At the City Council
In and For Said City
September 12, 2017

Minutes of the Richfield City Council meeting held on Tuesday, September 12, 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 Burrows.


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, Michele Jolley. Excused: Mike Langston.

Others present:


4. MINUTES APPROVED. Motion: Approve the minutes of the meeting held August 22, 2017 as presented, 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. COUNTY MOSQUITO ABATEMENT PROGRAM REPORT. Mark Stewart was invited to report on the Mosquito Abatement Program. There are many aspects of the program and it seems that each council meeting he attends he is asked to report on various parts of the program. He noted that he would just give a brief overview of the program and then answer any questions regarding the program. First and foremost, the funding that the City provides to the program is appreciated. It is a great partnership with the County and the City and helps provide the resources needed for a successful program. The goal is to be more than just a fogging program because he wanted to be proactive. Most of what they do is outside of the public which is a lot of larvacide. They have gone from a one size fits all solution to a larvacide program to treat the water for the entire season, which is very expensive. They have found another method which is not as costly, but it requires more man hours.

Fogging was the last resort. They had a solid surveillance program which has increased their trapping and identifying the mosquitoes. Once they have determined the type and kind of mosquitoes, they were better able to determine which method would work best. In the end, they wanted to ensure that the money the City contributed to the program was being used in the best possible way.

As far as Richfield was concerned, the biggest problem was the areas where flood irrigating was done; mostly on the south end of town. They have found if they were proactive they were better able to manage the mosquitoes. The types of mosquitoes they have caught are flood water mosquitoes and they do not carry disease. They do a lot of testing for the West Nile virus. So far they have not had any tests that have come up positive for this virus. The highest risk for disease was from July 24 until the first freeze.

Mayor asked if they go right thru the cemetery when they fog. Mr. Stewart stated that it is on the route and it does get done, weather permitting. There is a lot of West Nile in the Salt Lake area so there was a threat for this area.

Mr. Creamer stated that an issue which came before the Council a few years ago was a concern for bees. Mr. Stewart has studied and learned a lot about bees. He has found that as long as he follows the label of their product, they not harm the bees, even if they fog over a hive during the time of evening or night which they fog the bees are not harmed. Thus far we have not had any issues with bees and mortality. He has had people concerned about this, but once they are educated, they see that the program was not a problem.


6. ANNEXATION AND DEVELOPMENT AGREEMENT WITH JOHN & CAYLYN JULUSON TABLED. Mayor Ogden reported that Mr. Juluson requested that the Council table this matter for now. Motion: Table the development agreement with John and Caylyn Juluson, Action: Tabled, Moved by Richard Barnett, 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.


7. ORDINANCE 2017-4 ACCEPTING THE ANNEXATION FILED BY JOHN & CAYLYN JULUSON TABLED. Mayor Ogden reported that Mr. Juluson has also requested that the Council table this matter for now too. Motion: Table Ordinance 2017-4 accepting the annexation filed by John and Caylyn Juluson, Action: Tabled, Moved by Richard Barnett, 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.


8. PROPOSAL FOR DEVELOPMENT OF BIKING TRAILS WEST OF THE CITY DISCUSSED. Mayor Ogden stated that some of the cities around the State have really taken advantage of the bicycle craze that is going on and it is not a fad. It is something that is building in strength and if you travel at all you notice that everywhere you go people have bikes attached to their cars, their trucks and you also see people riding. He has talked with some of the people in our area who bike and they have discussed how great it would be to have some trails on the west mountain. There would be potential opportunities for our community in developing a bike trail system. Mayor Ogden thought we could benefit by taking advantage of this interest.

Daniel Hawley has spent a lot of time on mountain bikes and noted that we really have a unique location because we are right on the freeway and basically 2 hours from anything. Our summer months get warm but not as warm as St. George or Moab. Mr. Hawley coaches the high school mountain bike team. They ride under a program called the national interscholastic cycling association (NICA), which was founded in 2009. Utah is now the largest high school mountain biking program in the country. He pointed out some information dealing with economic development. Last year was the first time that they held a race in Vernal. The races were held on the 2 weekends. The north region had 800 riders, but the south region had 1,000. The south region race was actually canceled because of rain so they are not there for as long. There was an article that was posted in their newspapers stating that on the first weekend most of their hotels and campgrounds were completely booked and they estimated that most of the racers had been staying previous nights and nights afterwards. According to the tourism director for the County, they estimated that they brought more than $250,000 to the County over those 2 weekends. Each of the kids was given a bag or packet, which most venues do not do, but they had coupon for places throughout the local area and information on other tourism sites. The article also estimated that those businesses that had put things in the packets saw an influx of people who came to their sites as well.

Mayor Ogden stated that his son, Mike, rides bikes and he is involved with some people that really do some extreme bike riding that actually come to Sevier
County. He pointed out to Mayor Ogden that there are many places to ride on the west mountain and if we had any kind of a trail system there, we would get a lot of riders to the community.

Carson Demille stated that there is big interest in the trails in our area. They have mapped out some potential trails, some of them follow existing ATV trails and some would be new. They have narrowed it down in phases to make it a more manageable project. We need a good uphill trail to get up the mountain that was not a dirt road to draw people here. There is a downhill trail that is pretty much in existence now; it would just be a matter of turning it into a single track by paralleling or pulling away from the existing ATV trail so we are not using the same the trail. Mr. DeMille noted that they have met with the Forest Service and they were very supportive of this plan. People do not come to ride ATV trails, they come to ride single track trails.

Mr. Hawley took the Mountain Bike team to Cedar City. Cedar City is one of those places that are starting to build these trails and they are getting in the habit of building trails every couple of year. This year they build a new trail system so the team went out to ride it and one of the things they noticed was that everywhere there was a 4-wheeler trail, they just paralleled the mountain bike trail. Keeping the 4-wheelers off the trail could be an issue, but there are ways to do this.

Mr. DeMille stated that they have been speaking with IMBA (Intermountain Mountain Biking Association) and they kind of encouraged them to think big. Moab and some of the other destination places have trails that are shuttled and people pay big money to get a shuttle ride up to the top of a mountain. Then they take all day to ride the trail. So phase 3 of their plan represented a large shuttle ride, which is 17 miles of 4,000 feet of elevation fall.

Mr. Hawley noted that phase 1 and phase 2 would be considered a community system and people will still come and ride them.

Mr. DeMille stated that the alignment of the trails needed to be submitted to the Forest Service for final approval. In order to do that, they felt that they needed to get IMBA involved to come and review the trails and give some design input and IMBA said that while they were here they would be willing to do a trail building design course for a couple of days for 4 to 6 people. That would help us get off on the right foot. The cost to have IMBA for a few days would be approximately $5,000 to $8,000. We would then need to get the data from the GPS and finalize the alignments so that they can be submitted to the Forest Service. Once the Forest Service is on board we would have to start the environmental process which is what takes the longest because at a minimum it will take 6 months. This would permit all 3 phases of the proposed trail system.

Mayor Ogden had contacted Chad McWilliams from the County and he is in favor of developing trails. Mr. DeMille stated that they have talked to the County and they are going to meet with them as well.

There are some grants available through the State Bureau of Recreation and their deadlines for submission are May and June. Mr. DeMille stated that they are 50/50 grants but 25% of the match can be in-kind. He talked with Carl Albrecht and he indicated that at the end of each year, the legislators have projects that they fight for and he would be interested in hearing more about this as well.

Mr. DeMille stated that to get IMBA to design a trail they cost anywhere from $500 to $2,000 per mile. What they proposed is to just have their help on some of the more technical areas. Some of the areas they are just paralleling an ATV trail so we do not need them to design anything.

Councilmember Barnett asked if sanctioned races require the trails to be built by IMBA and if it would put us at a disadvantage if IMBA does not built the trail. Mr. Hawley stated that IMBA designed and built do have a following, but for any race, they do not have to be IMBA built trails; they just have to be single track.

Mr. Graff stated that if we build it people will come. Mountain bikers have apps on their phones so when they are driving through an area then can find the trails. There are people coming to ride the trails in Moab and St. George and if people knew that this was a stopping point they would stay here a few days and ride on their way to ride somewhere else.

Councilmember Barnett explained that he has not been in favor or using the PAR tax for anything that it has not been pre-assigned for because he thought there was a tendency to nickel and dime this fund to death. He would be willing to take whatever was needed of the bike path lighting money that has already been pre-approved and transferred over to this. He believed that this was a far larger economic benefit and a far better use of those funds right now. The bike path does need lighting, but he felt that this project was a much bigger picture item and has the potential to bring more sales tax dollars, room tax dollars and restaurant tax dollars in than what we would spend on it. We could draw more PAR tax money back in by spending the money on this project than we ever would by putting lights on the bike path.

The consensus of the Council was that they could take $5,000 out of the PAR tax money to put toward getting this project started. Mr. DeMille indicated that they would approach the County with this proposal and ask for $5,000. Jorgensen’s also committed to donate $5,000.


9. PLANNING COMMISSION REPORT. Monte Turner, interim Planning Commission Chairman, was present to report on the Planning Commission meeting. The Planning Commission granted a conditional use permit to Daphne’s Doggies with the very specific conditions. There were a lot of people that came to their meeting to support Mrs. Duhart. They indicated that they lived in the neighborhood and did not have any problems. Mr. Turner was not sure that Mrs. Rex would have been happy with any conditions other than shutting the business down. Melinda Greenwood, another neighbor who had complained, told the Planning Commission that she had been impressed by the changes that have been done in the last 30 days. Mr. Turner and Councilmember Nielson had been to visit the home and observe the business. Councilmember Nielson stated that when they visited, Mrs. Duhart was not there, so they were able to go through and view everything. They did not find any problems.

A proposed storage unit to be built on a lot in the Industrial Park was approved.
The construction of a spine and pain center was approved to be built on the lot just north of the hospital. That business is currently located on Main Street next to State Bank and once they have relocated to their new building, State Bank is going to tear down the old building, the existing bank building and build a new bank building at that location.

The Planning Commission reviewed plans for the construction of a new restaurant on College Avenue just north of 1300 South. They have a few things to finalize before the project can be approved.

The Planning Commission reviewed a project that would turn the old Topsfield Lodge on Cove View Road into an adult drug and alcohol rehabilitation center. Mr. Turner stated that Planning Commission has determined that the Council needed to be involved with this project. They also wanted an opinion from the City Attorney on the location of the center. The requirement of curb, gutter, sidewalk and asphalt is a problem for this project because a different property owner has title to 15 feet of land along Cove View Road. Mr. Turner stated that the Planning Commission is concerned about the people that are being released from prison and jail to go to a rehabilitation facility.

Mr. Creamer stated that the laws, both Federal and State, have made it so it is almost impossible to deny such a use. Councilmember Burrows wondered if these facilities needed to be secure. Mr. Creamer stated that it is dependent upon the level that the facilities are certified as.

Mr. Turner explained that the Planning Commission felt this was too big of an issue to approve without consulting with the Council first.

Hansen Collision Repair came before the Planning Commission to discuss a potential project of constructing another building to the south of their other buildings for the purpose of working on semi trucks. The Hansens are going to develop the road to the east of their property, but they are a little concerned about a road going nowhere and what the future of the road will be.

Mr. Creamer stated that the Development Review Committee will review their plans and then come up with a recommendation for the Planning Commission.


10. REQUEST TO VACANT 700 EAST STREET NORTH OF 700 NORTH DISCUSSED. The developer of the Ideal Acres Subdivision asking if the Council would consider abandoning 700 North Street to the north of 700 North, yet keep a 25-foot easement so that the sewer line could run through it for the subdivision. The property adjacent would get the property if the street were abandoned. There was some discussion that the property owners to the east would have the excess property in their back yards and there is the potential that one parcel of property would be landlocked unless they were to put an access in across the wash.

There was some concern about the property becoming a weed patch. The other concern is that the length is long enough that there would need to be a sewer manhole installed and Councilmember Burrows pointed out that if they continue to irrigate the property not being developed, it could potentially run into the sewer line. Councilmember Burrows stated that when 750 East was developed, we allowed it to be narrower than what our plan required because 700 East was going to be developed.

The process would include a written request from a property owner, a public hearing and notification to the affected property owners before an ordinance vacating the street could be adopted.

Councilmember Nielson had some concern about the future and if traffic were heavy in that area, is this a street that would be used. We would not get it back, so we need to be sure that it is not needed. Councilmember Burrows noted again that the properties on the east side will never have frontage because they were already developed.

Motion: Table request to consider vacation of 700 East until a written request was made, Action: Tabled, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Kevin Arrington, Bryan Burrows, Richard Barnett, Kathy Christensen, Connie Nielson.


11. OTHER BUSINESS. Councilmember Nielson has had people complain about the signs hanging down on the Laundromat. The window was broken and was taped and the sign is just hanging by a wire. There was something on Facebook complaining about this and then she had some ladies approach her about cleaning up the city. She wondered if it was a safety matter.

Councilmember Arrington reported that the parking lot next to the Sevier Valley Center will be open soon. The lights were scheduled to be put in this week and then it should be finished. He also reported that the ATV Jamboree scheduled for next week has 570 riders registered.

Mayor Ogden reported that life flight will be here all next week and hopefully they will be stationed here before very long. They will be recognized at the ATV program on Monday morning at 8:30 a.m.

Councilmember Nielson wondered if there had been any news about the vacant K-Mart building. Mr. Creamer was in contact with the seller and he did not get the impression that they have very much going. They have been talking to someone about a reception center, but he did not have any significant news at all as far as retail prospects for that building.


12. MEETING ADJOURNED. At 9:22 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 26 day of September, 2017.

Richfield City Corp

75 East Center