STATE OF UTAH
COUNTY OF SEVIER
CITY OF RICHFIELD
At the City Council
In and For Said City
October 13, 2020
Minutes of the Richfield City Council meeting held on Tuesday, October 13, 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. ROLL CALL
4. MINUTES APPROVED
5. PUBLIC HEARING - ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (CSS COMPOSITE PROJECT)
6. CHILDREN’S JUSTICE CENTER DISCUSSED
7. DEVELOPMENT OF PROPERTY DISCUSSED
8. PLANNING COMMISSION REPORT
9. PROPOSED MULTI-FAMILY HOUSING DEVELOPMENT DISCUSSED
10. WHITE’S SANITATION CONTRACT RENEWED
11. ANNEXATION RESOLUTION 2020-11 ADOPTED
12. BID FOR THE SEWER LIFT STATION AWARDED
13. APPLICATION TO THE JOINT HIGHWAY COMMITTEE TABLED
14. SIDEWALK PROJECT FOR 500 EAST DISCUSSED
15. LOT 9 IN THE RICHFIELD BUSINESS PARK SOLD
16. OIL AND GAS LEASE WITH S & K ENERGY DENIED
17. RESOLUTION 2020-10 ADJUSTING WATER AND SEWER RATES TABLED
18. NEW PARK DISCUSSED
19. OTHER BUSINESS
20. EXECUTIVE SESSION
21. RECONVENE & ADJOURN
1. OPENING REMARKS were given by Kip Hansen.
 
2. PLEDGE OF ALLEGIANCE was led by Kathy Christensen.
 
3. ROLL CALL. Present: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson, Mayor David Ogden, Michele Jolley, Tyson Hansen. Excused: Bryan Burrows.
 
4. MINUTES APPROVED. The Council reviewed the minutes of the meetings held July 28 and August 11, 2020. Motion: Approve the minutes of the meetings held July 28, and August 11, 2020, Action: Approved. Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows
 
5. PUBLIC HEARING - ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (CSS COMPOSITE PROJECT). At 7:06 p.m. Mayor Ogden opened a public hearing to receive comments on the issuance of industrial development revenue bonds, series 2020 (CSS Composite project) in the aggregate principal amount of not to exceed $10,000,000; and related matters. He explained that this has been discussed before the Council prior to this meeting and asked if anyone had any questions or comments about this matter. Hearing no comments Mayor Ogden closed the hearing at 7:07 p.m.
 
6. CHILDREN’S JUSTICE CENTER DISCUSSED. Karen Ashby discussed the resource of the Children’s Justice Center. She is the Director and it falls under the direction of the Attorney General’s office, but it is subcontracted through the counties within the State of Utah. There are 23 centers around the State which service children that have been sexually or physically abused or any type of neglect. They partner with Sevier County, Richfield Police Department, Salina Police Department, and also provide services to Wayne and Piute Counties along with the school districts.
They are funded through State and Federal grant programs for victims of crimes. She works with the schools to provide mental health sessions. This program also helps with training for our police officers to handle these types of cases. She stated that funding is always tight, so if the Council ever wanted to contribute to a worthy cause, the Children’s Justice Center is one.
Councilmember Nielson wondered how the facility is accessed. Ms. Ashby works closely with the social workers at the school and they can call her and refer cases, or she acts upon referrals from law enforcement agencies and DCSF. They have a new medical facility that they raised funds for in the Family Support Center which provides privacy for the families that come in so they do not have to go to the hospital or Primary Children’s.
Mayor Ogden noted that cases have more than doubles over the past year, and he asked about staff and how they have been able to manage this increase. Ms. Ashby stated that she has been able to hire a victim advocate. The Rotary Club is putting in a double swing for the facility and Mayor Ogden asked if this is being used. Ms. Ashby stated that it has not been installed yet, but it will be shortly.
Councilmember Hansen suggested that this victim’s advocate is slightly different than guardian ad litem. Ms. Ashby stated that guardian ad litem is assigned by the courts to the victims and they speak for the child. The victim advocate represents the victim within the court case, not just through mental health, but if they need housing, have to be relocated, if they had to quit their job, or even legal service.
 
7. DEVELOPMENT OF PROPERTY DISCUSSED. Jared Jensen discussed the possibility of developing his property that is located at approximately 600 South and 80 East. The property currently is not within the City limits. He discussed the access for this property and noted that there used to be a bridge off from 500 South that the City has closed off. There is a lot of vandalism that is going on out there. People are still accessing the area through the gate of the business on the Munk property. Mr. Jensen indicated that they actually have a bridge on that property that people are using.
Mr. Jensen has a building on the property. Sewer is available to that property, but the water would have to be brought up from 800 South. He has thought about the possibility of accessing this property through his Main Street property.
Mayor Ogden stated that the bridge the City closed off from 100 East was mostly due to safety. The location of the road being right on the turn of 500 South and 100 East and the condition of the bridge decking was the safety concerns.
It was suggested that a development agreement could be made with Mr. Jensen that the development of 100 East would not have to happen until another business developed there. It would not make sense for the curb and gutter to be installed along 100 East at this time.
Councilmember Nielson felt that we need to find out if the property is in the City or the County first, and then we could work something out on the curb, gutter, and road.
Mayor Ogden suggested that the Council go and look at this property. He would like to see something done to help move this along.
 
8. PLANNING COMMISSION REPORT. Blaine Brienholt was present to represent the Planning Commission. They held a public hearing to receive comments on allowing RV parks in a general commercial zone because a developer is looking at a parcel of land on 1300 South for an RV park. A conditional use permit was approved for Memorial Monuments, Jordan Haffen, who bought the property originally owned by Rocky Mountain Power. He will be using the buildings for the storage of burial vaults. A conditional use permit was approved for the restoration of old cars behind the home of Daniel Jacobsen. They imposed the condition of not working late at night, and he did have permission from the neighbors. Scott Hyatt received approval for a sign for the car wash. Scott Hyatt also received approval for double drive-through businesses to go into the building that will be built north of the new car wash. One of the businesses is a Fiiz drink business. Mike Larson met with the Planning Commission to discuss 4H projects with kids raising animals for the county fair in residential areas for a set period. He was an Ag teacher in Arizona and he brought a copy of a code from Parker, Arizona, and discussed how we could amend our ordinance to allow kids to raise show animals in residential areas. It would require the animals to be 150 feet away from a residence and Mr. Brienholt was not sure that there would be very many properties that would allow for that. The Planning Commission will discuss this further and hold a public hearing on it.
The Planning Commission discussed a proposal to develop some townhomes on the property north of KFC. They feel that there is a great demand for townhouses. The problem is access.
 
9. PROPOSED MULTI-FAMILY HOUSING DEVELOPMENT DISCUSSED. Eric Mainord and Lonnie Reed discussed a proposed development for Lonesome Dove Townhomes to be located at approximately 1145 South Technology Drive and the transportation master plan located north of KFC/Taco Bell. Councilmember Nielson heard that they were wanting to develop 50 units there. Mr. Mainord stated that number is the target for them. The plan they presented had forty units, but Mr. Reed explained this was before they knew about the roadway. The Planning Commission discussed the possibility of changing density and Mr. Brienholt stated that we need these types of housing projects in our community. The Planning Commission is going to meet next month and work on this to see if they cannot come up with a zone to allow this type of housing.
Mr. Mainord indicated that there are two issues here. One is this particular site and the zoning that would be allowed to help get the units up in light of the road being there. They are also very interested in higher density and understanding our market that there is a great need. There was the possibility of three different zones such as 12 units per acre, 18units, and maybe as high as a normal complex which would be 26 units per acre. Cedar City has a zone of 30 units per acre. He and Mr. Reed come from a place that everyone wants one-acre lots, but they also want their children to stay and have places to rent until they have a nest egg. There is just a need for that. They would be interested in how we put together a zoning ordinance because they have some experience in that with concepts, ideas, parking, and all the issues that come with it.
Mr. Brienholt stated that the Planning Commission felt that this is an important matter to address.
 
10. WHITE’S SANITATION CONTRACT RENEWED. Chet White discussed the changes they are proposing to the agreement with the City for garbage collection. Mr. White explained that they take pride in the service of extra garbage pick-up. He does not believe there is another area in the State that does this as a weekly service. The concept the original owners had when they decided to do this was eventually clean up the area. This has almost made things worse because it seems like the service is being ignored or abused. He showed the Council some pictures of some places where a lot of trash was placed on the road.
The new contract is meant to regulate the size of personal cans that go out, so if they are going to use their cans, they need to be 35 gallons or smaller to be able to be dumped. The bulky items that are put out will be limited to 1 large item per house i.e. fridge, mattress, washer, etc., once a week. They are eliminating carpet from pick up unless it is in a White’s container. There is still a $1 discount for the widows or widowers if someone puts the can out. If they provide the walkup service, then there is no reduction in price. The price for service under the new contract will increase by $2, so instead of $9 the cost per resident will be $11.
Councilmember Nielson asked if someone could put their carpet in their container. Mr. White indicated that they could do that.
The things that they currently offer and that they feel are really good services like the Fourth of July carts and dumpsters, cleaning of the cans 2 or 3 times a year, and the 8 free town cleanup dumpsters. This past year they ended dumping 14 or 15 dumpsters as far as the town cleanups. They work with the parks to make sure that we have enough cans for different events. They are only charging the City cans that are currently at the parks and they do not even charge for the service as far dumping goes.
Councilmember Christensen wondered if there would be an additional charge for the second or third carts. Mr. White stated that they will stay at $2.50 each.
Motion: Approve the contract with White’s Sanitation for garbage pickup, Action: Approved. Moved by Todd Gleave. Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
11. ANNEXATION RESOLUTION 2020-11 ADOPTED. The Council reviewed the Annexation Petition filed by the Peterson family for property located along 100 East between 1000 South and 1300 South. Motion: Adopt Annexation Resolution 2020-11, Action: Adopted, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
12. BID FOR THE SEWER LIFT STATION AWARDED. Carson DeMille explained that we received three bids. The low bid was submitted by Jackson Excavating for $310,400. A & D Jensen Contractors was second with a bid of $372,850 and Terry Brotherson was third was a bid of $409,694. The last time we bid on this project, Jackson Excavating was also the low bidder with a bid of just over $400,000, but he did not include any shoring so he was a little hesitant to proceed with the project. A & D Jensen had a bid of about $600,000, $200,000 of which was for shoring. With the redesign, we were able to shave off over $100,000.
Mr. DeMille stated that they did not have any reason why we should not award the bid to Jackson Excavating. They did our last project and they did a good job, so he would recommend that we award the bid to Jackson Excavating. Mr. DeMille noted that none of the contractors would be able to proceed with this project until next year. They put a deadline of May 1, 2021, on this project.
Motion: Award the bid for the sewer lift station to Jackson Excavating for $310,400, Action: Approved, Moved by Kip Hansen, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
13. APPLICATION TO THE JOINT HIGHWAY COMMITTEE TABLED. MicKlane Farmer discussed the application for the Joint Highway Committee which has to be submitted by the end of December. We need to determine the location of the project. Mr. Mogan noted that we talked about this a month or so ago. We could do Center Street, but with the amount of funding available, we would not get very far. Mr. Farmer stated that the most we could get is 1.5 million dollars and with the width of Center Street we would probably only get 2 blocks done.
Councilmember Christensen thinks that we should start on Center Street, noting that we did 100 East in 3 phases.
Mr. Mogan stated that if we do Center Street, the waterline will have to be replaced. Mr. Farmer stated that the funding package would not include the replacement of the waterline. It would have to be a separate project.
Mayor Ogden stated that the reason he thought 500 North should be completed from 400 North to the swimming pool was for safety. We have a corner there that is used by several hundred cars again and the turn is just not safe.
400 West is also in need of repair and it would qualify for these funds. Mr. Farmer stated that the Joint Highway Committee has a ranking process. He believed that 500 North or Center Street would probably be the best bet to get the funding. Mayor Ogden asked when we needed to decide and Mr. Farmer said it would good to decide on it as soon as possible because they have to put together a cost estimate to apply.
Councilmember Christensen would vote for Center Street. If we do 500 North we would probably be able to do the remaining 3 blocks. Mr. Farmer felt that we could salvage the sidewalk along 500 North along the one side. Mayor Ogden asked what some of their considerations are. Mr. Farmer indicated that they look at the traffic counts, so the higher the traffic count the better the chance is for funding. Mayor Ogden asked how we get that and Mr. Farmer said that they already have it. Councilmember Christensen wanted to do a traffic count for Center Street because she felt like that would help us decide which street to do. The average daily traffic count on 500 North was 2,100 and 860 on Center Street.
Mr. Farmer suggested that he and Mr. Mogan get together put together a rough estimate for Center Street and bring it to the next Council meeting and a final decision could be made then.
Motion: Table, Action: Tabled, Moved by Kip Hansen, Seconded by Todd Gleave. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
14. SIDEWALK PROJECT FOR 500 EAST DISCUSSED. Mr. Farmer discussed the installation of a sidewalk from the Stake Center to 600 North. Mr. Mogan noted that the lack of sidewalk along this street has been a safety concern because of all the kids that walk to and from the Stake Center to catch the school bus. With the new park going in down there, it is only going to increase traffic.
Mr. Farmer explained that there needs to be a retaining wall installed and they have not got that information yet. He asked that the matter be tabled until the next Council meeting so that he would be able to present all of the information.
 
15. LOT 9 IN THE RICHFIELD BUSINESS PARK SOLD. Dustin Nielson of Western Valley Investments has been negotiating with the Council to purchase Lot 9 of the Richfield Business Park. Mr. Nielson explained that there could potentially be 100 parking stalls with the development taking place in 4 phases. They may do phases 1 and phase 3 together, but not all four. If they build all 4 phases, they could potentially have up to 34 units, so there would be 2.9 parking places per unit.
The Development Agreement would give Mr. Nielson 2 years to develop the property. The purchase price was $40,000 per acre and he is purchasing 2.5 acres. He needs to construct a building that will just be under 12,000 square feet. Mr. Nielson stated that he plans on starting right away. Motion: Approve the sale of Lot 9 of the Richfield Business Park to Western Valley Investments along with a Development Agreement, Action: Approved. Moved by Connie Nielson, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
16. OIL AND GAS LEASE WITH S & K ENERGY DENIED. S & K Energy requested the lease of 126 acres of the City for five years. Mayor Ogden explained that this is the property down by the river and we refer to it as the Peterson property and it is currently leased to the DWR for a wildland refuge. The lease is approximately $1,200 for five years. Mayor Ogden discussed this potential lease with Kendall Bagley of DWR since they are currently leasing the same ground being south by S & K Energy. Mr. Bagley told Mayor Ogden that he is not in favor of the City leasing the underground rights because of the potential harm it may cause to the wildlife they have established there. Motion: Deny the oil and gas lease to S & K Energy, Action: Denied, Moved by Kathy Christensen, Seconded by Kip Hansen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
17. RESOLUTION 2020-10 ADJUSTING WATER AND SEWER RATES TABLED. The Council reviewed the proposed water and sewer rates. Councilmember Nielson wanted to table the matter because Councilmember Burrows got called out to work and he had some concerns with trying to buy water, so he wanted to stop and discuss that first before we vote to raise rates. Plus, we need to discuss what impact it would have if we changed the zoning code to allow for higher density housing. Motion: Table the matter until the next meeting, Action: Tabled, Moved by Connie Nielson, Seconded by Kathy Christensen. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
18. NEW PARK DISCUSSED. Mr. Mogan reminded the Council that we were going to put in sprinkler lines and grass this fall. We went down and ran the grater across it to get the material that had been laid there. We also talked with A & D Jensen about disking it to get the black plastic up, but they stated that would only make it work. The best solution would probably be to bring some fill in.
19. We had someone suggest that we should get an engineer to design this for us so that we did not install sprinkler lines and then have to tear them up when we develop the ground. The engineer is going to want to know what we want there. Do we want pickleball courts? Councilmember Christensen would like to see pickleball courts, a pavilion that could be rented out for parties, and a playground.
Councilmember Nielson remembered that one of the biggest things that were mentioned in the letters from the residents was playground equipment for handicapped children. She thinks an all-abilities playground would be a good idea.
Councilmember Christensen heard from some of the neighbors by the park. They really do not want to see a swimming pool there; they really want a park, and none of them want ballfields. If something happens and we cannot use the College fields, we really need to look at doing a ball field complex like they have other places. That would not work there at all. She thinks it would be wonderful to hire an engineer.
Councilmember Nielson stated that it would be nice to have a center point where we have a monument recognizing the Nielson family for their contribution. She also noted that we have asked so many young mothers asked for a splash pad, so she wondered if we should consider that at this park. Councilmember Christensen thinks we need to do the splash pad by the swimming pool. Councilmember Nielson does not like splash pads because they are hard to maintain. The one in Central Valley is broken down a lot.
Motion: Approve hiring an engineer to come up with a design for the new park, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
20. CLEAN OUT OF COTTONWOOD CHANNEL APPROVED. Mr. Mogan explained that we have had contractors come in and clean out the Cottonwood channel from approximately 750 North to approximately 500 North. The willows are overgrown and we are unable to get access to clean them because the bank has eroded and is narrow. We had a side-by-side in there a few years ago and it rolled on its side because the bank is so narrow. Mr. Mogan met with A & D Jensen and they gave us a bid. Last year, it was $17,500, and this year it is $22,500, so it increased by about $3,000. They will be able to get a mini dozer down in the bottom and haul the material to one end or the other. They will bring riprap in and rebuild the bank so that we can access that with our sprayer. Once we get access along there, we would be able to keep the willows down. One of the residents there contacted the City and was concerned about the channel flooding because it would flood her home.
Councilmember Christensen asked where we get the funds to do this. Mr. Mogan stated that in the past it has come out of the water fund. We did some rip rap last year, but we do not have the equipment to clean this out. Motion: Approve funds to clean out the Cottonwood channel, Action: Approved, Moved by Kathy Christensen, Seconded by Connie Nielson. Motion passed unanimously. Vote: Motion carried by unanimous roll call vote (summary: Yea = 4). Yea: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
21. OTHER BUSINESS. The Council will hold a special meeting to discuss water and development Monday at 4:30.
Tyson Hansen discussed the asbestos removal at the Elk’s Lodge that needs to be done. He is meeting a contractor tomorrow to get another bid. The only bid we currently have to remove the asbestos is for $178,000. The architect is going to redesign the roof so that it drains properly. We still do not know how much our third tranche will be. Mayor Ogden asked how that will be decided. Mr. Hansen indicated that the State may reallocate funds to areas where the virus is surging, so our third tranche could be less than what they originally said.
Councilmember Nielson asked Mayor Ogden if he had put anything in the paper about what the City’s recommendations are for COVID. She thought we need to express the City’s stance is. Mayor Ogden said that he would, but that he had not yet. Councilmember Nielson noted that we should find out what the new recommendations are for Richfield and then have something in the paper about it.
The Council needs to set a special meeting in November for the annexation of the property for CSS Composites to be completed before the end of the year. If this is not annexed into the City before the end of December, they will not be able to get their funding from the private activity bond which is 10 million dollars. The Council set a special meeting for Tuesday, November 17 at 7:00 p.m.
The application to CIB for the sewer lagoons has been filed. There was a change in our application because we are applied for a large infrastructure funding which is slightly different than what we have applied for before. Because of this designation, we were able to ask for a 40% loan and 60% grant.
 
22. ADJOURNMENT. At 9:31 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: Kathy Christensen, Todd Gleave, Kip Hansen, Connie Nielson. Excused: Bryan Burrows.
 
PASSED and APPROVED this 12 day of January 2020.

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