THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
At the City Council
In and For Said City
May 14, 2019
Minutes of the Richfield City Council meeting held on Tuesday, May 14, 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. APPOINTMENTS
5. MINUTES APPROVED
6. EXPENDITURES APPROVED
7. PLANNING COMMISSION REPORT
8. PUBLIC HEARING FOR SHORT-TERM RENTALS
9. NFF GRANT AND GOED GRANT FOR THE BIKE TRAIL APPROVED
10. ADDITIONAL FUNDS FOR THE 100 EAST PROJECT APPROVED
11. CONDITIONAL USE PERMIT FOR U-HAUL SELF STORAGE APPROVED
12. MAYOR’S PROPOSED BUDGET FOR FISCAL YEAR 2019/2020
13. OTHER BUSINESS
14. EXECUTIVE SESSION
15. RECONVENE
16. SALE OF REAL PROPERTY
17. MEETING ADJOURNED

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, Mike Langston, Michele Jolley. Excused: Matt Creamer.
 
4. APPOINTMENTS. Mayor Ogden reported that Kendrick Thomas had been contacted and is willing to serve on the Planning Commission. Motion: Appoint Kendrick Thomas to the Planning Commission, Action: Approved, 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.
 
5. MINUTES APPROVED. The Council reviewed the minutes of the meeting held. Motion: Approve the minutes of the meeting held April 23, 2019, 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.
 
6. EXPENDITURES. The Council reviewed the April 2019 Warrant Register and Cash Disbursement Journal. Councilmember Burrows asked about Park Retreat on the journal and what it was for. Mr. Langston noted that it was voided so he was not sure what it was for. Councilmember Arrington asked about the full draw designs on the visitor’s center. He wondered if these were full draw and design for maps. Mayor Ogden stated that they are maps that we acquired and passed through Jorgensen’s. Councilmember Arrington knew that Dan Buckmiller was working on some maps with the Chamber, so he wondered if this was for that. Mayor Ogden stated that he would find out what this is for.
Councilmember Arrington also asked about the tree removal at a cost of $3,800 and wondered which trees this was for. Councilmember Burrows thought it was to remove the trees down by the fair grounds.
Councilmember Arrington stated that he is asked a lot when the stop light is going in on 1300 South. He noted that we had made a payment to Jones & Demille for this so he wondered what the timeline is. Mr. Langston stated that they are supposed to start on Monday.
Councilmember Christensen asked about the cost of the natural gas for the swimming pool and if it has turned out to be cheaper with this different company. Mr. Langston stated that he needs to call the company because it does not appear to be cheaper. Motion: Approve the warrants and cash disbursements for April 2019, Action: Approved, Moved by Kevin Arrington, 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.
 
7. PLANNING COMMISSION REPORT. Chairman Monte Turner reported that the Planning Commission held two meetings; one on April 18, 2019 where they worked on redoing the general plan. They are trudging along with that, but it is a slow process. The other meeting was held May 1, 2019 where they addressed a couple of items. One item was for an in-home business and the requestors were unable to attend, so that will be addressed at a later date. The other item was the U-Haul self storage business. One of things discussed was the outside storage units, which they are planning to do one row of with decorative end caps that will match the building. They are willing to let the parking lot be used by all. It is almost a street because of the amount of traffic that uses it. At the conclusion, the Planning Commission made a motion was made to approve and recommend the proposal to the Council for approval. Mr. Turner felt that this was going to accomplish what the Planning Commission wanted to make it and keep it as attractive as possible and still make it a very viable business for them.
 
8. PUBLIC HEARING FOR SHORT-TERM RENTALS. Mayor Ogden opened a public hearing at 7:15 p.m.to receive comments on a proposal to amend the Richfield City Land Use Management Code to allow short-term rentals in the RM-11residential zone. Hearing no comments, Mayor Ogden closed the hearing at 7:16 p.m.
 
9. NFF GRANT AND UORG GRANT FOR THE BIKE TRAIL APPROVED. Carson DeMille explained that the NFF grant is a National Forest Foundation grant. The application was for a $20,000 grant with no match required. Part of the stipulation is that the money has to be spent this year and the money has to be used in involving youth working on the trail system. They also received a UORG (Utah Outdoor Recreation Grant) from the Governor’s Office for Economic Development for $80,000. They will be hiring youth to work on the trail for the whole summer and they will be hired next summer as well. The NFF grant does require a report on the progress and an accounting that the money is being spent the way we said it would be spent and that they will be recognized on our website. Motion: Approve the signing of the agreements for the NFF and GoEd grants, Action: Approved, Moved by Richard Barnett, 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. Councilmember Barnett talked with the Mayor from Moab at the recent League of Cities and Towns meetings and she told him that when she goes somewhere for recreation, she comes to Richfield. She owns a bike show in Moab and stated that people are excited about what is going on here in Richfield with the mountain bike industry and they want to be involved.
Mr. DeMille stated that we are also waiting to hear on a $45,000 grant and if we get that grant, they are planning to buy a mini excavator so we can build the trail at any time. He showed the Council some pictures of the progress being made on the trails. They are hoping to have one trail up and one trail down before October when the high school bike races will be held.
 
10. ADDITIONAL FUNDS FOR THE 100 EAST PROJECT APPROVED. Brett Sorenson discussed the 100 East project by telling the Council that this is the third and final phase of the 100 East project. A bid opening was held last week and the bids came in higher than expected. The shortage was estimated to be $214,981. After reviewing some of the line items, the right of way acquisition agent was under the estimate, so based on this estimate we would only be short $190,929. UDOT usually requires a 5% to 9% contingency, but because we are a local government they have waived that requirement and the City is only required to keep $25,000 in contingency. Mr. Langston stated that each of the phases has cost a little more each time. If we decided not to go forward, we would have to pay for the design and the property acquisition expenses, so we would be in it a lot of money with nothing to show for it. Mr. Langston stated that we have the money to do this because we have saved money over the years knowing this project was coming. Coming into this year, we had $375,000 unused from our class C road funds. Mr. Langston stated that some crack sealing and sidewalk improvements have been used for the other street project.
Councilmember Nielson asked if they ever re-bid projects like this. Mr. Sorenson stated that over the years, he has never seen a re-bid come in lower. Usually they come in higher. There were two bidders on this project and they were within $20,000 of each other. If we re-bid the project, we would not want to do so until winter. Mr. Sorenson stated that it could go down, but the cost of business could go up, so it may not be cost effective to do this.
A decision was made to go with thicker asphalt on 500 South, just north of Jay’s Diesel and also incorporated a geotech style fabric to minimize the risk of the road failing which are some things that drove the cost up. The time of the year bid, may have also been a factor. The low bid as far as we know was Hales Sand and Gravel. We do not officially know that. Motion: Approve the additional funding for the 100 East project, Action: Approve, 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.
 
11. CONDITIONAL USE PERMIT FOR U-HAUL SELF STORAGE APPROVED. Brad ling from U-Haul was present to discuss the location of their new facility at 1092 S Hwy 118. The Planning Commission recommended that the Council consider granting the U-Haul business a conditional use permit. Their intention is to use the existing building for a 4,000 to 5,000 square foot retail space with the remaining area to be climate controlled inside storage. There will also be a small receiving area in the back that would utilize the original Kmart area. Their intent is also to add some outside storage units in the parking lot, approximately 20 to 25 units. The Planning Commission had some concerns about the requirement of anything facing a public road could not be metal. They have no problem with that and plan to cover the end of it with stone or block that would mimic what is already on the building to try and keep some unity. The buildings are metal construction on the side by a lot of that is the doors and metal roofing. The units do not require any foundation and could be moved at a later date. They are self contained units that attach right to the asphalt.
Councilmember Barnett stated that there were some concerns in prior meetings about the portable units and the site lines for the other businesses. He does not see this being a problem or a legitimate concern. They have pulled the original buildings back toward the existing building. He felt that this will also help with the traffic flow across the parking lot.
Mr. Ling stated that they do this a lot and they have found where they are existing building that it is best not to change the designed traffic flows because they were designed for an intention and if they try to block some of those, it does cause an issue. One problem is that since the building has been vacant for a number of years, unfortunately now the normal traffic flow is at an angle across the parking lot.
Councilmember Christensen asked if they would be parking their equipment all along the front of the property. They typically put their smaller trucks on the front line, so it would not be a lot different than what would normally be in the parking lot. They will not be using the whole front because they are not going to own all of the property along the property. If they were to move the units anywhere else, it would be very disruptive.
Councilmember Nielson asked when they would start working on the building. They have not closed on the project pending the Council’s decision. They would potentially close in July and hopefully start work in August. They would want to open up the original entrance with a temporary showroom, put in some portable counters, higher employees and start conducting business. Then at that point they would start the whole design and build out phase which could be completed within the next 2 to 3 months.
Councilmember Arrington asked what would happen if the Council does not approve this. Is that option on the table? Mayor Ogden stated that it was. Councilmember Barnett noted that apparently this business requires a conditional use permit to operate. If the Council does not approve the conditional use permit, then Mr. Ling probably would not buy the building and they whole thing goes away.
Councilmember Burrows wondered why it requires a conditional use permit. Councilmember Barnett stated that this is what the zoning ordinance says. Councilmember Arrington pointed out that the zoning allows this business, so he wondered why the Council has to do anything. Councilmember Barnett felt that in certain zoning designations, conditional use permits are required even if the usage is allowed. Councilmember Arrington said that the zoning change allowed for the structure out front. Councilmember Barnett said that because they are having storage units, they were specifically prohibited in commercial shopping zones, which is why we made the change to the zoning.
Motion: Approve a conditional use for the outdoor storage for the U-Haul self storage business as recommended by the Planning Commission, Action: Approved, Moved by Connie Nielson, Seconded by. Vote: Motion carried by roll call vote (summary: Yea = 4, Abstain = 1). Yea: Kevin Arrington, Richard Barnett, Kathy Christensen, Connie Nielson. Abstained: Bryan Burrows
 
12. MAYOR’S PROPOSED BUDGET FOR FISCAL YEAR 2019/2020. Mayor Ogden presented his budget to the Council and noted that a study session is scheduled for May 21 at 6:00 p.m., and on May 28 at 5:00 p.m. with our regular meeting to be held at 7:00 p.m. The tentative budget will be adopted at the regular meeting. Councilmember Barnett asked if there were any specific items that the Council should look at over the next week. Mayor Ogden stated that the Council should look at the narrative first which explains some of the changes. He also encouraged the Council to call Mr. Langston or him if they needed further clarification on anything and then at the next meeting he could give them more information.
The public works department has provided a narrative of things the public works department needs and would like the Council to consider. Mr. Langston expressed the importance of some of these items and how it affects the basic services of water and sewer and sometimes it seems like it gets neglected.
Mr. Langston stated that the Mayor has proposed a $1,000 cost of living for the full time employees. The health insurance renewal would have a 25% increase. That simply is not feasible. That would have been an additional $121,000 per year. We had our broker GBS get some other quotes and the one that came back the best and we have decided to go with was Select Health with a 2.09% increase. The benefits were reduced because the deductible is higher; the out-of-pocket maximum is higher and there are a couple of reasons for that. We were considered a large group based on full-time equivalents, but the State of Utah made a decision so that only full time employees count. That put us into a small group so the ability to negotiate and the number of plans available are much more restrictive. Because the benefits have gone up, the Mayor’s budget also proposed a $600 increase in health savings. Right now the employees get $1,200 a year and this will bump it to $1,800 a year.
As police cars, we will probably end up purchasing 2 cars this year and another 2 next year. Mr. Langston once again asked the Council to read through the information regarding the public works department.
The police department also provided a narrative on what they anticipate their needs to be for the next years.
Mr. Langston stated that we are planning for a 2% growth rate with sales tax and hope that happens. We have a good fund balance and a surplus.
Councilmember Barnett noted that last year we were not able to set aside any money into our pool fund because we were not sure if the PAR tax was going to pass. Since it passed, have we gone back and amended the budget to put money into the pool. Mr. Langston stated that this has not been done. There is $250,000 in that fund, but there are so many things that we need to address that we should talk about that going forward. Councilmember Barnett indicated that we have just done that for the last couple of years and set money aside and held back last year. Mr. Langston stated that one thing coming up that is going to cost a lot of money is the new park.
If we throw $150,000 into the pool, what are we going to use for the new park. Councilmember Burrows pointed out that the estimated total for the pool this is $100,000 over budget.
 
13. OTHER BUSINESS Councilmember Barnett said that he and Mr. Creamer saw some new solar lighting for the bike path at the League of Cities and Towns conference. Mr. Creamer got the information on them and they said that they would install one or two so that we could see how they work. The conduit is in, but the wiring is not. Councilmember Barnett visited and new mountain bike facility that is like a skate park for mountain bikes. St. George spent $1.5 million dollars on the facility.
Councilmember Nielson asked about the playground equipment. She noticed that the City Park equipment has been repaired and it looks really good and everything is working. The new equipment for the play area at the Rotary Park has been installed. Mayor Ogden stated that we had received a donation for $6,000 to purchase a 2-person swing. We will just need to pour a cement pad to put it on.
Plans and preparation for July 4 are moving forward. Both the Home Free concert and Field Of Stars are scheduled to be at the Sevier Valley and we are having some issues with lighting. They have a bid on renting some lights for Field of Stars and we will see where that goes. The theme will be America the Beautiful. The musical, Little Mermaid, will be held at the Sevier Valley Center. They will have 2 weeks of rehearsals and 8 performances over 6 days in late July and early August. The City is looking at sponsoring the event by providing insurance. As a City Councilmember, Councilmember Arrington is a little concerned about that. There are 150 members in the cast and a lot of them are kids. He wondered if the City is going to take on liability for damages done at the SVC through that insurance policy or would we be better off going through a local insurance company and getting the Sevier Valley Community Theatre a policy specific to that event? Councilmember Arrington knows that event insurance is not that expensive. Mayor Ogden stated that Mr. Creamer told him that he had called and got the okay for this to happen, but Mayor Ogden stated that he would check on this. Councilmember Arrington said that he would check and see how much a policy would cost to purchase for them.
Mr. Langston addressed the awnings for the Fourth of July. For years we have spent $8,000 to $10,000 renting canopies and awnings from Diamond Rental. We could buy 2 20x40 canopies, we currently have 2 and well use the 2 that the County has. They are $3,800 a piece. For the food booths, we will just double them up and put them under one of those big canopies. Councilmember Christensen asked about the big one in front of the stage. Councilmember Arrington stated that we would use 2 of these canopies which would give us just as much seating as the big one we have been renting. There was some question as to where we would store them. Mr. Langston stated that we may be able to put them in a storage unit that we rent from Brienholts.
Mayor Ogden asked the Council to meet at the Snow College campus to have a picture taken with President Carlston, who will be leaving this next week; on the property where the Community Development Center is proposed to be built. Councilmember Nielson was concerned about the message this would be sending because we do not have any funding yet. Mayor Ogden stated that all we are saying is that the property has been made available if funding works out. Councilmember Nielson wanted to be sure that there is some distinction because she feels very uncomfortable about putting it in the paper and announcing to the community that we are building this when actually do not have any money. Mayor Ogden stated that part of the way you get support and get funding is to have folks see it and know that partners are coming on board and contributing money and making the property available, so that is a way of getting support. We will make it very clear that is it dependent on funding and cooperation in the future. We will not try to make anyone feel like it is a done deal.
Councilmember Arrington did not see a problem with having an article that states we are grateful for Snow College and President Carlston for the work that has been done providing a potential piece of property where a rec center could be built. If the come away from the article or the caption is that we have this piece of property and we are going to turn over dirt in the next couple of weeks then that is not okay. Mayor Ogden stated that he will make it very clear that this is not what is going to happen. Councilmember Arrington asked if we would have the option of writing up the article. Mayor Ogden thought we could probably look at it before it is printed. He said it is really just saying farewell to President Carlston who has done a wonderful job and been very supportive and helpful in our community.
Matt Beard has a business named Info West. They have only been opened for 3 weeks and he has had several customers who cannot find their building because the tree in front of their building is obstructing it. He was told that there really is no option and he was told he could not remove the tree. He asked why the trees were placed where they were and if there is something that can be done to make their business more visible. Councilmember Nielson said that when the trees were placed, the trees are to be trimmed from the bottom and they are not supposed to be topped. We are hoping when the arborist comes back, they will be able to trim them up a little higher. They are supposed to grow to be tall enough so they do not block the fronts of the buildings. Mr. Beard spoke with the tree trimmer who said that there is not much that can be thinned out and he is not going to be able to do anything that is going to improve the visibility of the sign. He would like to have the tree moved. Councilmember Christensen did not think there would be any way that we could remove that tree. Mayor Ogden wondered if there was any additional signing that could be done. Mr. Beard said that it does not matter where on the building the sign is placed; it is still obstructed by the tree. He talked with Mr. Creamer and suggested some things and they need something to be done that helps them out. Mayor Ogden asked if it would be possible to have a rear entrance. Mr. Beard stated that the rear entrance is not conducive because that is where their networking center is located and that is not somewhere you would want your foot traffic. Mayor Ogden was going to call Mike Lopez and ask him to look at it as see what we can do without killing the tree.
 
14. EXECUTIVE SESSION. At 8:56 p.m., Motion: Adjourn to convene an executive session to discuss the character, professional competence, or physical or mental health of an individual(s), the sale of real property and the purchase of property, 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.
15. RECONVENE. At 9:45 p.m., regular session of the Richfield City Council reconvened.
 
16. SALE OF REAL PROPERTY. The Council entertained a proposal for the purchase of approximately 7 acres of land located south of the Richfield Business Park which was formerly used and leased by EC Source. Motion: Sell approximately 7 acres of land located south of the Richfield Business Park for $40,000 an aces with $35,000 down and payments of $35,000 until paid at an interest rate of 3.5%, Action: Approved, 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.
 
17. MEETING ADJOURNED. At10:10 p.m., Motion: Adjourn, 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.
 
PASSED and APPROVED this 28 day of May, 2019.

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