At the City Council
In and For Said City
September 26, 2017

Minutes of the Richfield City Council meeting held on Tuesday, September 26, 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 given by Mayor Ogden


2. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen


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

Others present: Carson DeMille, Michael Snow and Dave Anderson.

4. MINUTES APPROVED. Consider a motion to approve the minutes of the meeting held September 12, 2017. Motion: Approve the minutes of the meeting held September 12, 2017, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Kathy Christensen, Connie Nielson. Excused: Richard Barnett.


5. CIB CAPITAL IMPROVEMENT LIST AMENDED. Consider amending the CIB Capital Improvement list to include a Sanitary Sewer Capital Facilities Plan on the short-term list. Mr. Creamer stated that we were contacted by the State of Utah asking us for our Sewer System Evaluation and Capacity Assurance Plan (“SECAP Plan”), which we do not have nor have we ever been asked for it. In discussing this with Carson Demille we found that it has been almost 20 years since we had updated our sewer system capital facilities plan. We could incorporate the SECAP in with the capital facilities plan and that would allow us to apply for a grant for this. In order to make application to the Community Impact Board (“CIB”), this project has to be on our CIB Capital Facility Improvement list.

Mr. DeMille explained that the SECAP plan is a supplement to the capital facilities plan, so the SECAP leaves heavily on the master plan which is 20 years old so it makes since to update them simultaneously. Mayor Ogden asked what generated the need for this plan and if it had come about because of the size of our community.

Mr. DeMille stated that any community over 2,000 connections is supposed to have a SECAP in place. We have been over this for quite a few years, but they are just finally getting around to enforcing it. This report would be beneficial to the City in that it would give the City some alternatives to look at if a meat packing plant does decide to come to our community. We have preliminary reviewed some of this and answered questions in general terms, but this report would more fully answer some of those questions, give a better idea of some alternatives and just updates the capacities of our trunk lines, lift stations, etc. They would build a model of our sewer system which would allow the City to look at how development would affect our system.

They would also look at some recommendations to implement a sewer policy or standard for industries and their sewer loading. Without a policy or standard there would not be a way to make the businesses do some sort of pretreatment.

Councilmember Christensen asked if the City’s match would come from the sewer fund. Mr. Langston stated that it would and Mr. Creamer stated that they sat down today and the cost would be approximately $53,000, so we would be asking CIB for $26,500 in a grant.

Councilmember Burrows asked if once the sewer model was complete if any growth in the future could be easily added to that. Mr. DeMille stated that the currently do this with the City’s water model now. Councilmember Burrows wondered if once this model was done, it something else would be needed on it in the future. Mr. DeMille stated that the model would be added to, but that the State recommends that the capital facilities plan needed to be updated every 10 years because it is not just about the model. It looks at the usage and the equivalent residential connections like determining how may motel rooms are equivalent to a residential unit.

Councilmember Nielson asked if the update in 10 years would be as extensive as it would be this time. Mr. DeMille stated that you never know if there would be other issues that needed to be addressed in 10 years. We do not have to update the capital facilities plan every 10 years; in fact we do not have to do it at all. However, if we ever want to get funding through the State of a sewer project, then we have to have a current capital facilities plan. The City typically does not go to the State for funding on sewer projects.

Carson reported that the sewer lift station is proceeding and most of the concrete work would be done before the cold weather. It should be up and running sometime in the fall.

Motion: Approve an amendment to the CIB Capital Improvement list, Action: Approved, Moved by Connie Nielson, Seconded by Kevin Arrington.
Vote: Motion carried by unanimous roll call vote (summary: Yea = 4).
Yea: Kevin Arrington, Bryan Burrows, Kathy Christensen, Connie Nielson.
Excused: Richard Barnett.


6. ORDINANCE FOR PARADE REGULATIONS DISCUSSED. The Council reviewed and discussed parade regulation ordinances. Councilmember Nielson wondered if the ordinance should be specific for just the Fourth of July Parade or if it should apply to all parades. Mayor Ogden did not think that any of the other parades we have create the same problems.

Councilmember Nielson liked the time of 7:00 p.m. or 9:00 p.m. on the night of July 3rd as the time when people could start putting chairs out on the sidewalk to save spots for the Fourth of July Parade. She was leaning toward 9:00 p.m. because we have the children’s’ parade on July 3rd and this time would make it so it would not interfere with that parade and then the events at the park would be over as well.

Councilmember Burrows thought that we needed to make it as simple as possible.

Mr. Creamer stated that both the chairs and the parking needed to be addressed. The City does currently have an ordinance prohibiting overnight parking at the parks.

Mr. Creamer noted that there are a few apartments that have tenants who park on Main Street overnight. Mayor Ogden thought that those apartments probably do have a rear access, the tenants just chose to park on Main Street. He thought that this ordinance would really help for street cleaning, putting up flags and safety. There was some discussion about having the overnight parking on Main Street be applied all of the time and not just for the Fourth of July. Mayor Ogden stated that this would be an adjustment.

Since it is a State Highway, there may be some regulations that the State has, so this is something that we will need to check with UDOT on.

It was mentioned that we really do not want people parking along the park at any time on the 3rd of July. Councilmember Burrows suggested that we put cones out along the park to stop people from parking there.

Councilmember Nielson pointed out that there are some of the ordinances that discuss canopies. We could have something in our ordinance about canopies being placed at the same time as the chairs.

Councilmember Burrows thought that the parking along the park could be closed off at least a week before the Fourth of July.

Councilmember Nielson wondered if we wanted to include a penalty in our ordinance. Mr. Creamer suggested talking to the Police Chief and getting his recommendation.

The Christmas Light Parade was discussed and Councilmember Nielson thought that it may be wise to not allow cars to be parked on Main Street in front of the business before a certain time. Councilmember Christensen thought it would be hard to regulate parking for this parade. People from out of town come here to shop for Christmas and if we did not allow people to park on Main Street that day, it would hurt the businesses.

Councilmember Burrows would like to make the ordinance more about common sense and not worry about the what-ifs. Mayor Ogden would be okay with this just being a suggestion for next year to see what happens.

The Council requested that the staff draft an ordinance and put it on the agenda in two weeks for discussion.

7. BID AWARDED FOR PLATTING NEW CEMETERY SECTION. Consider award the bid for platting new cemetery section including the placement of markers. Motion: Award the bid to plat a new section at the cemetery to Magleby & Associates with a bid of $6,000, Action: Approve, Moved by Kevin Arrington, Seconded by Bryan Burrows.


8. ANNEXATIONS REQUESTED BY SEVIER COUNTY DISCUSSED. The County requested that the City annex all of the unincorporated islands and peninsulas within and around the City boundaries. The Council reviewed a map showing the areas in question. Some of the concerns discussed were the City’s inability to require water shares for the property and the installation and extension of utilities if the City annexes the property.

Mayor Ogden stated that we do not necessarily want wells and septic systems located around the boundaries of the City. The City would have the ability to plan for the extensions of water and sewer lines, but Councilmember Burrows wondered at what point we would stop putting the burden on the rest of the community that has already paid their fair share of the systems. Mayor Ogden stated that this is one of the things that the City does. Mr. Creamer stated that the City could recoup its costs through impact fees in those areas, but there is no guaranty.

Mr. Langston stated that one area of concern is the amount of water rights that we have to pump because we are really close to pumping more than we have a right for. So if we annexed someone who does not have to give us water shares, but they still would be able to use the water; then that puts us in even more trouble. Mr. Creamer noted that we had been able to transfer some of the surface shares to underground and Councilmember Burrows pointed out that we purchased enough underground shares for 90 homes. He wondered if we had used that up. Mr. Creamer stated that with the development of the Eagle View Town Homes, which includes 100 homes of use that we have brought in the last 2 years, we are close to utilizing all of the shares that we have acquired.

Mr. Langston stated that we might be to the point that we go away from accepting surface shares and require underground shares or the money to purchase underground shares. Councilmember Burrows stated that we would be looking at a considerable amount more.

Councilmember Christensen asked why the County wanted the City to annex these islands and peninsulas. The County has jurisdiction over that property not in the City. That requires them to police them for zoning issues and police services become an issues because it is not clear if the property is in the City and who should respond to those areas.

The City did commit to annex the KOA Campground because it is already developed and the City is providing services to them. The other area committed to annexing was the County’s property just south of Flying J.

9. JULUSON ANNEXATION AGREEMEMT. Review and discuss an Annexation and Development Agreement with John & Caylyn Juluson. The Julusons were not present to discuss the matter so the Council determined to cancel the matter. Motion: Table discussion of an Annexation and Development Agreement with John & Caylyn Juluson, Action: Tabled, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Kathy Christensen, Connie Nielson. Excused: Richard Barnett.


10. UPDATED POLICY AND PROCEDURE MANUAL APPROVED. Consider approving the updated policy and procedure manual. The Council determined to set the amount for short-term disability at 90 days in a calendar year, but the City will continue to pay two-thirds of the employees’ salary for those 90 days with the employee having the option to use vacation, sick or comp to make up the other third. The Council was concerned about allowing an employee to take short-term disability more than once in a calendar year. Mayor Ogden suggested that it could be a safety issue if we have a lot of employees out and the other employees have to work a lot of overtime to compensate for the missing employee.

There was some discussion about the comp time policy. The policy included is what is in the State law.

Motion: Approve the updates to the policy and procedure manual, Action: Approved, Moved by Connie Nielson, Seconded by Kevin Arrington. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Kathy Christensen, Connie Nielson. Excused: Richard Barnett.


11. OTHER BUSINESS. Mayor Ogden stated that the old stage at the cemetery was taken down and Staker Parsons volunteered to provide some pit run to fill in the hole left by its removal.

Councilmember Arrington asked about the closure of the south bound ramp on the north end of town. Wednesday will be the starting of the closure and it will last for at least 10 days but it may be for 2 weeks. Councilmember Burrows suggested talking to Flying J so they could make their cliental aware of that.

Kathy Christensen talked about an article in the paper about how awful it is to have all these yard sale signs on the painted posts. She would like to do something about this like tear them down or give people a ticket because they are ruining those poles. Mayor Ogden reported that he took Sportskeeper, the Bank and his son John and exacto knife and asked them if they would keep the poles on their corners clean.


12. MEETING ADJOURNED. At 9:14 p.m., Motion: Adjourn, Action: Adjourned, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kevin Arrington, Bryan Burrows, Kathy Christensen, Connie Nielson. Excused: Richard Barnett.

PASSED and APPROVED this 10 day of October, 2017.

Richfield City Corp

75 East Center