THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
 
At the City Council
In and For Said City
March 14, 2017
 
Minutes of the Richfield City Council meeting held on Tuesday, March 14, 2017
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 TABLED
6. REQUEST TO WITHDRAW ESCROW FUNDS APPROVED
7. SUPPORT FOR THE SEVIER COUNTY COMMUNITY THEATRE DISCUSSED 
8. AIRPORT HANGER GROUND LEASE APPROVED 
9. PLANNING COMMISSION REPORT 
10. ELEVATE SUBDIVISION APPROVED 
11. CHILD CARE FACILITY APPROVED 
12. DRIVE-THRU PAIUTE INDIAN TRIBE OF UTAH’S RICHFIELD COMMUNITY HEALTH CENTER APPROVED 
13. AMENDED ENGINEERING CONTRACT APPROVED 
14. BID FOR THE SRE BUILDING AT THE AIRPORT AWARDED 
15. RESOLUTION 2017-1 APPROVING THE MUNICIPAL WASTEWATER PLANNING PROGRAM REPORT FOR 2016 ADOPTED 
16. RELOCATION OF THE OLD CHRISTENSEN HARDWARE BUILDING TABLED 
17. PARTICIPATION IN ROCKY MOUNTAIN POWER’S LED LIGHTING EFFICIENCY PROGRAM APPROVED
18. OTHER BUSINESS
19. EXECUTIVE SESSION
20. RECONVENE & ADJOURN 
 
 
1. OPENING REMARKS were offered by Councilmember Arrington.
 
 
2. PLEDGE OF ALLEGIANCE was led by Councilmember Nielson.
 
 
3. ROLL CALL Present:  Mayor David Ogden, Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson, Mike Langston, Michele Jolley.  Excused: Kathy Christensen, Matt Creamer.
 
Others present:  Bijan Talebreza, Trent Brown, Melinda Costa, Jani Pearson, Daniel Busk, Parker Busk, Cheryl Busk, Katie Busk, Adam Robinson, Michael Snow, Brayden Gardner, Ryan Savage, Jake Robertson, Tanner Robertson, James Barton, Brook Rogers, Brion Terry, Matt Pace, Skylar Pace, Shawn Meiners, Michelle Olsen, and David Anderson.
 
 
4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held February 14 and February 28, 2017. Motion: Approve the minutes of February 14 and February 28, 2017, Action: Approve, Moved by Connie Nielson, Seconded by Richard Barnett.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
5. EXPENDITURES APPROVED.  The Council did not receive the warrants and cash disbursements for February 2017 in their packets so Mayor Ogden called for a motion to table the matter until the next meeting. Motion: Table, Action: Tabled, Moved by Kevin Arrington, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
6. REQUEST TO WITHDRAW ESCROW FUNDS APPROVED. Mr. Talebreza talked to the Council about the Royal Inn Subdivision on Cove View Road and 400 West.  Nothing was changed with this subdivision.  The subdivision was done to make it easier for the buyer of the Royal Inn to have a clear title for their section of the property.  Mr. Talebreza stated that he was moving forward to find a contractor to install the improvements when he learned of a problem.  The 30 feet just to the north of his property has not been improved.   He was concerned about putting in his improvements because of this and also because the property to the south is not improved either, so the beauty is not there nor is the function.  Another issue is that there are no development plans for this property at this time, so it is unknown where the curb cuts would be installed.  He has been approached by someone who wants to buy this property and the improvements would go in at the time the property is developed.  
 
There was some question as to why the 30 feet was not developed at the time the apartments on that property were developed.  Mr. Talebreza stated that at the time the apartments were developed, the owners were unaware that this was their property.  Ryan Savage explained that he and the City Manager, at that time, worked on this problem because the property descriptions in this area of town do not match the survey.
 
Councilmember Barnett asked if there was anything the City could do to get the remaining property owned by the Urcy Bell Apartments improved.  The City has no recourse to get the Urcy Bell Apartment to develop that 30 feet unless they expand upon their development.  So unless the City is willing to spend the money to make that a continuous curb and gutter up to Mr. Talebreza’s property, there is no sense making him develop that vacant property.  At the point that someone is ready to develop this property or until the Topsfield does something, then the City will be in a position where it will have to expend funds to improve that additional 30 feet to the north of Mr. Talebreza’s property. Motion: Approve the release of Mr. Talebreza’s escrow funds and delay improvements until such time as the property develops. Moved by Kevin Arrington, Seconded by Connie Nielson. Amended Motion: If the City develops or if something requires development prior to this property developing, the improvements will be installed at that time, Action: Approved, Moved by Bryan Burrows, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
7. SUPPORT FOR THE SEVIER COUNTY COMMUNITY THEATRE DISCUSSED. Janie Pearson and Melinda Costa of the Sevier County Community Theater explained that the arts in our community are important.  The individuals who work with the community theater are strictly volunteers and they put in a lot of time.  Ms. Costa explained the costs that are involved in this type of a production. They asked the City if there is some support that the City could give them. Councilmember Nielson asked if they get support from other cities in the County.  Ms. Costa stated that they have not in the past few years.  The businesses support them quite a bit and Sevier County has been good to support them as well.  It is still very difficult especially when you have to spend $3,500 just on your venue.  Councilmember Arrington noted that they were planning to be at the High School this year.  Ms. Costa stated that they are hoping for that, but they will still have to pay $75 an hour.  
 
Councilmember Barnett stated that he is a big supporter of the community theater but we are already funding the Field of Stars and in so doing, we have opened ourselves up to other groups asking for these types of donations as well.  He would like to see them go to other communities in the County for support before the City commits to funding.
 
Councilmember Arrington asked what they thought there total budget is for this year.  Ms. Costa stated that she thought it would be $9,000 or $10,000 mainly because they do not know what the bill for the High School is going to be because she does not know how much time they will spend practicing there.  
 
Councilmember Burrows asked how many kids this project typically involves.  Ms. Costa stated that it depends on the production.  
 
Councilmember Barnett stated that we do want to promote activities that benefit the most number of people possible.  Councilmember Arrington stated that you could pull some of the money out of the Independence Day fund during the budget process and put it toward something like this.  Ms. Costa stated that this is something they do every 2 years and not every year.  She stated that the County only allocates funds for this every odd year.
 
Councilmember Barnett suggested that we allocate $1,000 each year out of general fund so that every other year they would have $2,000.  Councilmember Burrows would be supportive of this type of a donation because it involves a lot of people.  The Council will address this in the upcoming budget session recognizing that the donation would be $2,000 for this year and $1,000 every year so that on the odd year they would get the $2,000.   
 
 
8. AIRPORT HANGER GROUND LEASE APPROVED.  The Council reviewed a Ground Lease agreement with Travis Childers to construct a hanger at the Airport. Motion: Approve a Ground Lease Agreement with Travis Childers for a hanger at the Airport, Action: Approved, Moved by Bryan Burrows, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
9. PLANNING COMMISSION REPORT.  Brion Terry was present to discuss the Planning Commission’s decisions made at their meeting held March 1, 2017.  He stated because most of the items the Planning Commission discussed were on the Council’s agenda, so instead of going through each one now, he would make himself available to discuss the items as the Council goes through them.  There was one item the Planning Commission addressed that is not on the Council’s agenda and he explained that it was a concept plan for a proposed project at the new business park.  The Planning Commission did not know a whole lot about the business park and what direction the Council wants to go.  He noted that there might be some changes needed to the CCR’s because they do not necessarily align with the ordinance.  Councilmember Nielson asked what type of a business they were proposing.  Mr. Terry reported that it was a warehouse.  Brayden Gardner stated that it was actually a distribution facility.  Mayor Ogden suggested that the Council review the CCR’s for the new business park at the next meeting. 
 
 
10. ELEVATE SUBDIVISION APPROVED. Ryan Savage addressed the Council to discuss the proposed subdivision of property located at 882 North Main Street.  Currently the north half of the property has a new medical/dental office on it.  This subdivision would divide off the south half of the property.  Mr. Barton, the owner, has already been approach by someone wanting to purchase that property for another medical business.  Brion Terry stated that when the existing facility was approved, the Planning Commission made sure that all of the improvements would accommodate a potential subdivision. Motion: Approve subdivision of property located at 882 North Main Street, Action: Approved, Moved by Kevin Arrington, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
11. CHILD CARE FACILITY APPROVED.  Tanna Robertson was present to request a conditional use permit to operate a child care facility at 45 East 500 North as recommended by the Planning Commission.  She explained that they currently run a daycare facility in their home.  She is looking into starting a child care center.  She stated that the Planning Commission was concerned about the parking and requested that she get a letter of permission to use some of the parking in the parking lot located across the street from this building.  Ms. Robertson stated that she contacted Dr. Lord, who owns the parking lot, and he has given them permission to use 8 to 10 spaces along the back for their employees.  
 
Councilmember Burrows asked if they are trying to purchase the building.  Ms. Robertson stated that they are in the process of buying the building. Brion Terry stated that the Planning Commission was concerned about the parking because the ordinance states that the parking spaces are based on the number of children, but they do not have a number of children to determine what that would be.  The Planning Commission asked that they get a letter of permission from Dr. Lord stating they could use some of that parking for their employees.  
 
Mr. Robertson stated that the square footage of the building, based on the number of children allowed per square feet would allow 75 to 80 kids.  Ms. Robertson stated that the licensing may allow that many, but their target capacity is 68 children.
 
Councilmember Nielson asked about the traffic because she could see this being a problem.  Ms. Robertson stated that their plan is to be open 24 hours a day 7 days a week.  She stated that the schedules will vary because a lot of people do not work 8 to 5.  They are trying to fill the needs of all the parts, including those who would be working odd hours.  Mr. Robertson stated that some parents have more than one child, but it would only require one car to drop off maybe 4 children.  At their house, they only have 2 or 3 parents at one time coming at the same time.  Not all 68 children would be dropped off or picked up at the same time.  They do have a traffic plan for the parents to follow so that the parents could park on the north side of the street. Motion: Approve a conditional use permit for Tanna Robertson to operate a child care center at 45 East 500 North, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
12. DRIVE-THRU PAIUTE INDIAN TRIBE OF UTAH’S, RICHFIELD COMMUNITY HEALTH CENTER APPROVED. The Council reviewed plans for the construction of the Paiute Indian Tribe of Utah’s Richfield Community Health Center which would include a drive up on the south side of the property.  This project is proposed for the corner property of 45 West 400 South.  The Planning Commission has recommended the Council approve the drive thru.  Trent Brown of Sunrise Engineering and Brook Rogers with the Paiute Indian Tribe of Utah were present to discuss this project.  Mr. Brown stated that they had a brief discussion with the Planning Commission about street lights along 400 South.  They are required; because of the distance of frontage they have along 400 South, to install one street light there.  They had thought about asking to install 3 of the more decorative style lights there instead of one big one.  He met with Kent Sorenson of Rocky Mountain Power on site and they determined that it would be more cost effective to go with one large light.  They will be adding 2 lights in the parking lot that will help light the parking lot.
 
Construction is scheduled to begin on May 1 and hopefully completed by the end of October.  Councilmember Burrows asked if their hours would be extended into the evening.  Mr. Rogers stated that right now they are looking at being open until at least 7 p.m. Motion: Approve a drive-thru for the Community Health Center being constructed by the Paiute Tribe of Utah, Action: Approved, Moved by Bryan Burrows, Seconded by Kevin Arrington. Councilmember Nielson asked what the purpose is of having another pharmacy.  Mr. Rogers stated that this is a special government funded program that offers discounted medications to uninsured patients.  They also have dental, medical and vision located in this building as well.  The services can be utilized by anyone. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
13. AMENDED ENGINEERING CONTRACT APPROVED. Mr. Langston explained that the amended contract increased by $9,500.  Mr. Langston stated that the reason for the increase in cost for this agreement was because the engineering was done at the end of 2014.  With all of the issues we have had with the FAA and the hold on our funding, there has been a significant amount of time go by and there were some changes and modifications that needed to be made.  The increase is basically to redesign those changes to the building.
 
The actual cost to the City would be approximately 4% of the $9,500. Motion: Approve the amended contract with JVIATION for the design work on the SRE building, Action: Approved, Moved by Richard Barnett, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
14. BID FOR THE SRE BUILDING AT THE AIRPORT AWARDED. Mayor Ogden noted the importance of having a local contractor cannot be understated.  Councilmember Burrows asked if the subs were local as well.  Mr. Busk stated that most of the subs are local.  Mr. Langston pointed out that the City’s share of this project is Schedule II at a cost of $94,855.  This will be paid all by the City.  Schedule I is the main part of the building. Motion: Award bid to low bidder, Busk, Inc. for $512,705.20, Action: Approved, Moved by Bryan Burrows, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
15. RESOLUTION 2017-1 APPROVING THE MUNICIPAL WASTEWATER PLANNING PROGRAM REPORT FOR 2016 ADOPTED. This is a report that is required by the Department of Environmental Quality each year. Motion: Approve Resolution 2017-1 for the Wastewater Planning Program Report for 2016, Action: Approved, Moved by Kevin Arrington, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
16. RELOCATION OF THE OLD CHRISTENSEN HARDWARE BUILDING TABLED. Mayor Ogden stated that they have been looking at the possibility of moving the entire building.  It can be done, but as they discussed it further, they are still undecided as to whether or not to move the whole building or parts of it.  Mayor Ogden has come to the conclusion that rather than move the entire building, as it sets, they are going to construct a building at the Park and then put the façade from the old building on the front.  It is loose and something that could be moved easily.  They will not need a lot of permits to move it and they won’t be raising any power lines.  They are not exactly sure where they want to put this on the park, so Mayor Ogden is just asking permission to locate that building to Centennial Park once the Council has approved the design and location.  Sometime during the course of the summer, they will be working on a plan. Motion: Table, Action: Tabled until a design for the location is ready, Moved by Richard Barnett, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
17. PARTICIPATION IN ROCKY MOUNTAIN POWER’S LED LIGHTING EFFICIENCY PROGRAM APPROVED. Mr. Langston explained that the total cost of the upgrades is $26,417.  Rocky Mountain Power will pay almost $20,000 of that.  The City would have to come up with not more than $6,700.  The proposal is to pay for this out of the contingency budget.  The payback on this $6,700 would be over the next 13 months.  Mr. Langston stated that in next year’s budget we should be able to go into each of the departments listed and reduce the utility line items by the projected savings. Motion: Approve the expenditure of not to exceed $6,700 for the LED lighting efficiency program, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
18. OTHER BUSINESS. Councilmember Burrows asked if a letter had been sent to the Winkel Subdivision.  Mayor Ogden stated that he would check on this.
 
 
19. EXECUTIVE SESSION.  At 8:37 p.m., Motion: Adjourn regular session and convene an executive session to discuss the character, professional competence, or physical or mental health of an individual(s), Action: Approved, Moved by Connie Nielson, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).  Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
20. RECONVENE & ADJOURN.  At 9:00 p.m., Motion: Reconvene and adjourn, Action: Adjourned, Moved by Connie Nielson, Seconded by Richard Barnett.  Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Connie Nielson.
 
 
PASSED and APPROVED this 28 day of March, 2017.
 

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