07.13.21 Council Minutes


At the City Council
In and For Said City
July 27, 2021

Minutes of the Richfield City Council meeting held on Tuesday, July 27, 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 were offered by Councilmember Nielson.
  • PLEDGE OF ALLEGIANCE was led by Councilmember Hansen.
  • ROLL CALL. Present: Mayor Ogden, Bryan Burrows, Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Michele Jolley, Tyson Hansen.

Jason Strate of Central Utah Educational Services (CUES) also serves on the board of directors for the Utah Rural Schools Association (URSA).  URSA held their annual conference at Richfield High School and they wanted to express their gratitude to Richfield City, its employees, and everyone who helped make the event such a success.  They had 720 educators from all across the State of Utah and they had the first lady, Abigail Palmer Cox addressed them at their luncheon.  They had keynote speakers from across the Nation and this State and it turned out to be a very good conference.  He thanked the Council for their support and participation.  They have had some good comments about the community and they hope to return in July 2024.

  • MINUTES APPROVED. Consider a motion to approve the minutes of the meetings held on May 11, May 25, and June 8, 2021. Motion:  Approve the minutes of the meetings held on May 11, May 25, and June 8, 2021, 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.
  • . Eric Johnson is with the law firm of Blaisdale, Church and Johnson.  He has two partners that work with him, Rob Patterson and Joey Yellowhorse.  Mr. Johnson stated that he represents the City of Richfield and the entire City Council.  It is his purpose to help the Council figure out how to accomplish what they feel should be done.
  • . Eric Johnson discussed the open meetings law with the Council.  He noted that the Council is required to receive training on this law annually. He explained that the reason he is discussing this is because if someone intentionally violates the Open and Public Meetings Act, they may be subject to a Class B misdemeanor.  All public business shall be conducted in the public eye.  He stated that the Council cannot take actions on things that are not on the agenda.  The Council can talk about things not on the agenda, but then cannot act on them.

Mr. Johnson also told the Council that they should not text each other during the meeting.  If they have a comment, they should say it out loud.  He indicated that the Councilmembers can talk to each other when they are not in a public meeting as long as it is a chance meeting or it is social.  The caution is to not talk about City business. 

Mr. Johnson stated that this law is interpreted very generously in favor of all things being public.  There are certain instances that there are few things that do not have to be public, such as personnel issues.

  • . Paula Warner discussed holding a Fall festival on a Friday evening and Saturday at the City Park.  She thought about calling more of a Harvest Festival.  She is looking at having a witch’s night out, a scarecrow competition, a corn hole tournament, etc.  She anticipates doing this at the same time the quilt festival is going on which is October 8 and 9.  Ms. Warner has held events like this before and she thinks it would be a fun thing for the community to experience.  She would like to do this at the City Park.

Mayor Ogden thought this would be a great thing.  She would like permission to do it in the park and would complete the application process. Council thought it would be a great idea. She wanted to also check into the farmers market and farmers market.  The Council thought it has been a good thing as well.

  • . Kelly Crane noted that a zip line was added to the playground equipment.  He gave the Council an update on the downsizing of the splash pad.  It does not make a very big difference in the cost of the splash pad to downsize it.  The cost estimate for the splash pad was $198,000.  Councilmember Hansen felt that this would be a frivolous use of water especially in a drought.  He also thought we were in the middle of this drought cycle and with the splash we would be dumping 28,000 gallons of water down the sewer at the time when our peak demands are.  Paul Foster suggested that we considering looking into what we would spend to irrigate that same space and see how much we would use.

Councilmember Nielson mentioned before that we have not had a problem with water up to now, but we are starting to see some impact.  Mr. Mogan stated that we have been maintaining quite well at about half capacity.  The pumps are running non-stop and we are definitely filling to full capacity.  Councilmember Burrows said we would be good unless we have a fire.  When Press Petals burned down, it took a lot of water and not to put the fire out, but to protect the surrounding structures.  If we had a fire like that, we would be completely out if we are only maintaining half capacity.

Kelly Crane stated that water is precious and it really boils down to what is the best use for this water. The valve could be shut off and the concrete would not require water as turf would.

Councilmember Christensen stated that pickleball courts do not take water and they do not have to be mowed. The Council decided on option 2 for the playground equipment.  The Council would like to see 2 pavilions on the park instead of just one.

  • PLANNING COMMISSION REPORT. Rick Robinson reported on the Planning Commission held on July 7, 2021.  A public hearing for the proposed rezone of property located at 645 East 200 North was held.  The Planning Commission voted unanimously to recommend that this property be rezoned.  It does create an island, but 3 sides of this property are surrounded by residential housing. 

A public hearing for the proposed rezone of the property located at approximately 500 South and 1100 West was held.  He noted that there were many comments against the rezone of the property.  The Planning Commission voted to recommend that the Council rezone this property, with one of the members voting against the recommendation.

Planning Commission reviewed the Patriot Storage project to be built east Tractor Supply.  They approved this as a C-2 use.  The project for the Six County AOG to be located at 600 North 100 East was approved with a vinyl fence on the south side of the main building and the facade of the metal building on the north side had to be changed.

Morgan Shaver proposed a snack shop at 68 South Main, but he wanted to have tables on the sidewalk in front of the building.  The Planning Commission denied this request because it is in the UDOT right of way and not allowed.

Gary Leavitt proposed using the old Zion’s Bank building at 100 North Main for student housing which would require a zone change.  The Planning Commission tabled the matter.

Use of the old church at 300 East 100 North was proposed to be a dance studio, banquets, weddings, games, etc.  This matter was tabled.

Dustin Accord was present to discuss the development of a subdivision at 1400 West Cove View Road and 2100 South and 2200 South.  This project was approved several years ago, but nothing was done.  The Planning Commission thought that the plan could still work.

The Planning Commission reviewed the metal building requirements as directed by the City Council.  They looked at several other cities and a lot of them allow metal buildings with the newer finishes they have now and not just tin siding on the building.  They appointed a committee to look at this.

The Planning Commission discussed short-term rentals and discussed some provisions they would like to include in this. 

They discussed allowing dog kennel boarding in commercial zones and allowing them with some limitations. 

  1. CONDITIONAL USE PERMIT AND PLANS APPROVED WITH CONDITIONS. Dan Farley and Trent Brown were present to discuss the construction of Patriot Storage Units at approximately 75 East 1300 South (East of Tractor Supply).  Mayor Ogden noted that this has been approved by the Planning Commission.

Councilmember Burrows asked what the Planning Commission decided about the exterior finish.  Mr. Brown stated that for now, they will have to comply with the current requirements and if changes are made before they finalize their project they will change it.

Mr. Farley believes that the metal finishes now look very nice and last longer than masonry facades or finishes.

Councilmember Burrows asked if the project would sit back off of 100 East far enough that there would be room for the future development of the street.  The Planning Commission recommended that they enter into a development agreement with the City for improvements along 100 East.  They are asking for the development of the curb, gutter, and sidewalk to be delayed until such time as the property owner to the north installs their improvements.

Motion: Approve a conditional use permit for Patriot Storage to be located at approximately 75 East 1300 South, with the caveat that the owner shall install improvements on 100 East, including curb and gutter in a period of time not to exceed 5 years or when the adjacent property to the north.  The developer/owner would have the option to extend the agreement with the approval of the City Council.  Motion Amend that the development of the property across the street to the east would also trigger the required improvements by the developer/owner to his side of 100 East Street.  Action: Approved, Moved by Kip Hansen, 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.

  1. . Travis Kyhl was present to discuss Six County Association of Government’s development to be located at 600 North 100 East.  He explained that they received funding earlier this year to build a new administration building in Richfield.  They are also building an accessory building across the street where they will store many of their vehicles and house their weatherization crew.  They are proposing a 70×60 metal building on the north side of the street.

Mr. Kyhl is aware that the City has an ordinance that requires 100% of the street-facing walls to be finished with brick, stone, block, stucco, glass, or a combination thereof and all side walls shall have at least twenty-five percent (25%) of the same materials as street-facing walls.  He stated that there are other finishes on metal and he would like to not have to do 100% with something other than metal like the Steve’s Steakhouse building. 

Councilmember Hansen noted that the Planning Commission is looking at this ordinance.  As we go forward, what we have traditionally used as building materials, even five years ago, has changed drastically and will be going forward. 

Councilmember Nielson stated that even though building materials have changed over the last few years, we have to follow our ordinance or change it.  Councilmember Hansen stated that he is glad we have this process started.

Mr. Kyhl stated that if the City is considering a change to this ordinance, they would hold off on the façade of this building to see if that happens before they finish the front of the building.

Motion: Approve a conditional use for the development of an accessory building at approximately 600 North 100 East, 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. .  This grant is for the design of an additional apron area at the airport.   the federal part of this grant has been approved, but we need to approve the State portion of the funding for this project. Motion: Approve the agreement with the State of Utah for the design of the additional airport apron area, 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. ARPA GRANT FOR THE AIRPORT APPROVED. This grant is funded by the American Rescue Plan Act and it is just for the airport.  It can be used to cover the cost of wages for the employees. Motion: Approve the ARPA grant for the airport, Action: Approve, 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. .  This is the other grant that Kevin Mortensen indicated we had been awarded.  The grant is for $38,100 and a cash and in-kind match from the City is involved.  This grant will help fund the creation of a promotional video for Richfield. Councilmember Nielson asked if we wanted the video.  Councilmember Christensen stated that she does not want the video.  She does not think we need to advertise our mountains, noting that people know about them enough and we do not need a whole bunch of people here using them.

Councilmember Gleave wondered why Mr. Mortensen’s name is listed as the substitute project manager.  Mr. Mortensen had indicated that because he had such a short time frame to submit this that they just decided to put his name there. Councilmember Gleave did not think anything would come of it, but he felt that it did not look good.

Councilmember Burrows asked why there are spots in this for Hanksville.  Councilmember Gleave felt that Mr. Mortensen uses the same form for each application and just replaces the name of the city, but he missed this one.

Councilmember Gleave thought if we were to do this our way, it might be a good thing to promote family-friendly, responsible riding in our area and community.

Councilmember Christensen noted that the agreement states that the City has to come up with $14,000.  Councilmember Gleave noted that this is in-kind and he does not think we will have to come up with a thing other than cooperate, do some filming, be on camera, do some interviews take them on some rides show them trails and that would be our in-kind portion.

Councilmember Burrows felt if we are going to do this we should defer this to Councilmember Gleave because he knows a lot more about it.

Motion: Approve the Off-Highway Vehicle Fiscal Incentive grant for $38,100 and cash and in-kind match for the City to create a promotional video for Richfield.  Amended to include Councilmember Gleave being in charge of this project,  Action: Approved, Moved by Todd Gleave, Amended, and Seconded by Kip Hansen. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).  Yes: Bryan Burrows, Connie Nielson, Kip Hansen, Todd Gleave.  No: Kathy Christensen.

  1. . Keith Mogan explained that this would go on our 500 hp motor for the deep well.  Now, when it turns on, it is at 110 psi and 3,500 gallons a minute which is a big impact on the system.  The VFD would allow us to ramp that down and conserve energy and over time it will save us money and we will be able to run that well at the gallons per minute we want.

Councilmember Christensen wondered if it should be bid out.  Mr. Hansen stated that Moore Electric has the expertise to service our system. Mr. Hansen suggested that we use the ARPA money to fund this.  The funds will be very restricted as to what we can use the funds for, but this would qualify.  Mr. Hansen also reported that the City has a $5,000 on-demand charge per billing cycle when this well is turned on.  The VFD will also help reduce the cost of this.

Councilmember Burrows asked if they are preset or if they adjust when the demand adjusts.  Mr. Mogan stated that we can preset so when the tank is at a certain level it would produce the amount of water needed.

Motion: Approve the purchase of a VFD for the deep shop well for $86,172, 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.

  1. INSTALLATION OF AN AIR CONDITIONING UNIT FOR THE CITY POOL DISCUSSED.  This was an item that Janet Siggins would like to have at the pool.  She has provided a cost estimate for the Council to consider installing an air conditioning unit at the pool.  It is hot and humid and just miserable for those who come to use the pool and the people who work there.  This is an estimate and it may cost more than $51,000.  This will also help with the condensation that is affecting the roof panels.  It will also give the staff the ability to lower the temperature in the pool for the swim team which has been difficult to do.

Nicole Beutler stated that last year her little boy was taking swim lessons while the swim team was practicing and that he would freeze to death.  She was concerned that they would abuse the air conditioning.  She stated that it is a public pool and it is not fun for others to freeze to death.

Councilmember Burrows stated that we put a lot of money in the air handler and if we decide to upgrade the exterior of the pool and he wonders if the air handler would be able to be salvageable.

Councilmember Hansen felt that the bigger issue is the structural problem that is being created in the building by not addressing this problem.  We do have issues with the building that we also need to address.  We invested a lot of money when we resurfaced the pool and did the upgrade to the locker rooms.  We need to get this done.  The Council felt that we should get a bid and see what it will cost. 

  1. . Councilmember Christensen noted that this would be 26 pay periods instead of 24, so she was wondering if the employees were going to get paid more.  Mr. Hansen noted that they would not get paid any more than what their salaries are.  Mr. Hansens explained that he would like to utilize the timekeeping portion of our software, but it will not work with semi-monthly pay periods.  Switching to bi-weekly is the first step in getting rid of paper timesheets. Motion: Approve the amend Section XV of the policy and procedures manual to change payroll to a bi-weekly with pay day being every other Friday affective when Mr. Hansen can get it up and going, Action: Approved, Moved by Bryan Burrows, 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.
  1. STEERING COMMITTEE FOR MAIN STREET REVITALIZATION GRANT DISCUSSED. Malcolm Nash was able to get a revitalization grant for Richfield and Salina of $11,000 each from the USDA.  We need to establish a steering committee consisting of 2 Councilmembers, a representative from the Chamber, 2 business owners, City staff, a County official and Malcolm Nash.  The goal for this grant is to develop a Main Street revitalization master plan that can become part of our general plan.

It will involve a survey for the committee, the business community, and the community at large.  Ben Levenger and his staff will host an event that will educate the community and solicit feedback from them about our Main Street.  Right now, our event is set for September 20 which is during the ATV Jamboree.  Councilmember Hansen and Councilmember Gleave will represent the Council on the committee.

  1. . Mayor Ogden stated that we appreciate the enthusiasm for pickleball and the willingness of those who have come to share ideas.  He indicated that he was told that the Rotary Club would be happy to donate the land to build courts on.  It would mean that we would not be doing it on the new park, but locating the courts at the Rotary Park.  He wondered if we needed to review why some of us think it would be great on the Rotary Park.

Mayor Ogden stated that those reasons are that people who bought homes at the Rotary Park knew that they were involved in a festive, late-night environment.

Janet Bird stated that there would be room there for six courts and you have to have six courts to have a successful tournament situation.  By having a pavilion there and there are already bathrooms that are available there and she thought it would be a great place to put it.

Mayor Ogden suggested that timing would be part of it because we could get started right away.  He asked why else it would be good at the Rotary Park?  Parking was mentioned and Councilmember Burrows noted that the setback to the houses is further.

Blaine Michaelson stated that 2 courts would not be enough, but you could get six there and then you could have tournaments, but this is also social.  You can get up in the morning and go play with 20 to 30 people and everyone is involved most of the time they are there.

Councilmember Christensen has a cousin on the Bountiful Planning Commission.  She stated that Bountiful has 12 pickleball courts and they have a lot of people coming into the Planning Commission requesting 24 courts because 12 is not enough.  They are always busy and a lot of people have a hard time getting to play.

Councilmember Burrows asked who had put the information together about the costs of pickleball courts.  Ms. Bird gathered the information, but the costs did not include lighting.  For 6 courts you would need 6 lights and they are very expensive.

Mayor Ogden stated that one of the keys to the whole success of this is if the community wants to get involved.  Ms. Bird stated that they do want to get involved.  Blake Zobell stated that he had discussed this with the hospital.  The director knows that there is money for this type of project.  They have a goal of helping us live healthy lives.

Ms. Bird reported that there are so many people that she has talked to that would be willing to donate and she thought it would be a really positive thing.  Then they would feel like they are part of the process and feel some ownership in those courts.

Mayor Ogden wondered if the City agreed to pay for the cost of the courts if it would be less likely that we would be able to raise a percentage of the money.  As the City, maybe we should say that we would fund three-quarters of the cost of the courts and ask for donations to cover the other quarter of the cost.

Councilmember Christensen asked Mayor Ogden where the City is going to get the money for three-quarters of the cost.  Mayor Ogden stated that he is just throwing out ideas.

According to the numbers the Council was given, if we did 6 courts the cost would be approximately $210,000.  If IHC would donate the cost of one court, then the City’s portion would be $175,000.  Councilmember Nielson noted that this would be without lights.

Councilmember Burrows reminded the Council that we approved 1.3 million dollars for the park.  Councilmember Gleave stated that we got rid of the splash pad so there should be money to put pickleball courts on the new park.  We are building a new park and he wondered why it did not make sense to put pickleball courts in the new park.

Ms. Buetler stated that if we want this to be something that people play, there is not going to be enough parking.  Councilmember Burrows felt that there was plenty of parking around the new park.  With all of the houses around the park, Ms. Buetler still did not think there would be enough parking.  Councilmember Burrows explained that the parking was designed in the event there were ballfields there.  Ms. Buetler stated that there were a lot of people who came that did not want ballfields there because of the lights.

Councilmember Christensen stated that pickleball courts are not ballfields.  Ms. Buetler recalled that lighting was the problem because people did not what the lights on late into the night.

Councilmember Nielson pointed out that we have so many projects going on right now that she feels overwhelmed by adding more.  Councilmember Gleave agreed and noted that if we are going to concentrate on getting this park done, he does not know why we are taking on another project.  Councilmember Burrows also expressed his priority of getting the park done.  

Mayor Ogden asked if we would have the same enthusiasm in this group and potential donors if we build it on the new park.  Ms. Michaelson asked how long it would take.  Councilmember Burrows felt that realistically it would not be built until 2023.

Councilmember Hansen felt that Dr. Zobel makes a good point in that with the groundswell support that this appears to have, we have a tentative plan B for another Council down the road to put in some more courts at the Rotary Park.

The Council decided to put pickleball courts, an all-abilities playground area, restrooms, and a pavilion.

  • OTHER BUSINESS. Mr. Hansen discussed the backhoe that is broken down. The insurance company is going to cover the cost and is mailing a check to us for $26,500.  The backhoe was valued at $32,000.  The bid to fix it is $30,000.  We have to fix it, but we are fixing it with used parts from salvage yards which means we will have no warranty.  Are we comfortable having a 20-year old piece of equipment that we use all the time that has been repaired with used parts.  Mr. Hansen wondered if we would still want to trade it in and lease a backhoe on a 3 to 5-year basis. 

Councilmember Christensen asked how many things we have had to repair one the backhoe over the years.  Mr. Mogan stated that we just put a $1,200 radiator in this backhoe last month.   Councilmember Nielson asked if the money from the insurance company could be used to purchase another backhoe.  Mr. Hansen stated that we could, but we would probably fix it and trade it in. 

Mr. Mason stated that there is a lease on the table for $12,000 a year.  If we traded the old one in, the lease would be about $8,000 a year.  If we did this now for 5 years, then the next lease would be less as well. Councilmember Nielson thinks it is a good idea to look forward.  Mr. Mason stated that this is a true walk-away-lease, so if the City has some budget constraints, New Holland will allow you to get out of the lease.  New Holland is the only company that would allow this to happen.

Councilmember Nielson reported that the Miss Richfield Pageant was great and we have a cute, new royalty.  They did the float for Miss Richfield this year.  Normally they do it every 4 years.  She noted that we needed to thank Kyron Waters because he built and fixed things for them and it is very hard to get people to volunteer.  Councilmember Nielson stated that the City float needs to be redone next year because it is starting to look bad.

Councilmember Burrows stated that the cemetery looks really good.  He thought that Mr. Black and Mr. Mogan needed to be thanked for their efforts. 

Councilmember Hansen stated that we need to remember next year and extend an invitation to the Youth City Council to be in the parade with the City Council.

  • EXECUTIVE SESSION.  At 9:45 p.m., Motion: Adjourn regular session to convene an executive session to discuss the sale of real property and the purchase of real property, 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.
  • MEETING ADJOURNED.  At 10:12 p.m., 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 24th day of August 2021.
OPEN AND PUBLIC MEETINGS ACT TRAINING 2021  A meeting of the City Council must be in public, with an agenda posted and published at least 24 hours in advance. Meeting means a quorum (3 councilmembers) present, including a workshop, site visit, or executive session for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the City Council has jurisdiction or advisory power meeting does not mean a chance gathering or social gathering.   Courts interpret the meeting requirement very strictly, meaning if it could be construed to be a meeting, then it probably is.   No proxy votes on City Council.  If you cannot participate in person or electronically, then you cannot have someone else vote in your place.   Each Council member is entitled to notice of every meeting either via an annual meeting notice or direct notification from City Recorder.   Each person who speaks or participates in a meeting must be identified and a summary of their comments included in minutes and any materials they provide in writing or electronically must be kept and made available with the minutes.   Every meeting must be recorded and recording must be posted within 3 days of the meeting.   A meeting may be closed by a 2/3 role-call vote of a present quorum.  The reason for the closed session must be identified.  The minutes must show by name who voted for or against closed session.  Only special matters can be discussed in closed session.   Most prominent grounds for closed session    LitigationProfessional competency (personnel) (this does not include candidates for elected position)Buy or sell real estate security (deployment of personnel, water systems, etc.)Cannot act on contracts, ordinance, resolution, rule, regulation, or appointment record meeting (recording is not public) unless personnel or security.   An electronic communication, like email, to all members of the Council, is NOT a public meeting. (Section 210)   Knowingly or intentionally violates the Open and Public Meetings Act is a Class B Misdemeanor.  Same for abetting a violation.