02.09.21 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
February 9, 2021

Minutes of the Richfield City Council meeting held on Tuesday, February 9, 2021
at 7:00 p.m. in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor David C. Ogden presiding.

1. OPENING REMARKS
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. MINUTES APPROVED
5. EXPENDITURES APPROVED
6. AGREEMENT FOR THE JULY 3RD CONCERT APPROVED
7. PUBLIC HEARING FOR REZONE
8. PLANNING COMMISSION REPORT
9. LINKS SUBDIVISION AND FUTURE MAINTENANCE OF THE DETENTION POND APPROVED
10. LOT SPLIT APPROVED
11. ANNEXATION RESOLUTION 2021-1 ADOPTED
12. UPGRADES TO THE SPRINKLER SYSTEMS AT ROTARY AND LION’S PARKS APPROVED
13. PERFORMANCE BOND SEWER LIFT STATION REQUIRED
14. ORDINANCE 2021-2 DEFINING “SENIOR HOUSING” ADOPTED
15. AGREEMENT FOR THE PURCHASE OF WATER APPROVED
16. UPCOMING IRRIGATION SEASON SET
17. AGREEMENT WITH THE SEVIER VALLEY CANAL COMPANY APPROVED
18. INDEPENDENT FEE ESTIMATE AND CATEX FOR THE AIRPORT APRON PROJECT APPROVED
19. PROJECTS FOR THE CAPITAL PROJECTS LIST DISCUSSED
20. FINANCIAL REPORT DISCUSSED
21. OTHER BUSINESS
22. EXECUTIVE SESSION
23. RECONVENE & ADJOURN

1. OPENING REMARKS were offered by Kip Hansen.
2. PLEDGE OF ALLEGIANCE was led by Kathy Christensen.
3. ROLL CALL. Present: Mayor Ogden, Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen.
4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held on December 1, 2020. Motion: Approve the minutes of the meeting held on December 1, 2020, Action: Approved, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
5. EXPENDITURES. The Council reviewed the warrants for January 2021. Councilmember Christensen asked about the flags purchased for Centennial park for $3,421 and if it was for more than 1 flag. Mr. Hansen stated that it was for 2 flags. On page 11, Councilmember Christensen asked what the $650 to UTAZ was for. Mr. Hansen stated that it was our code enforcement officer. Councilmember Hansen asked about the payment to Vehicle Lighting Solutions. Mr. Hansen said this was for the police department dash cams and they did get a Dodge that had to have the lights put on. Councilmember Hansen asked about the $1,500 payment to Mike Moore for a courtesy car. Mr. Hansen told the Council that we had an old Bonneville that needed a fuel pump and it was not work fixing. The school district had a car that they offered to us to replace the one courtesy car. Motion: Approve the warrant register for January 2021, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

Janet bird was present and told the Council that she is all in favor of pickleball courts, but she was rescinding her request that they go in the new park noting that this is not a good location because of the noise. She felt that Lion’s Park would be an awesome place for them.

6. AGREEMENT FOR THE JULY 3RD CONCERT APPROVED. Kevin reviewed the proposed schedule for the 4th of July. The theme is to be determined by the fourth graders. Miss Richfield will be held on June 26. The Sevier Valley Center has decided one event free for each partner, but the staffing fee will still have to be paid for. We were thinking that the Miss Richfield Pageant would probably be the event that we would want to use this for. July 3 will be the day for the 3-on-3 basketball tournament at the High School; the Childrens’ Parade, Diaper Derby, and the Concert on the Park, which we have the opportunity to book Tim Gates for $3,300 for that concert. The singles tennis tournament will also be that night. Sunday, July 4 will be the Patriotic Program. Monday, July 5, would be the canon salute, Liberty Fun Run, the parade, events on the park, swimming pool races, fireworks, etc. The only thing that is pending for the schedule is the Field of Stars. Motion: Approve the agreement for the July 3 Concert on the Park, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
7. PUBLIC HEARING FOR REZONE. Mayor Ogden opened the hearing at 7:16 p.m. to receive comments on a request to rezone property at 245 E 300 N from RM-11 (multi-family residential) to CS (commercial shopping) zone. The Planning Commission did not recommend that the Council rezone this property because all of the surrounding properties, except for Rick’s Richfield Monument, were residential. Dustin Nielson stated that he had been contacted about building a home in the garage or a restaurant. Councilmember Christensen noted that there is not any parking there except on the street. Mayor Ogden closed the hearing closed at 7:18 p.m.
8. PLANNING COMMISSION REPORT. Rick Robinson reported on the Planning Commission meeting held on February 3. They held a public hearing on the property located on the southwest corner of 400 West and 400 North for a lot split and a public hearing for Phase III of the Links Subdivision. The property on 400 West 400 North was owned by a lady who passed away and her heirs were wanting to separate the 4 homes on one parcel. The Planning Commission approved the lot split.

Phase III of the Links Subdivision was approved with the condition that a detention pond was added and the Planning Commission recommended that the Council approve the subdivision. A dog kennel to be located in the Industrial Park was approved.

Planning Commission discussed the creation of a high-density zone that would be called the RM-24 zone. The committee presented a proposal that the zone would be basically the same as the RM-11, but they would have to have a traffic study if there are over 50 units. There would be a requirement for 25% open space. Parking for a studio and one-bedroom apartment would be 1 ½ space and parking for 2 or 3 bedroom apartments would be 2 ½ spaces. They would have to have 3 to 4 acres before there would get 24 units per acre.

Councilmember Nielson wanted to know what was going to be done with the houses on 400 West, wondering if they are going to be knocked down. Mr. Robinson thought that they were going to be given to the children to sell or let them live there. It was the only way they could be divided up.

9. LINKS SUBDIVISION AND FUTURE MAINTENANCE OF THE DETENTION POND APPROVED. Keith Mogan wondered what the future maintenance for the City would be of the detention pond. Trevor Gadd of Jones & DeMille Engineering stated that the water becomes public water because it is drainage from the public streets. Kip Hansen wondered how long the water would be retained and if it would create standing water for a long time so that we would need to treat it with a mosquito larvacide. Councilmember Burrows noted that we pay for that every year so it would be treated.

Councilmember Christensen wondered if those houses that were flooded a few years ago should be nervous. Mr. Gadd stated that the purpose of the pond is to retain it so that the flow is released at a level that the drain can handle. Councilmember Burrows felt that Councilmember Christensen was concerned about it going into the ground and creating a groundwater problem, but he does not think that it would any more than what it is now with it being farmed and that is all going to go away.

Councilmember Burrows asked about the power poles and if they were going to be on the sidewalk. Mr. Gadd stated that there would be 3 poles that will be on the sidewalk because they are all on the city’s right of way and too expensive to be moved. Councilmember Burrows does not want the power pole in the middle of the sidewalk. The Council made Mr. McIff move the one power pole on the corner. The sidewalk could be shifted out so that they are not on the sidewalk.

Councilmember Burrows asked if the detention pond would be fenced. There will not be a fence around it. By ordinance, there can be 2 feet of water that can sit there without it being fenced. Mr. Nielson stated that it would be grassy and sloped to prevent it from being deep. Mr. Mogan stated that the City would not want there to be grass there for the City to maintain. The City would want rock with a weed barrier installed.

Mr. Nielson stated that he will do whatever is asked, but he would like approval contingent upon the resolution of the location of the power poles and the sidewalk.

Councilmember Burrows asked Mr. Robinson if he is familiar with this and has looked at the sidewalk. Mr. Robinson suggested that the Council allow him and Mr. Mogan to meet with Mr. Nielson on-site and determine what needs to be done. Councilmember Burrows asked if he sees a problem with the sidewalk jogging out around the poles. Mr. Robinson thought that would be fine.

Motion: Approve Phase III of the Links Subdivision with the maintenance of the detention pond contingent upon Mr. Robinson and Mr. Mogan resolving the issue with the power poles and the sidewalk, Action: Approved. Moved by Kip Hansen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

10. LOT SPLIT APPROVED. The Council reviewed the lot split for the property on 400 West for Grant Horgan as recommended by the Planning Commission. Councilmember Nielson asked how big lots for each home are. By code, they have to have a minimum of 10,000 square feet with each home which is why the property lines have so many jogs. Motion: Approve the lot split for Grant Horgan, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
11. ANNEXATION RESOLUTION 2021-1 ADOPTED. The Council reviewed the resolution to accept the annexation petition filed by Jaden Gurney. The property is located along 1300 South Street between 300 West and 500 West.

Councilmember Burrows asked what he was going to do down the road on 350 West and if that is where the wall would be built. When he was here before, the discussion was that the water line could be annexed to the wall would be built so that the water line is accessible.

Mr. Gurney stated that he was not able to purchase the property along 500 West adjacent to his property. He requested that the Council allow him to begin site work before the property is annexed and without a building permit, noting that he bid this out so that the work could be done in February and March because it is the slow time of year. His cost was significantly different because of the time of year. Councilmember Burrows stated that he would not need a building permit until he starts putting the structure on it.

He also asked the Council if they would consider accepting cash in lieu of water rights for this annexation. Mr. Gurney has tried to purchase underground water but has not been able to do so. Councilmember Burrows and Councilmember Hansen stated that they would prefer to have water shares, but the Council would consider taking the money instead.

Adam Robinson pointed out that the location of the campground is right in the flight path of the Airport. He was concerned that there might be a lot of complaints because of the noise this creates.

Mr. DeMille stated that the Planning Commission needs to approve the project before work begins. Campgrounds also have to be approved by the Council. Mr. Gurney stated that he is presenting his plans to the Planning Commission on March 3.

Councilmember Gleave was concerned about the traffic because the street does not line up across 1300 South. The street on the north side of 1300 South is painted so that the traffic has to turn left or right. Mr. Mogan suggested that we look at this and have a straight arrow painted with the left arrow. Motion: Adopt Annexation Resolution 2021-1 accepting the Annexation Petition filed by Gurney Investments, LLC, Action: Adopted, Moved by Kip Hansen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

12. UPGRADES TO THE SPRINKLER SYSTEMS AT ROTARY AND LION’S PARKS APPROVED. Brett Butler addressed some proposed improvements to the irrigation systems at the parks. He gave the Council paperwork showing the power that is being used on the pumps at the Rotary Park and the Lions Park. He is asking for approval to by-pass the pumps. This would help us save money and a lot of work. In doing this, we would only be able to use the culinary water. We have been using culinary water at the 2 parks for as long as he has been here. Mr. Mogan stated that it was being done for a few years before Mr. Butler was hired.

The wells are being filled with culinary water and it is then pumped out.

Councilmember Nielson asked why we do not use canal water. Mr. Butler stated that they stopped because of all the sediment that was getting into the sprinklers. Mayor Ogden stated that there was another problem getting the water from the canal into the pump.

Mr. Mogan stated that we switched at the cemetery because we were going through so many heads.

Mr. Butler reported that in the past two years, he has replaced 80 new rotors at the Rotary and Lions Parks at $34 per rotor which is approximately $2,500. The City and Centennial Parks has only replaced 15 to 20 rotors in comparison over two years which is approximately $600.

Councilmember Burrows stated that if we are using culinary any way. Mr. Butler does not know if we have the money right now, but he wants this to be in the plans as we move forward. Councilmember Burrows stated that it is important that we start metering it. Mr. Mogan stated that the meters are roughly $1,500 each. He indicated that the water has to be metered because the State requires it.

Mr. Butler reported that the cost including the meters would be $1,730 for the Rotary Park and $4,300 for the Lions Park. He estimated how long it would take to pay for itself, noting that if the Rotary Park were hooked up this month, it would pay for itself this season. The Lions Park would take a little longer because he is replacing some of the lines and the heads.

Councilmember Christensen wondered if there is any chance that we would do an outdoor pool by the indoor pool because if we are then we would not want to spend the money to run new sprinkler lines in that area. Councilmember Burrows did not think there were sprinkler lines over there.

Councilmember Christensen asked if there is anywhere in the City that we still use canal water. The golf course does use canal water. Councilmember Nielson asked if the funds to pay for this would come out of the parks and recreation. It would be paid for with PAR tax and Rec tax funds. This was already done at the cemetery. Motion: Approve the installation of meters and the by-pass of the pumps at the Rotary and Lions parks, Action: Approved, Moved by Bryan Burrows, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

13. PERFORMANCE BOND SEWER LIFT STATION REQUIRED. The Council discussed a suggestion that we allow Jackson Excavating to complete the sewer lift station project without a performance bond. Mr. Hansen felt that there was a little confusion at the last meeting about this and he did not know if everyone was on the same page with saving them $8,000 if a performance bond were not required.

Councilmember Nielson agreed with what Councilmember Gleave had said and she felt that it would be a big leap of faith because if something happened it would be nice to have something to fall back on.

Councilmember Hansen was concerned if we do not require a bond on this project if we are opening ourselves up to other requests to do away with bonds on other projects. He stated that he thought they are put in place for a reason and he felt that we should leave it in place.

Councilmember Nielson stated that we really have no guarantees if something goes wrong.

Mayor Ogden asked what is covered by the performance bond. Mr. DeMille stated that if the contractor goes bankrupt or does not perform the work or does shoddy work then the bond could be exercised to pay to finish or fix the project. He stated that a lot of times they require a written warranty from the contractor or one year on the work, but he does not think it has anything to do with the bond. He said that he could find out for sure.

Councilmember Gleave agreed with Councilmember Hansen that if we let this contractor out of the performance bond, how many other contractors are going to come back and want the same thing.

Mr. DeMille noted that we have had A & D Jensen do a lot of work for the City and he did not think that we had ever required on from them. Councilmember Gleave stated that he does not know when we are requiring it and when we are not and he does not know why we are requiring it on this now. Mr. DeMille stated that we went through a more formal bidding process that was public and advertised and we used standard bid documents. It is a little subjective. If the project is funded by CIB, there has to be a performance.

Motion: Require a performance bond for the sewer lift station project, Action: Approved, Moved by Todd Gleave, Seconded by Connie Nielson. Vote: Motion passed (summary: Yes = 3, No = 1, Abstain = 1). Yes: Connie Nielson, Kip Hansen, Todd Gleave. No: Kathy Christensen. Abstain: Bryan Burrows.

14. ORDINANCE 2021-2 DEFINING “SENIOR HOUSING” ADOPTED. The Council reviewed an ordinance to define senior housing and include it as an allowable use in commercial shopping zones as a conditional use to be approved by the Planning Commission and the City Council as a C-2 use. Motion: Adopt Ordinance 2021-2 defining senior housing and allowing it in commercial shopping zones as a conditional (C-2 use), Action: Adopted, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
15. AGREEMENT FOR THE PURCHASE OF WATER APPROVED. The Council reviewed a contract for the purchase of water rights contingent on the certification of the water right from the State Engineer. Councilmember Burrows stated that the party had agreed to pay ½ of or up to $1,000 of any closing costs and that it should be added to the section of the agreement titled “Warranties”. Councilmember Burrows pointed out the Council would be able to terminate the agreement if we do not feel with the shrink that will take place. We have to pay for this for five years and not pay it off early. The closing is not until June which gives us time to get the information from Water Rights.

Motion: Approve the agreement to purchase water pending the outcome of the State Engineers review, Action: Approved, Moved by Bryan Burrows, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

UPCOMING IRRIGATION SEASON SET. The Council reviewed a letter from Denise Cook suggesting that given the lack of moisture we have had this winter and last summer the Council consider a delay in the beginning date for putting the irrigation water in the ditch until the last week of May. Councilmember Christensen thought that this made a lot of sense. Mr. Mogan indicated that we did not use to have water in the ditch before May 15 and he would suggest that date for this year.

Motion: Approve irrigation water beginning on May 15, Action: Approved, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

16. AGREEMENT WITH THE SEVIER VALLEY CANAL COMPANY APPROVED. The Canal Company is going to clean out all of the trees and willows on the opposite side of the canal from the bike path while the path is torn up. In return, the City is going to spray and keep the willows and trees down all along there on the opposite side from the bike path. they are also asking that the City spray and maintain the willows on the section of the canal from 300 North to 500 North which would make sense because they do not want to kill the trees the City has planted along there.

Councilmember Burrows stated that the good thing about this is that they have to clear the right of way cleared for us as far as people parking vehicles, trailers, and dog kennels on it.

Councilmember Burrows felt that Dustin Christensen was very fair because there has been a lot of misinterpretation of the agreement so this new agreement will clean that up.

Motion: Approve an agreement with Sevier Valley Canal Company for maintenance of the canal from 300 North to the cemetery once the Canal Company has removed all of the trees and willows, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

17. AGREEMENT WITH UDOT FOR THE CLEANING OF THE I-70 BOX CULVERT APPROVED. The City has contracted with A & D Jensen to clean out and fix the canal back where it is undermining the road just south of the 530 South and College Avenue intersection. As part of the project, UDOT has agreed to have the box culvert cleaned out. Daryl Friant contacted the City and they got a bid for this and they would like to pay us for that work and have us pay A & D Jensen. Councilmember Burrows stated that moving that sand trap to the other side of the culvert will help with this culvert going forward. We are still going to have to haul the sand but he thinks it will solve a lot of the problems we have had. Motion: Approve agreement with UDOT for the cleaning of the I-70 box culvert, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
18. INDEPENDENT FEE ESTIMATE AND CATEX FOR THE AIRPORT APRON PROJECT APPROVED. This is part of the process we have to complete to move forward with our application to the FAA to extend the apron at the airport. This was approved as part of our airport master plan but will not take place until 2022. Motion: Approve an independent fee estimate and the CATEX for the airport apron project, Action: Approved, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.
19. PROJECTS FOR THE CAPITAL PROJECTS LIST DISCUSSED. There have been some changes to the way that projects are prioritized because in the past we have been able to go in and move projects from long or medium-term to short-term if needed. However, they are not going to allow that and if there is a project the Council feels like we might go to CIB for funding in 2021, it needs to be on our short-term list. The Council wanted to put the new park and the Elks Lodge on the short-term list. Councilmember Nielson wondered about including water purchase on the list to potentially help pay for the water we are looking at buying. We will still leave the senior citizens center on the list just in case we need to get some money for repairs.

Councilmember Nielson asked if we had found any out about the library. Michelle Olsen stated that the engineers put the little sizers on in and they were coming back in 3 months to see what kind of movement or sinking there has been, but it has not been 3 months yet. There is the possibility that something will need to be done and if not this year, then maybe next year.

20. FINANCIAL REPORT DISCUSSED. Mr. Hansen discussed the financial statement. He indicated that he has been doing a lot of comparing where we are with where we were. We have been blessed with the pandemic because our revenues have stayed where we were last year and, in some cases, a little more. He pointed out that cemetery burial fees are up 191% over last year at this time. Interest is down, so we earned $40,000 less in interest on our money than at this point last year. We are 66% into our budget year and most of our revenue earned compared to what was budgeted is over 66%.

As for the expense account, it looks like we are in bad shape, but we are not. The CARES money was not included in the budget and all of those expenses have hit, so once we amend our budget, it will bring that 163% of our budget down to where we should be.

Total expenditures this year over last year at the same time are $210,000 less. We charged more late payments last year than we have this year. There is a lot of misconception out there that people are not able to make their payments because they are struggling. That is kind of a blessing because people are better able to make their payments this year than they were last year.

Water impact fees were up $43,000 or where we were at this point last year. Expenses look good compared to where we were last year.

24. OTHER BUSINESS. Mr. Hansen stated that we need to get a truck ordered for public works. We let Horsepower know that we will be leasing one truck in May, but we need to order one. He noted that we will not have an issue paying for it because revenue is up and expenses are down. The goal is to drive this truck and not have it cost the City anything in a year. He has talked to the dealers in town and they like the idea and they agree with our plan. GM is not building fleet orders right now, they are only building retail orders and they cannot keep up with those. We cannot get a GM truck by May. It will also be tough to get a Ford truck by May. They are not building 2021 models on fleet orders, so if we order a Ford it would be a 2022 and there is no guaranty we will have it by May. We would meet the May deadline with a Laramie Dodge for $45,030 and it would easily be worth $46,000 to $48,000 and possibly more after a year and 10,000 miles. Ford said the same thing, but it would cost us $7,000 for the truck and we may not get it by our May deadline. The Council felt like the Dodge would be the best way to go at this point.
25. MEETING ADJOURNED. At 9:30 p.m., Motion: Adjourn, Action: Adjourned, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

PASSED and APPROVED this 13th day of April 2021.