits for the power are in, and Rocky Mountain Power is notified, Rocky Mountain Power will submit a contract to the City for approval. Once the fees are paid, Rocky Mountain Power will schedule the installation of the lights as time permits. Street lights are usually the last thing to be installed in a subdivision. Eight lights are planned. Zoning Administrator Bench suggested that Ms. Martin contact Rocky Mountain Power to see what there timeline is. Rocky Mountain Power tries to position the lights as close as possible to existing power boxes so they don t have to go across any more property than necessary. Councilmember Holmgren said that sometimes it is as much as a year after the subdivision is developed before street lights are put in. If the curb and gutter is in and the lots are identified, then the lights can be installed. 2. Ms. Martin asked for an update on the cleanup of the empty lots. Nuisance Officer Horspool said that the lot on the corner of 2450 West 500 North has been taken care of. An individual associated with Big Bear sent someone out to give a bid. They were at River Valley Subdivision yesterday and today. They are moving to get something done. Ms. Martin said there was some dialogue about possibly having a bigger fence behind the residents property and asked if that was something the City could help with. Officer Horspool replied that the City is completely out of the loop on that. It is something that would be between the residents and the contractor. Zoning Administrator Bench said that the City didn t have a fencing ordinance in The City can t go back and require fencing in subdivisions that were built prior to the Ordinance. 3. Ms. Martin asked if the Councilmembers who have driven through the development have seen any improvement. Officer Horspool commented that at the corner at 500 North 2450 West, all the Stop Signs have been mowed around, the radar trailer has been in the area both night and day, further enforcement has been deployed for both control traffic and all other enforcement issues. The dumpsters that are there are building dumpsters. A few of the people in the neighborhood wanted them removed and put elsewhere. The curb and gutter has already been put in and could be damaged if they were moved. It would be better to leave them where they are for now, knowing that the contractor is almost done with the construction in that area. It would be better to wait 13

14 until all of the construction is finished. Ms. Martin said that the problem is that the dumpsters are not being maintained. Garbage is everywhere. Officer Horspool said that he spoke with each of the residents/contractors out there. They have cleaned up the one corner where some construction was being done. Officer Horspool requested that Ms. Martin report to him if she sees a continual problem. Officer Horspool said that another approach with the apartments would be to contact the facility manager at the apartment complex and let them know that the garbage is blowing into yards. The Police Department has contacted the businesses on complaints. Officer Horspool went out on one complaint of noise, but the noise really wasn t loud enough to be a noise violation. It would be comparable to him complaining about his neighbor two blocks down the street mowing his lawn. The residents in the subdivision need to be careful about being frivolous about the complaints. There is new ownership of the lots. They don t want to just come in and mow. They want to come in and level everything off and haul all the stuff off. They just acquired the property about a month ago and have been more than cooperative. They just need to be given a little time. Ms. Martin thanked the City and Staff again for their responsiveness. Mayor Fridal commented that he and several members of the City Council have been through their subdivision and they have an extremely lovely neighborhood. They should be proud to live there. Ms. Martin asked what the possibility would be of rezoning the area so that, instead of constructing new apartments, it could only be town homes. Zoning Administrator Bench said that the way it is zoned now, it could be either. The trouble with town homes, especially in Tremonton right now, is that a lot of them are built as town homes (meaning that they all have separate meters and own a portion of the property) but they are also bought as investments and then rented. Ms. Martin asked if the zoning in general could be changed. Zoning Administrator Bench said that the trouble is that there are a couple of owners that have a few lots in that area and he doesn t see them wanting to build anything other than apartments or something commercial. The group is welcome to come to Planning Commission Meeting and discuss a zoning change with them. Councilmember Deakin mentioned that the Neighborhood Group did have a representative at the last Planning Commission Meeting. The challenge is that development has already been started in that area and when the owners bought the property they were under the impression that they would be able to put more multi-dwelling housing in. It is a little awkward now to tell them that they can t. Director Fulgham stated that it could become a legal issue because it would be taking a property right away from them. Councilmember Deakin stated that for areas that haven t been developed, and there are some further west of the River Valley Subdivision, those are discussions that the Planning Commission really ought to be having especially for those areas that haven t even been incorporated into the City yet. 14

15 8. Proclamation Zoning Administrator Bench referred to the earlier discussion of fencing and clarified that whatever happens on the vacant corner will be fenced when it is developed. Members of the River Valley Subdivision Neighborhood Group left at 8:15 p.m. a. Domestic Violence Month Annette MacFarlane In attendance with Annette MacFarlane were Shauna Barfuss, Jeanne Perry and Annette Dickamore who is the President of the Board of Directors at New Hope Crisis Center. October is Domestic Violence Awareness Month. Ms. MacFarlane thanked Chief Nance for all of his support. Tremonton had a couple of sexual assaults a few months ago that were pretty brutal. It is important to have officers who are trained to be not only policemen but advocates for the victims of sexual assault. Ms. MacFarlane thanked the City for their financial assistance, and said they are thankful that Councilmember Doutre is on their Board. In 2011, the New Hope Crises Center served 2,212 individuals, men, women and children. Through September 30 th of this year they have served 1,912. The population continues to grow and, unfortunately, our culture is very violent and violence is becoming almost acceptable. Violence is growing out of pornography and affecting attitudes. The New Hope Crisis Center has been continuously occupied since Three weeks ago there were eight women and fourteen children in the shelter. It has been really busy and it is a challenge. They are grateful for the community support they receive - especially for the donations. Shauna Barfuss is the Education Director and conducts workshops in the schools, teaching about healthy lifestyles, communication skills, and internet safety. Ms. Barfuss said that the older girls who have had some of those experiences with dating are realizing that the bigger issue is about respecting themselves. Her goal is to instill in the kids that they have a right to their future and their time is so valuable. She tries to help them envision what they want to be at the age of twenty-five and then decide what they need to be doing now to get to that point to set high goals and not just settle for someone just to have someone in their life. Councilmember Doutre asked if there are things the Crisis Center needs that the community can help with. Ms. MacFarlane responded that they always have a long needs list. Just contact the Shelter and they will provide the list. They are starting to get ready for Christmas. There are a lot of children at the shelter with their mothers. Ms. Dickamore read the proposed Proclamation declaring October 2012 as Domestic Violence Awareness Month. Ms. Dickamore stated that the community and the County really doesn t realize the dedication and work that goes into keeping the New Hope Crisis Center going. 15

16 Motion by Councilmember Doutre to support Mayor Fridal in signing the Proclamation declaring October 2012 as Domestic Violence Month in Tremonton City, Utah. Motion seconded by Councilmember Wood. Councilmember Doutre stated that she really admires all of those who are involved with the Shelter. Vote: Councilmember Deakin - aye, Councilmember Doutre - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. Representatives of the New Hope Crisis Center left the meeting at 8:28 p.m. 9. Department Head Reports a. Report from Kim Griffiths, Library Director, and Marion Layne, Senior Center Director, on the LSTA Grant for enhancements to the Satellite Library Branch s computer lab located in the Senior Center Library Director Griffiths reported that the Library has procured an LSTA (Library Services and Technology Act) Grant. The Library Staff has set certain technology goals. One of those goals is to provide basic computer classes to adults. This grant will purchase ten computers for the Satellite Library Branch at the Senior Center in order to make the computer lab complete. It will also provide all the equipment that will go with that. Classes will be held for the seniors in the mornings and for adult community members in the evenings. Library Director Griffiths left the meeting at 8:30 p.m. b. Report from Steve Batis, Fire Chief, regarding the draft Interlocal Agreement with Garland for Fire Services and other issues Chief Batis said that a copy of the draft Interlocal Agreement for Fire Services was sent to Garland. It had been upgraded because there were key things left in the agreement that the Tremonton Staff had removed. Garland s concern on the mutual aid side was that they wanted Tremonton s platform engine in the agreement, so before it is agreed to, Manager Warnke and Chief Batis felt that the City Council s approval should be obtained. Garland has extrication equipment so, on an engine in the mutual aid side, they want Tremonton s extrication equipment added, when needed. The only change in the document that they would like added is the availability of the City s platform engine, which they would not be able to provide in return for Tremonton. Councilmember Doutre asked Chief Batis how he feels about adding the platform fire engine, and he said he agrees as the only structures in their City that a platform engine would be needed for are ones that also benefit Tremonton, such as the high school. Councilmember Wood asked if Tremonton would get paid for the use of the platform engine. Chief Batis responded that he guessed the City could charge for the use of the platform engine. With mutual aid, Garland and Tremonton automatically send fire engines to each other when there is a fire. The way the agreement is written it would be a good will gesture from Tremonton to Garland. Chief Batis feels that it would be a good thing to provide that service to Garland. 16

17 10. New Business. Councilmember Reese stated that he doesn t see a problem with it, but the first thing that comes to his mind is that Tremonton charges Elwood to help with their fires. He asked if the two situations are similar. Chief Batis said that the difference is that Tremonton has no mutual aid agreement with Elwood. Elwood contracts with Tremonton for all their fire services. Councilmember Reese asked if Elwood would have recourse to come back and ask why Tremonton hasn t charged Garland for that part of its fire response services. Councilmember Holmgren said that Tremonton has no reciprocal agreement with Elwood. Councilmember Doutre pointed out that, as Garland can t reciprocate on the platform, perhaps Tremonton should agree to make the platform available but with reimbursement. Chief Batis pointed out that Logan City would also like to do a mutual aid agreement with Tremonton and with Brigham City. Per population, Logan has a lot less rigs to transport than Tremonton does. Councilmember Reese said that that answered his question and that perhaps the platform should be included in the agreement. a. Discussion and consideration of adopting Resolution No approving a contract with Blomquist Hale Consulting for an Employee Assistance Program for Tremonton City Employees Manager Warnke said that everything that was discussed by the City Council at the last meeting is included, which means all of the employees will be covered except the ones that were talked about and a usage report will be sent for the Council s review. The Usage Report will be reviewed sixty days before its expiration. Motion by Councilmember Reese to adopt Resolution No Motion seconded by Councilmember Holmgren. Vote: Councilmember Deakin - aye, Councilmember Doutre - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved. b. Discussion and consideration of adopting Resolution No formally designating a City facility to be used as Tremonton City s primary and alternate Emergency Operations Center Motion by Councilmember Wood to adopt Resolution No Motion seconded by Councilmember Doutre. Vote: Councilmember Deakin - aye, Councilmember Doutre - aye, Councilmember Holmgren - aye, Councilmember Reese - aye, and Councilmember Wood - aye. Motion approved c. Discussion and consideration of adopting Resolution No approving an agreement with the Bear River Health Department for the installation of sidewalk, curb, and gutter along 600 North Director Fulgham said that this is the curb, gutter, and sidewalk project that was 17