08.27.19 Council Minutes

THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD

Minutes of the Richfield City Council meeting held on Tuesday, August 27, 2019 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. PUBLIC HEARING ON POTBELLIED PIGS
6. OTHER BUSINESS
7. AMENDMENTS TO THE POLICE DEPARTMENT POLICIES
8. ORDINANCE 2019-4 DEFINING THE TYPE AND QUANTITY OF ACCEPTABLE WATER RIGHTS REQUIRED FOR ANNEXATION ADOPTED
9. ORDINANCE 2019-5 AMENDING REGULATIONS FOR PUBLIC PARADES AND OTHER SPECIAL EVENTS ADOPTED
10. ORDINANCE 2019-6 AMENDING THE ZONING ORDINANCE ESTABLISHING STANDARDS FOR CANNABIS CULTIVATION IN THE DOWNTOWN ZONING DISTRICT ADOPTED
11. UPDATE ON COMMUNITY DEVELOPMENT CENTER
12. OTHER BUSINESS (cont.)
13. EXECUTIVE SESSION
14. RECONVENE & ADJOURN

 

1. OPENING REMARK by Matthew Creamer.

 

2. PLEDGE OF ALLEGIANCE by Councilmember Christensen.

 

3. ROLL CALL. Present: Mayor David Ogden, Kevin Arrington, Richard Barnett, Kathy Christensen, Matthew Creamer, Mike Langston and Michele Jolley. Excused: Bryan Burrows.

 

4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held July 9, 2019. Motion: Approve the minutes of the meeting held July 9, 2019, Action: Approved. Moved by: Kathy Christensen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea=5). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

 

5. PUBLIC HEARING ON POTBELLIED PIGS. At 7:04 p.m., Mayor Ogden opened a public hearing to receive comments on a proposed ordinance that would amend the municipal code and the Land Use Ordinance to allow the keeping of potbellied pigs within the City limits. Hearing no comments, Mayor Ogden closed the public hearing at 7:07 p.m.

 

6. OTHER BUSINESS. Paul Niemeyer was present and asked the Council if it would be possible for him to have the dirt that is being excavated from the street project hauled out to the City’s property on the Annabella Road that his is leasing. Mr. Creamer stated that this was discussed in the weekly construction meeting yesterday. Basically, the dirt becomes the property of the contractor as part of the project and typically they are just looking for a place to put it. We can ask them for the dirt, but ultimately it is up to them. Mr. Niemeyer stated that this dirt could help build up the road into the property so that the groundwater is not such a problem. It would be closer from Hales Sand and Gravel to haul it there. Mr. Creamer stated that he would tell the contractor that the City has no problem with having this dirt hauled to our property. However, the City does not have the manpower to level or shape the dirt if it is delivered to the property, so Mr. Niemeyer would have to talk to Hales about those types of things being done.

 

7. AMENDMENTS TO THE POLICE DEPARTMENT POLICIES. Chief Lloyd explained that there are 10 sections in the Police Department policies and procedures manual. His about halfway through them. He had the policy for evidence finished, but the legislature made some changes to the law this year and there are some questions that he has not been able to get answered yet. Motion: Approve amendments to the police department policies and procedures chapter 5, sections 801, 802, 803,804,101,102, 200, 202 and 203, Action: Approved, Moved by Kevin Arrington, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

 

8. ORDINANCE 2019-4 DEFINING THE TYPE AND QUANTITY OF ACCEPTABLE WATER RIGHTS REQUIRED FOR ANNEXATION ADOPTED. Mr. Creamer explained that the Council has discussed that it really does not benefit us to continue taking irrigation water for annexation. In the past, virtually all of the annexations have come either with Sevier Valley, Richfield Canal Company water shares. We have enough for our needs and we cannot sell them once we have them. Occasionally we have been able to do a water trade, but we think it would be much more in the City’s interest to gain underground water since we need that water to increase our available stock when someone annexes property. This will remove the references to the canal water stock and leave the underground water rights or a cash equivalent on a case by case basis. Motion: Adopt Ordinance 2019-4 defining the type and quantity of acceptable water rights required for annexation, Action: Approved, Moved by Kathy Christensen, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

Councilmember Nielson asked about how long it would take to have the underground water validated and verified by the State Engineer. Mr. Creamer stated that it could take some time and that we may need to accept the right subject to them being verified and validated and then have a fallback position if they were not validated that they would have to pay the cash equivalent. Mr. DeMille stated that if there is ever a dispute, the person that has the oldest date on the water right prevails. Councilmember Nielson just wondered how this would affect annexations because we would need to be pretty thoughtful about that before the property was annexed. Mr. Creamer felt that there should be a legal agreement between the City and the party that is annexing.

 

9. ORDINANCE 2019-5 AMENDING REGULATIONS FOR PUBLIC PARADES AND OTHER SPECIAL EVENTS ADOPTED. The Council reviewed the proposed changes to the ordinance which would make it so that chairs and other items to save spots could not be set out until 6:00 p.m. the night before the 4th of July parade. Motion: Adopt Ordinance 2019-5 amending regulations for public parades and other special events, Action: Approved, Moved by Richard Barnett, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

10. ORDINANCE 2019-6 AMENDING THE ZONING ORDINANCE ESTABLISHING STANDARDS FOR CANNABIS CULTIVATION IN THE DOWNTOWN ZONING DISTRICT ADOPTED. Councilmember Arrington noted that Mr. Barnes was not awarded a State license to grow cannabis, he wondered if we needed to move forward with this. Motion: Adopt Ordinance 2019-6 amending the zoning ordinance establishing standards for cannabis cultivation in the downtown zoning district, Action: Approved, Moved by Kevin Arrington, Seconded by Kathy Christensen. Vote: Motion passed (Summary: Yea = 3, Nay = 1, Abstain = 0). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen. Nay: Connie Nielson. Excused: Bryan Burrows.

 

11. UPDATE ON COMMUNITY DEVELOPMENT CENTER. Mayor Ogden explained that the City met with the County, School District, and the College to discuss the bond, the voter information pamphlet and the steps necessary as we move forward. Mr. Nash is putting together a calendar and a project description that will start going out on the County’s website and the City’s newsletter. Connie Nielson asked if we could put this in the newspaper as well.

Mr. Creamer stated that he would see if the Reaper would do an article and if not, we could take out an advertisement. She wondered if we are to the point that we could do a question and answer information sheet. Mr. Creamer felt that this is something that will come together very quickly. The newsletter going in the City’s water bills will have a project description which is quite similar to what Mr. Nash included in the survey a few weeks ago; along with some diagrams of the interior facility and the components being proposed. The next step will include a project timeline and a question and answer list that could be included in the October newsletter.

The Commissioners will be sending out a voter information pamphlet which will have a pro statement and a con statement and what will be on the ballot. This will also talk about the tax impact particularly on a County basis. On a home in Richfield with a valuation of $150,000 the amount of taxes that the County will collect toward this is $18.31 per year. Mayor Ogden will be getting some additional boards with the drawings of the proposed facilities to have here in our office and then the county will also have some boards at their disposal as well.

Mayor Ogden is going to have some more boards made with the pictures of the proposed project so that the County will have a set and the City will have a set.

Councilmember Barnett stated that we are in a very strange and interesting position because our entire project hinges on the passing of a County-wide vote which we have no fiduciary or administrative responsibility. In fact, we cannot go out and hold public hearings for the County on our own project. The bond election is a big deal.

The Council talked about the importance of getting out as much information as possible. There were some questions about how to best get the word out. It is important to use social media, but that does not reach all of the people. Councilmember Barnett stated that there is an aging population in our County that will have a say in this and we have to inform and educate them. Councilmember Nielson felt that these people could be reached through the paper and the radio.

The City’s funding will come from repurposing funds that are already being used for recreation, so there is no increase or decrease in tax from the City.

There was some discussion about what the facility was being called. Mayor Ogden stated that it is going to be a Community Development Center. The legislature will not fund a recreation center. CIB will not fund a recreation center either. Our facility is going to be more than just a recreation center.

Competition with private businesses was discussed. Councilmember Barnett noted that the programs at the facility would enhance private business and not detract from it. It gives people one more opportunity for them to have places to go to do things, and comments were made about those items being necessary for student life and the College’s participation in the project.

 

12. OTHER BUSINESS (cont.). Councilmember Barnett stated that when we discuss our application to the CIB we want to say that we are going to them for favorable funding. A Town Hall with Senator Romney will be held at the City office Thursday at 5:30 p.m. Mayor Ogden stated that a new residential hall is needed. The problem has not been with the tribe, but with the legislature. The current building was built in 1954. He is working to help get this changed and he is hoping to visit with Mitt about this.

 

13. EXECUTIVE SESSION. At 8:20 p.m., Motion: Adjourn regular session and convene an executive session to hold a strategy session to discuss the sale of real property, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

 

14. RECONVENE & ADJOURN. At 8:59 p.m., regular session of the City Council reconvened and adjourned. Motion: Adjourn, Action: Approved, Moved by Kathy Christensen, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Excused: Bryan Burrows.

PASSED and APPROVED this 10 day of December, 2019.