03.28.23 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

At the City Council
In and For Said City
March 28, 2023

Minutes of the Richfield City Council meeting held on Tuesday, March 28, 2023,
at 7:00 pm in the Council Chambers of the Richfield City office building located at 75 East Center, Richfield, Utah. Mayor Bryan L. Burrows presiding.

  1. OPENING REMARKS
  2. PLEDGE OF ALLEGIANCE
  3. ROLL CALL
  4. MINUTES
  5. PUBLIC COMMENTS
  6. PUBLIC HEARING – ACCESSORY SUPPORT SERVICES
  7. PUBLIC HEARING – SHIPPING FULFILLMENT COMPANY
  8. PUBLIC HEARING – STORAGE CONTAINERS/CONEX BOXES
  9. PUBLIC HEARING – ANNEXATION STATE AND INSTITUTIONAL TRUST LANDS ADMINISTRATION
  10. RECREATION FEES AND RENTAL FEES FOR THE BALLFIELDS INCREASED
  11. AIRPORT GROUND LEASE APPROVED
  12. S&K ENERGY, LLC, FOR AN OIL AND GAS LEASE DISCUSSED
  13. RESOLUTION 2023-3 ADOPTED
  14. PLANS FOR A NEW SWIMMING POOL DISCUSSED
  15. OTHER BUSINESS
  16. MEETING ADJOURNED
  17. OPENING REMARKS were offered by Mayor Burrows.
  18. PLEDGE OF ALLEGIANCE was led by Councilmember Street.
  19. ROLL CALL. Present: Mayor Burrows, Brayden Gardner, Todd Gleave, Kip Hansen, Elaine Street, Michele Jolley, Tyson Hansen. Excused: Tanner Thompson.
  20. MINUTES APPROVED. The Council reviewed the meeting minutes for February 28, 2023. Motion: Approve the meeting minutes for February 28, 2023, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
  21. PUBLIC COMMENTS. No comments were made.
  22. PUBLIC HEARING – ACCESSORY SUPPORT SERVICES. At 7:15 pm, Mayor Burrows opened a public hearing to receive comments concerning an amendment to the Zoning Code defining “Accessory Support Services” and allowing them in multi-family residential zones as a conditional C-1 use. Hearing no comments, Mayor Burrows closed the hearing closed at 7:15 pm.
  23. PUBLIC HEARING – SHIPPING FULFILLMENT COMPANY. At 7:15 pm, Mayor Burrows opened a public hearing to receive comments concerning an amendment to the Zoning Code defining a Shipping Fulfillment Company and allowing them in commercial zones as a conditional C-2 use. Hearing no comments, Mayor Burrows closed the hearing at 7:16 pm.
  24. PUBLIC HEARING – STORAGE CONTAINERS/CONEX BOXES. 7:16 pm, Mayor Burrows opened a public hearing to receive comments concerning an amendment to the Zoning Code allowing the use of storage containers/Conex boxes in commercial and manufacturing zones. Edward Nielson asked if the City would have some restrictions on them like the County has. The proposal was to have requirements or standards similar to Sevier County. Mayor Burrows closed the hearing at 7:17 pm.
  25. PUBLIC HEARING – ANNEXATION STATE AND INSTITUTIONAL TRUST LANDS ADMINISTRATION. At 7:17 pm, Mayor Burrows opened a public hearing to receive comments on a proposed annexation of property owned by the State and Institutional Trust Lands Administration located between 500 South and 1000 South and 100 East and 300 East.

Max White stated that he was opposed to this annexation. He leases the ground north, owns the ground east of this property, and sees the annexation as a great hindrance. It will create a problem for him to move his cattle from one pasture to another. He also stated that every time a pasture is developed, all the land to the east loses water. The drains and ditches have been clogged by developers cleaning off their property. He asked who was responsible for going back to the developers and telling them that they have to keep the drainage pipes open. Right now, water is backing up down the one lane where one of the drainage manholes was completely filled in and covered up. The water is a vital concern for him to be able to receive his water and take care of his livestock and agriculture. He quoted from the City’s general plan stating, “the City wants to preserve the rural character of the valley as we look at smart growth in our community. A big part of that rural character is the agricultural elements of our valley. Continuing to sprawl into pasture land with heavy development makes agricultural activities in those areas infeasible and, in some cases, impossible, which goes directly against our general plan and desires of Richfield City residents.”

Councilmember Hansen asked what the default zone is if the City does not set the zoning at the time of annexation. The default zone is rural residential or agricultural.

Kristi Allred asked if the City is gaining this property from the State. Mayor Burrows stated that the City is not gaining the property. It still belongs to the State, and they want to annex it into the City so they can sell the property or whatever they choose to do with it. Mayor Burrows closed the hearing at 7:25 pm.

  1. RECREATION FEES AND RENTAL FEES FOR THE BALLFIELDS INCREASED. Brady Edwards discussed the fees charged for recreation programs. He recommended a $5 increase across the board for all youth programs. He explained that softballs by the dozen are selling for $70. The Department has not increased for quite some time. The recommended increase for the adult program is $10. Motion: Approve a $5 increase for youth programs and a $10 increase for adult programs, Action: Approved, Moved by Brayden Gardner, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

Rental fees for the ballfields were also discussed. We are currently charging $50 per field. Statewide we are grossly undercharging for the rental of our fields. Almost everyone within 100 to 150 miles charges at least $100 to rent their fields. He proposed that we up the rental fee to $100 per field. He noted that even at $100 a field, we barely cover our cost for staff and the setup of those fields, including mowing, grooming, chalking the fields, and purchasing the extra softballs we will require teams to use.

Another issue we have been trying to deal with is damage to the homes and vehicles. We will purchase a different type of softball to help combat Mr. Edwards explained that each rental would be required to sign a contract that makes the batter responsible for any damages to a vehicle, home, window, etc. Each player will also be required to sign a waiver. We have a damage and action protocol in place which requires any player that causes damage to complete a form providing information similar to what happens when you are involved in a car accident. All new signs state the batter is responsible for any damages.

We also have accident and injury forms in place. We charge a $200 security deposit which is refundable upon a clean return. We are working with Rocky Mountain Power to get us some 50-foot poles. We have a net purchased to put up on field one, so as soon as we get the poles, we will install the net. He asked the Council if they are comfortable with us continuing with the adult leagues and tournaments with the contract, waivers, and damage reports in place. Motion: Approve a $50 increase in rental fees for ballfields which will now be $100 per field, Moved by Elaine Street, Seconded by Kip Hansen.

From what he has heard, Jay Robinson stated that this is a lucrative business. He knows someone who puts on the tournaments and makes a ton of money. $100 is nothing. It should cost $500. Councilmember Hansen stated that Mr. Robinson makes a valid point, but we should consider the other things this brings to our community. He is all for free enterprise if someone makes some money doing that, and our motels, eating establishments, and gas stations benefit from them. Plus, the excitement these things bring to our community. If we look at what that does to the entire economy, we are helping to facilitate that.

Action: Approved. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

  1. AIRPORT GROUND LEASE APPROVED. Jay Robinson will be constructing a new hanger north of the SRE building at the airport. Motion: Approve an Airport Ground Lease for constructing a new hanger north of the SRE building, Action: Approved, Moved by Elaine Street, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
  2. S&K ENERGY, LLC, FOR AN OIL AND GAS LEASE DISCUSSED. The Council reviewed a proposal from S&K Energy for an oil and gas lease on the City property located on Seegmiller Lane. Councilmember Hansen stated that his opinion has not changed since the last time the Council discussed it. However, as he read through it again, he was troubled by the verbiage about water and whether they would be entitled to use what water they found for the drilling operation. He also noted that we have a surface lease for the upland game, and he felt this is a good thing and we should leave it alone. Mayor Burrows pointed out that Glenwood Town has given them the surface water for that project. Councilmember Hansen does not like that they could take the water if they drill a wet hole.

Councilmember Gardner is not so concerned with the lease because his understanding in looking at some of the properties in the area is that they have leased most of them out there. He would wonder if their plan to drill anytime soon or if this is just speculation tying up stuff. That would be his concern.

Councilmember Gleave noted that the last time the City considered this, the DWR opposed it, and he would assume DWR would still be opposed. So he would consider that before anything else.

Councilmember Gardner said if they proceeded with drilling for oil on their other leases and were to find oil, we could discuss it later and have them directional drill under our property. Councilmember Hansen does not think that for $3,800, we are giving them too much. Motion: Deny the request from S&K Energy LLC for an oil and gas lease on the City’s property, Action: Approved, Moved by Kip Hansen, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.

  1. RESOLUTION 2023-3 ADOPTED. The Council reviewed the Municipal Wastewater Planning Program Report. Mr. Mogan explained the report, including the number of sewer connections the City has and if there have been any sewer backups in basements in the past year. There is also a section that talks about planning. Motion: Adopt Resolution 2023-3 accepting the Municipal Wastewater Planning Program Report, Action: Approved, Moved by Brayden Gardner, Seconded by Elaine Street. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
  2. INTERLOCAL COOPERATION AGREEMENT WITH SEVIER COUNTY APPROVED. The Council reviewed an Interlocal Cooperation Agreement with Sevier County for the upcoming Municipal Election. Motion: Approved an Interlocal Cooperation Agreement with Sevier County, Action: Approved, Moved by Elaine Street, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson.
  3. PLANS FOR A NEW SWIMMING POOL DISCUSSED. The Council reviewed a proposed plan for a new swimming pool. Mayor Burrows explained the overlay of the new pool on the Lions Park and how and where it would fit. Kendrick Thomas discussed some of the proposed outdoor features, including a patio and splash pad on the west side. We will be able to leave the north pavilion in place. They showed that a lazy river would fit between the pavilion and the pool, which could be part of phase 2. So it could feasibly work on the site to do that if we wanted.

The playground will be relocated to the southwest corner, and the basketball court would be relocated to the southwest corner. That would make an excellent staging area for check-in for events for whatever happens there with the park, ballfield, 5K, etc. Mr. Edwards explained that the existing playground had outlived its life expectancy, and they are constantly fixing it and making it safe.

Mr. Thomas noted that we are sensitive to how much grass we are taking and trying to leave as much grassy area as possible. There is the possibility of removing some of the trees in the interior to create more of an open grassy fill. In addition, the proposal would include a curb and gutter along the west side, which would change the parking to parallel instead of perpendicular parking that happens on the street there now.

The old pool will be torn down, and that area will become a parking lot for the new pool. Mr. Edwards pointed out that there is quite a bit of deck space to accommodate bleachers for the few swim meets we have here. In addition, a multipurpose room for party rentals will have access to the pool. The pool’s north side will be a zero entry with a play feature, a small slide in the water, and a larger slide on the side. He noted that play features alone would cost approximately $450,000 to $500,000.

Mr. Thomas showed the Council some renderings of the outside. He explained that with a pool building, you try to construct it with separate spaces where the pool and water features are versus the front of the house where the locker rooms and lobby are. So therefore, they would likely propose that the main pool area be built out of masonry, and the rest of the building would be wood frame construction.

Mayor Burrows stated that we have tried to get an excellent design that has something for everyone but is also economical. We do not want to cheapen it, but we have to be able to pay for it.

Once we have the estimate for the cost, we can have some additional meetings and prepare an application to the Community Impact Board. The next funding cycle requires applications to be submitted by June 1. The Board will hear the application either in July, August, or September, with the possibility of being funded in October. The design would be wrapped up during the winter, and construction could begin in the spring. The hope is that we will know by this fall where we are.

Councilmember Street would like to see the artistic design of the building would go with the coloring of the rock so that it does not stick out and look weird.

  1. OTHER BUSINESS. Miss Richfield meeting was held, and the date selected for the pageant was June 24. The pageant’s theme will be “It’s Our Time.” They currently have 11 interested girls.

The 500 North Road Project is set to begin on April 10.

Brady reported on some lights at the parks that are out and had some electricians look at them. They traced the line and found it was only 6 inches beneath the playground. So they will be replacing this line.

Mayor Burrows reported that on April 21, the Residential Hall Governing Board would be in Richfield. He asked the Council members to put this in their calendars because they would like to have the Council attend. It will be at 1:00 pm.

Councilmember Gleave asked Mr. DeMille if he was able to apply for some grants for the City for the CCC Road and a restroom for the 300 North parking lot/staging area. Mr. DeMille stated that he was able to get the grants submitted.

Councilmember Street stated that where the pump track is being located, the frisbee golf stands could be taken out, and then she will get with Mr. Edwards, map a new course, and have the City crew reinstall them.

  1. ADJOURNMENT. At 8:18 pm, Motion: Adjourn, Action: Adjourned, Moved by Todd Gleave, Seconded by Brayden Gardner. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Brayden Gardner, Elaine Street, Kip Hansen, Todd Gleave. Excused: Tanner Thompson. PASSED and APPROVED this 25th day of April 2022.