THE STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
At the City Council
In and For Said City
January 14, 2020
Minutes of the Richfield City Council meeting held on Tuesday, January 14, 2020
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. SWEARING IN ON NEW COUNCILMEMBERS
4. ROLL CALL
5. MINUTES APPROVED
6. PUBLIC HEARING FOR DONATION
7. PUBLIC HEARING FOR DONATION
8. PUBLIC HEARING TO REZONE PROPERTY
9. AUDITED FINANCIAL STATEMENT APPROVED
10. TRIMMING OF TRESS ON MAIN STREET APPROVED
11. ANTENNA FOR INFOWEST DISCUSSED
12. WHITE SANITATION’S ANNUAL REPORT
13. PUBLIC HEARING ON DUMPSTERS
14. PLANNING COMMISSION REPORT
15. PHASE III OF THE LINKS SUBDIVISION APPROVED
16. 8-UNIT APARTMENT COMPLEX TABLED
17. ANNEXATION ORDINANCE 2020-1 APPROVED
18. RESOLUTION 2020-1 ACCEPTING THE JONES & DEMILLE ENGINEERING ANNEXATION PETITION
19. ORDINANCE 2019-4 RATIFIED
20. MEMORANDUM OF UNDERSTANDING RATIFIED
21. OTHER BUSINESS
22. MEETING ADJOURNED
 

1. OPENING REMARKS were offered by Mayor Ogden.
 
2. PLEDGE OF ALLEGIANCE was led by Councilmember Christensen.
 
3. SWEARING IN ON NEW COUNCILMEMBERS. Todd Gleave, Kip Hansen and Kathy Christensen were sworn in as new councilmembers.
 
4. ROLL CALL. Present: Mayor David Ogden, Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen, Michele Jolley. Excused: Mike Langston.
 
5. APPOINTMENTS. Consider appointing Landon Larson to the Planning Commission and reappointing Monte Turner and Greg Bean to the Planning Commission. Motion: Appoint Landon Larson and reappoint Monte Turner and Greg Bean to the Planning Commission, Action: Approved, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
6. MINUTES APPROVED. The Council reviewed the minutes of the meetings held November 12 and December 10, 2019. Motion: Approve the minutes of the meetings held November 12 and December 10, 2019, Action: Approved, Moved by Connie Nielson, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
7. PUBLIC HEARING FOR DONATION. Mayor Ogden opened the public hearing at 7:08 p.m. to receive comments on a request for funds for the production of the Lamb of God. Shanna Hawley explained that this is a musical about the last days of the life of Jesus Christ. It is a wonderful interfaith event. The Interfaith Council gave a letter of support which Ms. Hawley read noting the support of the Interfaith Council of this event. She originally asked for $1,000, but she has been able to shave down some expenses, so she is only asking for $500. Ms. Hawley introduced the Chairman of the Interfaith Council, Ken Wayman, to the Council. He stated that no matter what happens with the financing, this event is going to be put on.
Mr. Wayman stated that the first practice was held last Sunday. He stated that it will be much like the Messiah. He said it is very epic and very worth supporting. Ms. Hawley stated that this is a very unifying event for our County.
Brian Barton spoke stating that he was approached with this concept and he felt it is a portrayal of principles and faith-building concepts to help build the community. He represents the Central Valley Utah Stake and they are in support of this event and will do all that they can to facilitate and to continue to build community and build support for participation in this program.
The event will be held March 21. Mayor closed the hearing at 716 p.m.
 
8. PUBLIC HEARING TO REZONE PROPERTY. Mayor Ogden opened a public hearing at 7:17 p.m. to receive comments on a request to rezone property owned by Sevier School District located at 195 East 500 North from the CS zone (Commercial Shopping )to the RM-11 zone (Multiple Family Residential). Councilmember Hansen declared that he is an employee of Sevier School District, but he does not feel that there would be any conflict. Brayden Garden represented the School District and the buyer. Mr. Gardner stated that they gave been marketing the property for some time. It is an odd-shaped lot. It is quite narrow with a 77-foot frontage. It is zoned commercial. They had marketed it in different ways. The buyer is proposing a duplex sideways on the lot and there may be only one unit, but they could build two units. If it were zoned single family, that would create an island, but multi-family would be contiguous with the property across the street.
Mr. Gardner stated that the ordinance talks about the requirement for fencing and the requirement to install a masonry fence. It would not be possible to put a fence along the cement driveway and it would be very cost prohibitive. The buyer’s intent is to fence the west side, but they would prefer to do a vinyl or wood fence, but not masonry. Councilmember Burrows felt that fencing the east side would cause more of a hazard in an emergency.
Mr. Gardner stated that they did contact the State of Utah to see if they would be interested in purchasing it for parking because they are parking on it and utilizing the property now, but they are not interested.
Councilmember Burrows felt that there would not be a lot of uses for this property. Mayor Ogden closed the hearing at 7:25 p.m.
 
9. AUDITED FINANCIAL STATEMENT APPROVED. Kimball & Roberts presented and discussed the audit for the period ending June 30, 2019. Gabe Miller reviewed the financial statement. He explained that the City was given a clean, unmodified opinion, which is what you want. The City has some funds that are restricted and others that are unrestricted. The City’s net position did increase by a little over 2 million dollars which is due to some grant money received during the year that has not been spent on projects yet. The City’s debt increased by 1.5 million during the current year.
Rick Roberts reviewed the notes and the compliance findings. Mr. Roberts stated that there were two matters that the City was not in compliance with the State’s requirements. One was the fund balance. The City can only maintain 25% of its total revenues in its fund balance and then we have to have a minimum of 5% for operation, so the City exceeded the unrestricted funds by $108,495. It was recommended that the City transfer those funds to the capital projects fund.
 
10. TRIMMING OF TRESS ON MAIN STREET APPROVED. The Council discussed the trimming of trees on Main Street. Councilmember Christensen wished that we would have had him look at the trees along Center Street. Mayor Ogden stated that he looked at the trees with Mike Lopez and he did not feel that we need to trim those trees. Councilmember Christensen felt that the lower branches needed to be trimmed up so they are not so low, but we could probably do that. Motion: Approve the trimming of trees on Main Street, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen. Councilmember Christensen wanted to know when they are going to do that because we need to get the lights off the trees.
 
11. ANTENNA FOR INFOWEST TABLED. InfoWest requested permission to install an antenna on the water tank. Matt Beard asked the Council why they would not allow the antenna to be located on the water tank. Councilmember Burrows stated that the City had the water tank sandblasted and sealed and the Council did not want any type of attachment or welding done to the tank, which was the recommendation of the public works director as well. Mr. Beard stated that they use a non-pen mount. It has a base that is about 8x8 square and they put rubber mats underneath the tower so that it does not have contact with the water tank so it does not wear on the tank. They are usually weighted with cinder blocks on the bottom.
Councilmember Christensen wanted to know why they wanted it put on the water tank. Mr. Beard stated that it is because of the location and the height. Councilmember Nielson wondered about the foot traffic on the top of the water tank as people climb up and down to install and maintain it. Mr. Beard stated that it would be lifted on top of the tank with a boom. Rick Robinson stated that he did not know the structural load calculations for the water tank. Councilmember Burrows asked what the weight of the unit would be. Mr. Beard stated that it would probably weigh about 300 pounds and span and 8-foot by 8-foot square. Mr. Robinson stated that would exceed the snow load which is what the tank would be designed for.
Mr. Robinson recommended that we check the load before it is approved. Mr. Mogan is concerned about having several antennas on the tank and noted that there are kids that go up on the tank and vandalism may be a concern. Mr. Beard asked if the tank would not handle the load if the Council would allow them to install something within the fenced area around the tank.
Councilmember Hansen asked how common this is in other municipalities. Mr. Beard stated that it is very common. The Enoch City water tank has 2 or 3 antennas on it. Mayor Ogden suggested that the approval could be contingent upon the recommendations of the building official and public works director. Motion: If the tank is capable of handling the weight based on information that Mr. Beard needs to provide, then the Council would allow an antenna on top of the water tank, Action: Approved, Moved by Bryan Burrows, None seconded. Motion failed. Motion: Table the matter until January 28, 2020, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
12. WHITE SANITATION’S ANNUAL REPORT. Chet White was present to make an annual report for White’s Sanitation. He asked the Council if they had any questions or concerns. Mr. White discussed the spring clean up for the upcoming year. The County has limited us more this year than they have in the past. They have limited it to April 15 to May 15. In the past we have had 4 containers in various parts of Richfield over a 10 day period. This year, they are suggesting 2 dumpsters for 7 days. The Council decided to wait until Mr. White knows what the other communities are going to do, so that if there is an opportunity to do more, then we can. He will know by February if we could get more dumpsters in more locations.
 
13. PUBLIC HEARING ON DUMPSTERS. Mayor Ogden opened a public hearing at 8:24 p.m. to receive comments on a proposed ordinance that would regulate the placement of dumpsters in City rights-of-way. Chet White spoke with Charles Billingsley and he understood that one of the issues occurred during the City’s street paving project. He understood that if it is paved from the travel lane to the curb and gutter there would be no dumpsters allowed at all, but if it was dirt they were allowed to be there. He also understood that if they did not have a building permit, they would have to call Richfield City to get a permit to put a dumpster in front of your house.
The ordinance proposed is written so that a dumpster could be placed on the paved road for a limited use in connection with a valid building permit.
Mr. White was concerned that if people were required to get a permit before they clean up there yard, they won’t call for a dumpster, they will just put it out in the road. At certain times, there is a lot of abuse of what he feels like what the garbage service, so if it hinders them and they would have to go to just cans only. They don’t want to get to the point that they have to go around and pick of all of the piles.
Councilmember Burrows was concerned about having metal storage containers being used as accessory units on their property. He does not want that to be allowed. Councilmember Nielson stated that on 400 North there is a large dumpster that has been sitting in the front yard for over a year. She wondered if there was a time limit. Mr. White stated that he does not have a time limit because they pay a rental fee and pay to use it. He wondered if the 30 days begins from the day the dumpster is placed or from 30 days after the completion of the commercial project.
Mayor Ogden declared the hearing closed at 8:44 p.m.
 
14. PLANNING COMMISSION REPORT. Rick Robinson reported on the Planning Commission meeting held January 8, 2020. They approved a home occupation permit for Shaelynn Scott to conduct a business called Shae Victoria Beauty at 493 West 800 North. A public hearing was held on Phase III of the Links Subdivision, which was recommended to the Council for approval. They recommended that a fence not be required along the back side of the lots next to the golf course. The site plan for the Dogberry building in the new business park was approved with a couple of changes. They approved an 8-unit apartment complex, but the sale fell through so that project will no longer be moving forward.
 
15. PHASE III OF THE LINKS SUBDIVISION APPROVED Mr. McIff had some concerns about having to install a fence along the backside of the lots 19, 20, 21, and 22 next to the golf course fairway. He felt that it was very common throughout the country to have yards open to golf course fairways and he has made those lots very deep to accommodate the lots being next to the golf course. Councilmember Nielson and Councilmember Christensen stated that we have already have problems with people building next to the golf course. Councilmember Burrows noted that the lots are very deep, so they would have a buffer to allow for being next to the golf course. It is possible for the property owner to install a fence if they choose to do so. He was not opposed to putting in a road to the south of this development to allow for another access onto Airport Road. Motion: Approve Phase III of the Links Subdivision as recommended by the Planning Commission, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
16. 8-UNIT APARTMENT COMPLEX TABLED. It was noted that the sale of property fell through, so the project will not be moving forward at this time. Motion: Table approval of an 8-unit apartment complex, Action: Tabled, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
17. ANNEXATION ORDINANCE 2020-1 APPROVED. The Council reviewed an Ordinance annexing property owned by Lee and Holly Woolsey. Motion: Adopt Ordinance 2020-1 annexing the property of Lee and Holly Woolsey and Clark Pearson, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
18. RESOLUTION 2020-1 ACCEPTING THE JONES & DEMILLE ENGINEERING ANNEXATION PETITION. The Council reviewed the petition and resolution to begin the annexation of property owned by 1535 South Properties, LLC. This would allow for the expansion of Jones and DeMille’s existing building. Motion: Adopt Resolution 2020-1, Action: Approved, Moved by Kip Hansen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
19. ORDINANCE 2019-4 RATIFIED. The Council moved to ratify Ordinance 2019-4 annexing property owned by Michael and Julie Coons. Motion: Adopt Ordinance 2019-4 annexing property owned by Michael and Julie Coons, Action: Approved, Moved by Bryan Burrows, Seconded by Kathy Christensen.
 
20. MEMORANDUM OF UNDERSTANDING RATIFIED. The Council reviewed the Memorandum of Understanding for wildfire resources which gives our fire department permission to go and fight wildfires. Councilmember Burrows stated that we need to emphasize that we do not leave our community unprotected. The priority needs to be here first. Motion: Ratify the Memorandum of Understanding for wildfire resources, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
21. OTHER BUSINESS. Councilmember Nielson and Councilmember Christensen are representing Richfield on a committee as part of the State of Utah Better Days 2020 which is signifying and celebrating women’s right to vote. This year it has been 150 years since women were allowed to vote. There will be a statue that will be traveling through the State and it will be taken back to Washington DC, which acknowledges women’s right to vote. There is going to be events this year encouraging women to vote and getting them out to vote. At the end of the year before elections, there will be a lot of information so that they can vote. One of the girls that grew up here in Richfield is an artist. The Committee has been talking to State Bank about the wall just south of them and they have plans to resurface that wall and the Committee would like to have her paint a mural on this wall. We have the State convention for Daughters of the Utah Pioneers coming to Richfield this year. They will be requesting some funding from the City when they are sure what is happening for sure.
Councilmember Hansen stated that he is so thankful to be part of a community like Richfield, Utah. He use to live here and he didn’t realize how important those few years were until he moved back. It took him almost 50 years to get back to this valley and he has always felt very strongly about contributing to where you land. He is grateful for the opportunity to serve in this capacity and looks forward to serving with each member of the Council.
Councilmember Burrows had some questions about the bid to redo the outlets on Main Street. He wondered if it was actually the bid or if it was just an estimate and therefore subject to change. Mr. Mogan indicated that it is the bid. Councilmember Christensen wondered if there are outlets for the trees on the side streets. Mr. Mogan was not sure and said he would check. The Council was fine with the supplies being ordered.
The City is having an appreciation open house for Mike Langston this Friday. He was recently diagnosed with a cancerous brain tumor and since he cannot retire, the City wanted to show its appreciation to him for the 33 years that he has worked for the City.
The computer system for the City offices has to be upgraded due to a change in the software program that we have been using. Upon the recommendation of the City’s auditor, the staff has looked at a new software program and would like to change to this software company which will be more user-friendly and help us do the things that Mr. Langston is doing. The cost of the new computer system is $10,000 to convert the programs we have now and train the employees in the use of the program.
Keith Mogan informed the Council that we have a contractor installing the sewer line on the north side of the property that Dogberry is purchasing. It will also be necessary to build the road up and it will take approximately 3,000 yards of fill on the north side and will cost approximately $22,000. The material will be held out of our detention basin and the other cost would be for grading and grading. The road will only be built to the end of the 2.5 acres and asphalt will not be installed at this time. Councilmember Burrows was concerned about the fill material because it has a lot of sand, but Mr. Mogan explained that it is more of a pit run material, so it is compacting well.
Mr. Mogan also mentioned that all of the holiday decorations were taken down and he suggested that he Council consider replacing some of the decorations because they are in pretty rough shape.
Todd Gleave volunteered to be the Councilmember over the Independence Day Committee.
 
22. ADJOURNMENT. At 9:37 p.m., Motion: Adjourn, Action: Approved, Moved by Kathy Christensen, Seconded by Bryan Burrows. Vote: Motion carried by unanimous roll call vote (summary: Yea = 5). Yea: Bryan Burrows, Kathy Christensen, Connie Nielson, Todd Gleave, Kip Hansen.
 
PASSED and APPROVED this 25 day of February, 2020.

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