At the City Council
In and For Said City
June 13, 2017

Minutes of the Richfield City Council meeting held on Tuesday, June 13, 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 were offered by Councilmember Barnett.


2. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.


3. ROLL CALL Present: Mayor David Ogden, Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson, Matt Creamer, Mike Langston, Michele Jolley.

Others present: Megan Mustoe, Brion Terry, Kamiry Robison, Matt Christensen, Rob Jenson, Charles Billingsley, Kary Monroe, Ron Torgerson, Marilyn Skinner, Diana Rich, Michelle Olsen and David Anderson.
4. MINUTES APPROVED. The Council reviewed the minutes of the meeting held May 23, 2017. Motion: Approve the minutes of the meeting held May 23, 2017, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5).
Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


5. EXPENDITURES. The Council reviewed the May 2017 Warrant Register and Cash Disbursement Journal. Councilmember Christensen asked about the payment to Jones and DeMille Engineering for 2017 street improvements and wondered what specific improvements this was referring to. Mr. Langston stated that this is for the chip seal/overlay project that we will be looking at tonight. Motion: Approve the May 2017 Cash Disbursement Journal and Warrant Register, Action: Approved, Moved by Kathy Christensen, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


6. PUBLIC HEARING - TENTATIVE BUDGET FOR FISCAL YEAR 2017-2018 AND TRANSFERS FROM THE WATER AND SEWER ENTERPRISE FUNDS FOR SALARIES. Mayor Ogden opened the hearing at 7:06 p.m. to receive comments on the tentative budget for fiscal year 2017-2018 and transfers from the water and sewer enterprise funds for salaried. Hearing no comments, Mayor Ogden closed the hearing at 7:07 p.m.


7. RECESS. Motion: Convene a Municipal Building Authority meeting, Action: Recessed, Moved by Bryan Burrows, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


8. RECONVENE. At 7:11 p.m., regular session of the Richfield City Council reconvened.


9. CITY’S FIRE POLICY DISCUSSED. Matt Christensen and Ron Torgerson of Forestry Fire and State Lands discussed a cooperative agreement for the City to consider adopting. If the City chooses to participate there is a certain amount of mitigation and prevention training for the fire department, which the City is already doing, and that is considered to be the City’s match toward the cost assessed. According to Ron Torgerson, the cost is based on a satellite imagery that tries to predict risk in and around the town. It is not completely correct, but it is the best thing that they have right now. The City has the option of entering into the cooperative agreement, but it is not required. However, if the City does not enter into this agreement and we would not be able to use federal resources without being billed.

Councilmember Barnett wanted to clarify that if the City has a fire that crosses over onto State or Federal government lands, the City would have 2 choices; adopt this agreement and the State would pick up the costs or if we do not, then we are stuck with whatever it costs to fight the fire. Councilmember Burrows noted that just because the fire starts in Richfield City does not mean that the City is responsible.

In Mr. Christensen’s opinion, the City is already satisfying most of the match requirements of the agreement. Mr. Torgerson stated that any purchase the City makes of capital improvements qualifies and can be carried over for 5 years. He also stated that the City needs a wildfire preparedness plan and the hours for preparing for this also count toward the match.

Mr. Christensen stated that if we have a fire, then we will not be able to sign this agreement.

Mayor Ogden asked that this item be placed on the next agenda for action.


10. SWIMMING POOL DISCUSSED. Mr. Mark Wilson works for a firm in Lehi, Utah. Mr. Wilson spent some time with Mayor Ogden this afternoon and toured the facility. His firm built the Cedar City Aquatics Center, Washington Community Center, Lehi, Pleasant Grove, Kanab, an outdoor pool and recreation center in American Fork. They just completed a facility in Meridian, Idaho and another one in Truckee, California. They have built a mixture of a lot of different types of facilities when it comes to aquatics.

Mr. Wilson stated that he sees a lot of opportunity here in Richfield, noting that there are a lot of different ways to approach this. He is familiar with the existing pool and it is aging and generally when they get to a certain age, replacement becomes the best thing rather than trying to continue to throw money at it. He understood that there is an active swim team program here at the high schools, so a lap pool would be part of this equation. We currently have a six-lane lap pool now and suggested that being able to program this facility to try to bring in more events; we would probably need at least an 8-lane lap pool. That way, if the swim team is practicing, a couple of lanes could be left for the public to do lap swimming.

There are many different ways to build an indoor facility with an outdoor feature. Mr. Wilson stated that some of the things they have found are the most popular are a leisure pool with a connecting lazy river. The other things that are also popular with a leisure pool are a zero or beach entry. The pools that are the most successful are the pools that have a lap pool and a leisure pool as 2 separate bodies of water.

Mr. Wilson understood from his conversations with Mayor Ogden that there would be opportunities in partnering with the school district, the county or other governmental agencies. He noted that these types of partnerships have been very successful because would be people from other areas of the county including Richfield will come to the facility. Mr. Wilson stated that it would be worth talking to some of the other entities as well as Snow College. He understood that the College might be willing to donate some land and partner with the City which he thinks would be a great idea. If the City had a block of land like that it would give the City the opportunity to really design this exactly the way the City wants to because we would have some freedom and some space to do that.

The success that Mr. Wilson has seen in community facilities like this whether they are aquatic centers or recreation centers that it all depends on programming and the people who are running the facility and whether they are programming this, creating events and finding ways to bring more people into the pool and finding more ways to bring people into the community. If we have that in mind when we build our facility, then it will be success. If we do not have someone that is aggressively programming our facility then we just open the doors and whoever comes in comes in and that makes it hard to generate the revenue that is needed to cover more of the operation and maintenance budget.

His firm is called MWA, Mark Wilson Architects, and of the things that they have prided themselves on in smaller communities in Utah is to be very careful with budget and have tried to maximize the square footage per dollar while still getting a gem of a facility. It is important to use the right materials and use them in the right way and combinations in order to make sure that you get the amenities that you want and make the pool the focus and not the building. The building is always attractive, but you try to put the money where it would generate the most revenue and where it will serve our citizens the most.

Councilmember Nielson stated that the Council has struggled with the budget and funding a large facility, so she wondered how difficult it would be to add an outdoor pool to our existing facility. She asked Mr. Wilson if it would even be feasible to build this next to our existing facility or if it would be better to start from scratch. Mr. Wilson stated that the difficulty would be the equipment needed for the separate pool and we would still have the same problems with the aging indoor pool and when water elements are added, the bather load is increased. When the bather load is increased then we are required to provide more showers, more restrooms, etc., and we would probably not have adequate in our current facility, so those would have to be expanded as well.

There are some economies in combining these in a new facility where we could plan them and use the square footage correctly and have them connected to one another so that patrons could flow freely from one to another.

Councilmember Burrows wondered what a rough cost would be for just an outdoor pool with a lazy river and a locker and shower facility. Mr. Wilson stated that it really depends on the size, shape, depth, and the number amenities in the pool. He stated that they currently have an indoor pool under construction in Mount Pleasant. It has a very small leisure pool and a 6-lane lap pool. That project is 2.5 million dollars, so a basic pool with very few amenities would cost 2 to 3 million. Then you begin to look at shape and then a lazy river adds more costs.

Councilmember Nielson asked about the possibility of just building an outdoor pool now and at a later date redoing the bigger pool. Mr. Wilson recommended using the land offered by Snow College and build an outdoor pool with the amenities the Council wants or a splash pad with the amenities the Council wants with the vision that when the City can raise the funds to build the pool; we could add no. We would design and build the locker facilities and the building with a master plan to construct the indoor pool right next to it.

Mayor Ogden stated that he is an outdoor pool advocate, but realistically this last week we would not have been swimming in an outdoor pool because it was too cold. He thought of something during his conversations with Mr. Wilson today and that is to have a lazy river and more amenities in an indoor pool and then have a splash pad outdoors. These splash pads are getting really nice and parents can relax because they do not have to worry so much about their kids.

Mayor Ogden stated that one of the Council’s concerns has been entering into a partnership because the City would have the potential to lose control. We have seen this happen with other buildings in our community. Mr. Wilson stated that the City would need to be very careful with how the agreement is structured and the City should ensure that there is adequate protection so that there is always City involvement.


11. PLANNING COMMISSION REPORT. Commissioner Terry stated that the Planning Commission discussed the annexation of the John Juluson property for a home to be built on. They recommended that the Council approve the annexation. They also discussed a resident in town who is interested in turning their home into a vacation rental. It is not currently allowed in our ordinance. This is something that is trending around the country and the Planning Commission wanted to know if the Council wanted them to define and add this to our ordinance or just not allow it rather than try to regulate it at all.

Councilmember Barnett stated that St. George currently dealing with this issue and he does not know what direction they are going, but they have enough people that want to rent their homes out, so they are kind of in the same boat.

Councilmember Christensen indicated that this would limit the amount of taxes coming from the motels because people would be renting homes instead. Mr. Creamer stated that there are some cities that are enforcing collection of room taxes from rentals.

Councilmember Nielson had concerns about public health issues that this could create. It was noted that the Legislature recently passed a bill on short-term rentals so the City needs to address this in our ordinance.

Councilmember Burrows suggested that there could also be additional impacts to the water and sewer systems. Councilmember Barnett suggested that the Council request that the Planning Commission do some research on this matter and report what they find and make some recommendations. Mr. Creamer stated that we could contact the League of Cities and Towns and they could give us some ordinances from a couple of cities that have dealt with it.


12. STATE FIRE CONVENTION REPORT. Brion Terry reported that the Fire Department worked hard on the State Convention. Everyone that they talked to said that they really enjoyed our town and liked having the convention here. Councilmember Arrington stated that they had a few issues at the Sevier Valley Center with the Convention. First was that they did not have enough tables to take care of anyone and no one could remember where the extra tables came from the last time the convention was held here. They were able to borrow some tables from the County. On Friday morning, the chillers went into alarm mode and it took a while to figure out how to reset them.


13. PROPERTY MAINTENANCE MATTER DISCUSSED. Charles Billingsley was present to discuss the property located at 675 East 300 North. He told the Council about the history of this problem beginning on June 3, 2014 when there were suddenly 40 cars parked there. Through his research he found that they did not have a business license, so he began there. The property owner then applied and met with the Planning Commission and was granted a business license to do auto repairs at that location with the stipulation that he could have 15 vehicles parked and 5 vehicles being worked on for a total of 20 vehicles.

In 2016, Mr. Billingsley received another complaint and upon visiting the property, he noted that it was turning into a salvage yard. He got the business back in compliance, but in March of this year, Mayor Ogden told Mr. Billingsley that he was getting some complaints about this property. There were another 40 vehicles around the place.

Mayor Ogden was contacted by Dave Okerlund who has Mr. Keele fix his vehicles and he stated that he would personally see to it that Mr. Keele cleans up and keeps the property clean. Mayor Ogden suggested that the Council give Mr. Keele and Dave Okerlund 3 months to see how it goes.

Councilmember Burrows knows Mr. Keele and stated that he came from Marysvale and condition that he keeps the property in is just his nature.

Brion Terry stated that when he was on the Planning Commission agenda every 90 days or so, he would keep it clean, but once he did not have to come the property went back to the same condition.

Councilmember Barnett stated that there needs to be some consistent pressure on him so that he keeps it cleaned up.

Mr. Creamer thinks it would be appropriate to monitor this property on a weekly basis.

Mr. Billingsley would like to get the west side of the building cleaned up and stated that there is nothing on that side related to his business. Mayor Ogden stated that he would discuss the matter with Dave Okerlund.


14. BID TABULATION REVIEW AND CONTRACT AWARDED FOR THE UPCOMING CHIP SEAL/ROAD PROJECT. Kary Monroe stated that the City had about $350,000 to be used on a street project. There was some concern about bidding this project because there has been so much work has come out from UDOT that most of the contractors are really getting busy, so the prices were higher than we were hoping for. The bids actually came in even higher than what was anticipated. In looking at what could be eliminated to keep the project within budget, the City staff has proposed to take all of the asphalt and some of the lane leveling out of the project, which would reduce the price of the project to $343,000.

Mr. Monroe explained that we would have to award the bid based on the original bid and then we can do a change order to reduce the cost of the project by taking out most of the asphalt work. Mayor Ogden asked what we were going to do with 400 West. Mr. Monroe indicated that there would be some leveling around the manholes and the potholes would be filled and then the road would be chip sealed. Motion: Award bid to Mel Clarke Incorporated in the amount of $467,600, Action: Awarded, Moved by Richard Barnett, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


15. CHANGES TO THE CURRENT AND TENTATIVE BUDGETS DISCUSSED. Mr. Langston explained that we did get the tax rate from the County, so the items in the proposed budget have changed. Some of the bigger changes included an increase to the airport fuel sales and the golf course was decreased from $340,000 to $350,000 because the weather has really hurt us this year. There is also an increase in special events for the fire convention because we collected almost $45,000 in registration fees and donations. Other airport revenue was also increased, so the overall revenue was increased from $6,618,000 to $6,657,000.

As for the expense side, community development was increased in order to expend the money for the fire convention. Any gain would be transferred to the capital improvement fund for the fire department. In the airport, an increase was added for some canal cleaning that was done along the airport and to full-time salaries. Jet fuel and aviation fuel have been increased and we may have to spend $25,000 to $30,000 on another load of fuel before the end of the year. Mr. Langston stated that we did have a little bit of growth and that is why tax collections are up slightly.

Councilmember Burrows asked about the canal cleaning and if there was a way that we could tract this separately. With the detention pond, it would be really good for the City to have a record and a tabulation of what we spend in the event it could go toward our match for the cost of the detention basin.


16. PROCLAMATION DECLARING JULY 1-7, 2017 AS “INDEPENDENTS WEEK” RATIFIED. Mayor Ogden explained that this proclamation declares July 1-7, 2017 as Independents week saluting our community members and locally owned independent businesses. Motion: Ratify Proclamation declaring July 1-7, 2017 as Independent Week, Action: Ratified, Moved by Connie Nielson, Seconded by Richard Barnett. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


17. CIB REPORT. Mr. Creamer reported that the City attended the CIB funding meeting. We presented our application to them to complete some improvements to 1300 South and 800 South. The week before we met with the County Special Service District and they approved $125,000 grant to pay for the paving of a portion of 800 South. Our application to CIB was for a total of $595,000 and we asked for a $350,000 grant and a $245,000 loan. UDOT is spending $200,000 for the signal on 1300 South and they are also contributing $25,000 for the radius coming off from 1300 South. CIB gave us $350,000; $245,000 is a loan at 1.5%. Mr. Creamer stated that it was really good to have Commissioner Ogden on the Community Impact Board looking out for us and being an advocate for us.

Mr. Creamer reported that there have been changes to the plans which have made it much more palatable to the businesses and much more beneficial. The changes also reduced the cost of the project because our original application was for $911,000; so with the County’s grant money and the changes that UDOT allowed, we were able to reduce our application to $595,000.


18. OTHER BUSINESS. Mayor Ogden has visited with a man about some plans that he had designed for Frisbee golf. Mayor Ogden discussed the possibility of locating 18 baskets throughout the parks and the cost would be $2,500. Councilmember Burrows and Councilmember Barnett did not like the idea of having the course spread out over the different parks. The idea was to tie the parks together and use all of the parks. It has worked down in Enoch. He asked the Council to think about it.

Mayor Ogden read a message from Malcolm Nash about the County’s long term planning meeting on Monday June 26 at the County building at 10 am.

Councilmember Barnett reported that the flashing stop sign at the intersection of 300 North and 400 West is not working. There is a real safety hazard at this intersection. The neighbors have complained that people do not even stop. Councilmember Nielson had people suggest that maybe the police could make some extra patrols.

Councilmember Barnett stated that one issue we have with the proposal for the swimming pool is that we do not have enough money to staff one pool, let alone if we build an outdoor pool on the College campus and try to keep the existing pool open. We could not staff 2 pools. He felt that if we are going to do anything and if we can come up with the money, the only option we have is to put an outdoor facility of some sort next to the one we have and then rebuild the one we have where it is when it finally dies. He thought the only other option we have would be to not do anything until we have to.

Miss Richfield will be held June 24. Gary Beck will be the Master of Ceremony and 10 girls have signed up.

Councilmember Barnett will not be here next Tuesday night.

Councilmember Burrows reported that Cedar City is proposing to build a new little league complex to help attract regional tournaments. He brought this up because there is the potential of this being competition for some of our tournaments.

Councilmember Burrows asked if anything had been decided about the old tractor for the City yard. There were some safety issues with the old one we had. He wondered if there was anything discussed in the budget. Mr. Langston stated that he had not discussed this with anyone. Councilmember Burrows stated that whether we trade it out or sell it he would like to work on getting the equipment at the parks or golf course a little bit up to date.

Councilmember Arrington reported on the meeting of the Independence Day Committee.

An offer was made today for the new Tourism Director. The Sevier Valley Center will be hosting Brian Regan in October and they have already sold 950 tickets. They have to sell 2,700 to break even.

The Council scheduled a special meeting for next Tuesday at 12:00 p.m. to adopt the budget.


19. EXECUTIVE SESSION. At 9:18 p.m., Motion: Adjourn and convene executive session to discuss the sale of real property, Action: Adjourned, Moved by Kathy Christensen, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.

20. RECONVENE. At 9:27 p.m., Motion: Reconvene regular session, Action: Reconvene, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


21. SALE OF PROPERTY IN THE RICHFIELD INDUSTRIAL PARK. The Council entertained an offer to purchase Lot 16 of the Richfield Industrial Park to Cove Enterprises for a purchase price of $5,000. Councilmember Burrows declared a conflict because he is an owner in the company. Motion: Sell Lot 16 in the Richfield Industrial Park to Cove Enterprises for $5,000, Action: Approve, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Bryan Burrows abstained from voting.


22. MEETING ADJOURNED. At 9:32 p.m., Motion: Adjourn, Action: Adjourned, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.

PASSED and APPROVED this 11 day of July, 2017.

Richfield City Corp

75 East Center