03.23.21 Council Minutes

THE STATE OF UTAH

COUNTY OF SEVIER

CITY OF RICHFIELD

At the City Council

In and For Said City

March 23, 2021

Minutes of the Richfield City Council meeting held on Tuesday, March 23, 2020

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. PUBLIC HEARING FOR SEWER BOND
7. PUBLIC HEARING – GURNEY ANNEXATION
8. PERMITS AND FEES FOR PARK USE
9. ANNEXATION RESOLUTION 2021-7 APPROVED
10. PARK CONCEPTS DISCUSSED
11. BRUSH TRUCK FOR FIRE DEPARTMENT
12. BMX TRACK DONATION APPROVED
13. ORDINANCE 2021-4 ADOPTED
14. ORDINANCE 2021-5 TABLED
15. ORDINANCE 2021-6 ADOPTED
16. ORDINANCE 2021-7 DENIED
17. ROTARY & LIONS PARK USE ON MONDAY NIGHT
18. SELL OF GENERATOR APPROVED
19. INCREASE TO WATER & SEWER CONNECTION FEES APPROVED
20. CEMETERY POLICIES DISCUSSED
21. OTHER BUSINESS
22. EXECUTIVE SESSION
23. RECONVENE & ADJOURN

1. OPENING REMARKS were offered by Councilmember Gleave.

• PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.

• ROLL CALL. Present: Mayor Ogden, Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen.

• MINUTES APPROVED.  The Council reviewed the minutes of the meeting held on November 10, 2020. Motion: Approve the minutes of the meeting held November 10, 2020, Action: Approved, Moved by Connie Nielson, 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.

• EXPENDITURES.  The Council reviewed the February 2021 Warrant Register and Cash Disbursement Journal. Councilmember Nielson asked if George Siggins is just doing the maintenance for the pool.  We are paying him for doing the maintenance for the pool.  Councilmember Nielson asked about the cost of cement for Mayo Jacobsen.  Councilmember Burrows noted that it was for sidewalk replacement.  Mr. Jacobsen utilized the sidewalk program to pay for a new sidewalk because it was deteriorating. Councilmember Christensen felt that there are too many little things being bought from Amazon and it should be bought locally if possible. Motion: Approve the warrants for February 2021, Action: Approved, Moved by Kathy Christensen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bryan Burrows, Connie Nielson, Kathy Christensen, Kip Hansen, Todd Gleave.

• PUBLIC HEARING FOR SEWER BOND. At 7:10 p.m., Mayor Ogden opened a public hearing to receive comments concerning the issuance of sewer revenue bonds and any potential economic impact to the private sector from the construction of the Project to be funded by the Bonds for financing the construction of sewer system improvements, including reconstruction the south primary and secondary sewer lagoon cells, including rip rap, clay liner, soil, and sludge removal, embankments, transfer structure, splitter box,  primary inlet reconstruction, transfer pumping, site dewatering, concrete and road repair, manholes and sewer pipe, together with all related work and improvements thereof. 

Mayor Ogden noted that the Council has discussed this at length. The project will reconstruct the existing sewer lagoons.  The City received a 1%, 25 year, low-interest loan for 6.2 million dollars, and a 50% matching grant of 6.19 million dollars to fund the improvements to the sewer lagoons from the CIB.  The Council recently raised the fee, with an increase of $1 per year over the next 4 years to cover the payment on this loan.

Hearing no comments, Mayor Ogden closed the hearing at 7:11 pm.

• PUBLIC HEARING – GURNEY ANNEXATION.  At 7:11 p.m., Mayor Ogden opened a public hearing to receive comments on a proposed annexation by Gurney Investments for property located along 1300 South between 350 West and 500 West.  Hearing no comments, Mayor Ogden closed the hearing at 7:11 p.m.

• PERMITS AND FEES FOR PARK USE. Councilmember Burrows stated that he has reviewed the information received and he did not have a problem with it.

Councilmember Christensen reported on a conversation she had with the fairgrounds and what they charged.  She noted that if you are going to use the fairgrounds for a farmers’ market outside, it would be $250 a day.  If they were to use the building, it would be $300 a day.

Councilmember Hansen understood that Monroe City just adopted a similar fee schedule to what we are proposing, but they are not offering a refund.  He thinks we have kicked this around quite a bit.

Councilmember Burrows wanted to clarify what we would be charging.  The proposal is to charge a non-refundable application fee which would be for the review of the event or activity, and a $200 security deposit.  As long as everything is okay, that would be refundable.  If there was damage done to the park or the restrooms, we may need that to help with the cost of repairs.  Day use is $50.  Monroe City adopted the fee schedule that we have proposed, but they are not going to refund any of the money.  They will be charging $200 for each event.

Councilmember Nielson stated that she felt that maybe the Council was out of line last time and we should be charging for events.  She does not feel that we ought to charge $200 every week.  She thinks that this is a fair amount and that it should not be refundable.

Councilmember Burrows suggested charging $200 which would include the $50 non-refundable application fee and then if they show up we would waive the $50 fee. 

Councilmember Hansen does not like charging $50 to have our employees do something that we are already paying them to do.  We are not charging overtime or anything to do this.  He likes what Councilmember Burrows suggested in that if someone hangs out there, we have already spent some resources and time, so keeping $50 of the $200 would be acceptable.

Councilmember Nielson felt that we need to charge $200 for a special event at the parks.  She feels that it is fair.  She does think that we are making it extremely difficult.

Motion: Approve application and a $200 fee for each special event, 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.     

• ANNEXATION RESOLUTION 2021-7 APPROVED. The Council reviewed a petition from Derek and Sharlee Stokes to annex property to build a home on.  The Council had previously discussed this matter because the water and sewer are some distance away, so the Council felt that the Stokes could build a home, stay on their well and install a septic tank for the time being.    Motion: Adopt Resolution 2021-7 accepting the annexation petition filed by Derek and Sharlee Stokes for property located at approximately 1950 South and 1000 West, 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.

1. PARK CONCEPTS DISCUSSED. Kelly Chappell updated the Council on a supplier chosen to help dial the design down. He showed the Council two concept plans for the park.  He noted that the facilities that see the most use would be closest to the north and east side because that is where the parking is available.  The option shown as Concept 2, shows 3 different equipment areas.  The south area could have a splash pad or another pavilion.  That would give us two pavilions in the park.  In the center, they would have something like a memorial or a monument to the landowner or some kind of a focal point. Concept 1 was focused more on landscape and green areas.  There would be a play area, but it would mostly be an open space.  We talked about pickleball courts and the fact of it being a residential area makes it so it would not be a good area for that.

Councilmember Burrows asked about the restrooms.  Mr. Chappell pointed out that the pavilion in Concept 2 was oversized to include the restrooms in the same building.  Mr. Chappell stated that it is less expensive to combine those structures.

Mr. Chappell stated that some of the parks have themes and given the history of the area and the family that donated the park, the supplier was looking at some equipment that would look like farm equipment.  He also discussed a federal grant that can be used for parks, boat ramps, or a lot of things that provide recreation opportunities throughout the State.  They used this on a couple of State Parks, and it would be something that we could look into.  There is a small match on this grant.

1. BRUSH TRUCK FOR FIRE DEPARTMENT. Chief Worley stated that the 2005 brush truck is powering out.  They have been working on funding for a new truck for about 6 months.  It is a rescue truck/brush truck.  The cost of the truck is $207,141 and the extraction equipment would be $32,765.64 with the total at $239,906.64.  The County would pay for half and the City would pay for the other half which would be about $119,953.  They would need to order the truck now because it would be a year before we get it.  There is a lot of grant money available through USDA and FEMA.  They are hoping to get a 90% grant.

Councilmember Christensen asked what a brush truck was and why it is called that. Chief Worley stated that it was a smaller truck that can get into more places out in the County and the mountains.  They have approval from the County, so they need the Council’s approval.  This truck can also go on wildland fires and bring in some revenue from that.  Last year we made $45,824 in wages which netted about $31,544. If we would have had a reliable truck, we could have made $65,000 in three weeks just for the truck.

Councilmember Nielson asked if the money would come from the Fire Department’s budget.  Mr. Hansen stated that it would be funded from the general fund. 

They do not have to have any funds down, they just have to order it. Motion: Approve the ordering of a brush truck, Action: Approves, 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.

1. BMX TRACK DONATION APPROVED. Kurt and Terra Heath run the BMX track.  Brayden Gardner stated that last fall they applied for some grants to remodel the track.  They were able to get a matching grant from the County of $19,000.  Mr. Heath stated that he wanted to see what could be done to make this something that would be comparable to some of the other tracks.  They were able to get some other donations.  Staker Parsons is going to donate asphalt for the turns and they are also going to screen the dirt for the track so that the track can be rolled and not require so much maintenance. 

Mr. Gardner stated that the asphalt is going to be about $40,000 with labor to do it. Staker Parson is going to donate about two-thirds of the asphalt.  They are looking for a donation of $5,000 from the City.  They will still be short between $5,000 and $8,000.  The project will include lighting and a PA system.  Redoing the track will reduce the amount of maintenance that they have been doing. 

Councilmember Burrows asked how many races they would hold here this year.  Mrs. Heath stated that in June they will have races every Wednesday and then they will be holding weekend races every month through the summer.  This year they get to host a State qualifier and a Gold Cup qualifier. They held a race last weekend in Salina and it brought in 394 racers from out-of-state and in-state. Motion: Approve a $5,000 donation for the BMX, 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.

1. ORDINANCE 2021-4 ADOPTED. The Council reviewed the ordinance to rezone the property owned by Smith Loft Properties, LLC., from multi-family residential RM-11 to high-density multi-family residential RM-24 as recommended by the Planning Commission.

Councilmember Burrows noted that a portion of the property along 1500 South would be zoned general commercial CG and the rest of it would be for residential.

Motion: Adopt Ordinance 2021-4 rezoning the property located at 75 West 1500 South from multi-family residential RM-11 to high-density multi-family residential RM-24, Action: Adopted, 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. 

1. ORDINANCE 2021-5 TABLED. Mayor Ogden stated that this ordinance would rezone the property located on 1080 South between 900 West and 1000 West.  He further stated that the matter needs to be tabled because the purchaser has withdrawn his offer to purchase the property. Motion: Table the matter indefinitely, Action: Tabled, 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.  

1. ORDINANCE 2021-6 ADOPTED. The Council reviewed an ordinance to rezone the property owned by Ronald Miguel Peterson and located at approximately 350 West Cove View Road from commercial shopping CS to high-density multi-family residential RM-24 as recommended by the Planning Commission. Motion: Adopt Ordinance 2021-6 rezoning the property located at approximately 350 West Cove View Road from commercial shopping CS to high-density multi-family residential RM-24, 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.

1. ORDINANCE 2021-7 DENIED. The Council reviewed an ordinance that would rezone the property owned by Appletree West, Inc., located at approximately 1150 South College Avenue from general commercial CG to high-density multi-family residential RM-24.  Councilmember Nielson stated that she would like to see this remain commercial because she felt that it would be the best use for that property. 

Councilmember Burrows stated that he recognizes that there is a definite need for this type of housing in our area.  He does not like the proposed road and how it would create 2 intersections within feet of each other.  He did some research after some of the comments that were made at the public hearings.  He recalled a statement from the hearings that the Council was sticking it to that corner of town.  He gridded the town out from Center Street and Main Street into four sections. 

Councilmember Burrows did not include any duplexes or three-plexes, but he came up with some numbers for apartments.  In the northwest quarter of town, there are 120 rental units (apartments).  In the southwest quarter, there are 136 units.  In the northeast quarter, there are 73 units and in the southeast quarter, there are 111 units.  There as many subsidized in the northeast corner as there are in the southwest corner.

The other thing that bothered him was some of the comments that were made about some of our neighbors to the south.  He certainly does not want himself or the Council to be associated with those comments.  He went to that community and drove around and found that they have some of the best stone masonry buildings anywhere in the State.  There is a school there that was built over 123 years ago.  They have a church on the corner of Main and Center that is 110 years old.

Arva Brown has a beautiful home on the north end of town that was built by a stonemason.  They have a community center and a sugar beet plant that was saved by Rick Larsen.  He wanted to bring this up because he does not think that we should be bagging on the other communities.  We all live in this County and we need to be together and drive each other apart.

His daughter had an experience when she first got married and they rented an apartment here in town.  They had black mold in their bedroom, windows that leaked, and this was supposed to be one of the better rentals and the landlord just refused to do anything.  They finally had to move out.  That is just some of what we are offering for rental property.  He thinks we need this housing.  However, he does not think that this is a good location for this project. 

There were also some comments about College Avenue and how busy it is and he thinks that is fantastic because that is exactly why the City put the money up to build it.  It was to get the traffic off from 400 West and help with access onto Main Street.  He wished it could have gone all the way to the north interchange.

Councilmember Burrows saw an advertisement for help wanted at a business in Gunnison and that starting wage was $12.00 per hour.  The median income in Sevier County is about $23 per hour.  He stated that it is sad that we have residents in our community that cannot afford the cost of housing.  He knows that it brings some bad things, but it lifts a lot of people too.

He is not in favor of this being at that location.

Motion: Deny the request to rezone the property located at approximately 1150 South College Avenue from general commercial CG to high-density multi-family residential RM-24, Action: Denied, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0).  Yes: Bryan Burrows, Connie Nielson, Kathy Christensen.  No: Kip Hansen, Todd Gleave.

1. ROTARY & LIONS PARK USE ON MONDAY NIGHT. Sherrie Christensen stated that we have received a request to use the Rotary and Lions Park ball fields on Monday nights for a traveling girls softball team.  It has been a long-standing policy that we do not use the ballfields on Monday nights after 6:00 p.m.  As we looked into this, we found that the City had reserved Monday nights for watering and maintenance.

Councilmember Christensen felt that we should let people use the fields on Monday night.  We do not have that many ball fields.  She thinks it has been enough years that we should start using them on Monday nights. 

Councilmember Burrows thought if they are going to do it, they should do it earlier in the day and not until 10:00 p.m. on Monday nights. Motion: Approve the use of the Rotary and Lions Park ballfields on Monday nights for girls softball, 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. 

1. SELL OF GENERATOR APPROVED. Keith Mogan explained that this was the generator that was taken out of the sewer lift station.  It is a single-phase generator and we do not have a use for it in Public Works.  The value is $6,000 to $8,000. 

Councilmember Nielson wondered if we could use it at the cemetery or the airport.  The airport already has a generator.  Councilmember Burrows stated that it is pretty tough to find a use for a single-phase generator.  He asked how Mr. Mogan was going to sell it.  Mr. Mogan stated that one of the sales reps through Rocky Mountain Cummins will help us advertise it. 

Councilmember Burrows asked if the new generator is compatible with all the others we have.  Mr. Mogan said that it is. Motion: Approve the sale of the single-phase generator, 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.

1. INCREASE TO WATER & SEWER CONNECTION FEES APPROVED. The current connection fees have been in place since May of 2015.  Mr. Mogan stated that the proposed cost would cover the cost of a complete connection including all materials, the use of equipment, and man-hours.  He explained that we end up doing a lot of connections because we charge less than the contractors.  Councilmember Burrows wondered if this is enough.  He does not want to be back here in a year doing it again. 

Mr. Hansen stated that it depends on if the cost of materials goes up.  Mr. Mogan priced the materials and then we rounded the cost up to the nearest 50. We are not making a profit, but we are covering our costs.

Mr. Mogan felt that if the proposed rates are approved we will be okay.  Mr. Hansen stated that we did take into account the hours of the equipment utilized to do the connections.  Mr. Mogan that we should be good for 2 to 3 years, but if the cost of materials goes up drastically we would have to revisit this.

Motion: Approve the water and sewer connection fees as outlined on the document given to the Council, 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.

Richfield City Corporation

Water and Sewer Connection Fees

Water Connections – Undeveloped Property                     Current            

            1 inch meter                                                                $ 2,888.90

            1 ½ inch meter                                                            $ 4,368.61

            2 inch meter                                                                $ 4,779.79

Water Connections – Developed Property

            ¾ inch meter (For Replacement)                                $   370.00

            1 inch meter                                                                $   420.00

            1 ½ inch meter                                                            $   770.00

2 inch meter                                                                $   920.00

3 inch meter                                                                $ 2570.00

4 inch meter                                                                $ 3220.00

Sewer Connection – Undeveloped Property

            4 inch connection                                                        $ 2845.00

            6 inch connection                                                        Actual Cost of Labor & Materials

• CEMETERY POLICIES DISCUSSED. It was noted that our current policy states that only 4 spaces can be purchased by an individual or couple.  We have a problem with people coming in and buying a lot of spaces for family members.  We recently opened one-fourth of Section G and we have sold more than half.

Councilmember Christensen wondered if we are charging enough.  The price currently is $350 per space which another reason people are purchasing them for others because they are paying the resident rate for them. 

Councilmember Christensen wondered if people are purchasing them when a loved one dies, or are they just buying them.  Another issue is that there are so many spaces that are going unused.  Ownership is hard to track because they are passed down to the heirs.  Councilmember Christensen stated that people move away and it is difficult to find anyone who may know if they are going to use the spaces or not.

Councilmember Hansen suggested that we contact other cemeteries and see what their policies are and how they handle this. 

The Council felt that we should hold to our current policy and not let anyone purchase more than 4 spaces for a family unit.  Councilmember Nielson also suggested that we find out what we can do with all of the vacant spaces that have been that way for years and see if there is a way to reclaim them. 

Motion: Table the matter, Action: Tabled, 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. 

• OTHER BUSINESS. Mr. Hansen reported that fire departments and the police departments in the area have contracted with a counselor to help the individuals in these positions.  Agencies want their deputies and firemen in good physical and mental health.  He reached out to a counselor who has contracted with the County to see what he charges.  He comes to Richfield every Tuesday and charges $60 per hour.  Chief Worley asked Mr. Hansen if we had someone available if we have someone who needs this type of health.  Mr. Hansen wondered about hiring this gentleman.  We would not have to pay him a retainer, just as needed.  Councilmember Gleave asked if there was not someone local that we could use.  Mr. Hansen said that it is better if it is not someone that you see at Walmart or that you go to church with.  Councilmember Hansen wondered if the insurance would cover this.  Mr. Hansen did not think that it would, but he would check into it.  Councilmember Burrows suggested we find out if the League of Cities and Towns has something like this available.  Councilmember Burrows felt that if there is a need, we ought to provide that for the police and firemen.

Mr. Hansen provided the Council with information regarding the tax revenues recently collected noting that sales tax is down this time. 

Councilmember Nielson asked Carson DeMille about the damage that has been done to the bike trails by motorcycles.  Mr. DeMille said it is not reoccurring yet.  She asked if the damage is severe because she knows that two large bike companies are coming here this weekend to ride our trails.    Mr. DeMille stated that the biggest challenge we are facing is that people are riding the trails when they are muddy and that has done more damage than the motorcycles.

• EXECUTIVE SESSION.  At 8:54 p.m., Motion: Adjourn and convene an executive session to discuss the purchase of real property, Action: Adjourned, 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. 

• RECONVENE & ADJOURN.  At 9:34 p.m., the regular session was reconvened and adjourned. Motion: Adjourn, Action: Adjourned, 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.     

PASSED and APPROVED this 25^th day of May 2020.

                                                                                                            Recorder